1. Acceptance of Terms

By accessing or using Fayce (“the Service,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service and all policies incorporated by reference. If you do not agree, you must not use the Service. These Terms constitute a binding legal agreement between you and Fayce.

2. Eligibility — Age Requirement

You must be at least 18 years old to use Fayce. By using the Service, you represent and warrant that you are 18 or older. The Service is not directed at minors and we do not knowingly collect personal data from anyone under 18. If we learn that a user is under 18, we will immediately terminate their account and delete all associated data, including any biometric information. Users between 13 and 17 are strictly prohibited from using the Service regardless of parental consent.

3. Description of Service

Fayce is an AI-powered content creation platform that enables users to generate short-form marketing videos, UGC-style videos, and AI avatars. The Service uses artificial intelligence to:

• Analyze facial features from photos you upload to generate consistent AI-rendered images
• Clone voices from audio samples you provide to synthesize speech
• Generate scripts, video clips, and complete marketing videos
• Animate AI-generated images into short video clips
• Place products into AI-rendered scenes depicting your likeness

Processing your face photos and voice samples constitutes collection of biometric data. See the Biometric Data section for your specific rights and our obligations.

4. Biometric Data — Explicit Consent

By uploading a photo of your face or a voice recording, you explicitly consent to Fayce collecting, processing, and transmitting your biometric identifiers and biometric information — including facial geometry, facial feature analysis, and voiceprint data — for the purpose of generating AI avatars and synthesized speech.

This consent is required for certain features of the Service. You may withdraw consent at any time by deleting your account or contacting us at privacy@fayce.io. Upon withdrawal, we will delete your biometric data within 30 days, subject to any legal retention obligations. Note that withdrawing consent will prevent you from using AI avatar and voice features.

We do not sell, lease, trade, or profit from your biometric data. We do not disclose biometric data to third parties except as strictly necessary to provide the Service (see Third-Party Services section) and subject to data processing agreements with those providers.

For full details of how we handle biometric data — including retention schedules, state-specific rights, and GDPR lawful bases — see the Biometric Data Policy below.

5. Likeness and Right of Publicity

You may only upload photos or voice samples of yourself or of individuals who have provided you with explicit written consent to use their likeness and voice for AI-generated content. You must retain records of any such consent and provide them to us upon request.

You are strictly prohibited from:

• Uploading photos or voice recordings of any person without their explicit written consent
• Generating content that depicts any real person (public figure or private individual) without their consent
• Using Fayce to create non-consensual intimate imagery or deepfake pornography of any person
• Impersonating any person, living or deceased, in a misleading or deceptive manner
• Creating political deepfakes or synthetic media intended to deceive voters or influence elections
• Generating AI-rendered content depicting minors under any circumstances

Violation of this section may expose you to civil and criminal liability under applicable laws, including the Deepfake Accountability Act, state right-of-publicity statutes, and various criminal deepfake laws enacted in California, Texas, Virginia, New York, and other jurisdictions. You assume full legal responsibility for any such violations.

6. AI-Generated Content Disclosure

When you use Fayce-generated videos or images in advertising, marketing, or any public-facing content, you are responsible for complying with applicable disclosure requirements, including:

• FTC guidelines: Disclose that content was AI-generated when used in commercial advertising or paid endorsements
• EU AI Act: Label AI-generated content as such when deployed in the EU, including synthetic voice and video
• Platform policies: Comply with the AI content disclosure policies of any platform (Instagram, TikTok, YouTube, etc.) where you publish Fayce-generated content
• FTC Endorsement Guides: Disclose any material connection between you and the products featured in AI-generated UGC content

Fayce is not responsible for your failure to comply with these disclosure obligations. You indemnify us against any claims arising from your publication of AI-generated content without required disclosures.

7. Acceptable Use

You agree not to use the Service to:

• Generate content that is defamatory, harassing, threatening, or violates any third-party rights
• Produce content that violates any applicable local, national, or international law or regulation
• Create content that promotes violence, hate speech, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin
• Generate false or misleading content intended to defraud or deceive consumers
• Attempt to reverse-engineer, extract, or copy any AI models, weights, or proprietary data from the platform
• Circumvent any access controls, token limits, or rate limits imposed by the Service
• Resell, sublicense, or white-label access to the Service without prior written permission
• Use automated scripts or bots to access the Service outside of our official API
• Upload malware, viruses, or any harmful code

8. Content Ownership and License

You retain ownership of the original content you upload (photos, voice recordings, scripts). By uploading content, you grant Fayce a limited, non-exclusive, worldwide, royalty-free license to process, store, and transmit that content solely to provide and improve the Service, subject to our Privacy Policy.

AI-generated outputs (images, videos, audio) created using your inputs are assigned to you, subject to: (a) the terms and ownership policies of the third-party AI services used to generate them (see Third-Party Services); (b) applicable intellectual property laws regarding AI-generated works, which vary by jurisdiction and continue to evolve; and (c) these Terms.

You grant Fayce a non-exclusive license to use anonymized, aggregated usage patterns to improve our AI models and prompts. We will not use identifiable face photos or voice recordings for model training without your explicit opt-in consent.

9. Intellectual Property

The Fayce platform, brand, interface, and proprietary workflows are the intellectual property of Fayce. Nothing in these Terms transfers any ownership of our intellectual property to you. You may not copy, reproduce, modify, or create derivative works of the Fayce platform or branding without written permission.

If you believe your copyrighted work has been used in violation of your rights, contact us at legal@fayce.io with a DMCA-compliant notice. We will respond to valid DMCA takedown requests within 14 business days.

10. Tokens, Subscriptions, and Billing

Paid plans are billed on a monthly or annual basis. Subscriptions renew automatically unless cancelled before the renewal date. You may cancel at any time from your billing settings; cancellation takes effect at the end of the current billing period.

Token credits (used to generate videos and images) are consumed per generation. Tokens have no cash value and are non-refundable except where required by applicable law. Failed generations caused by third-party AI service outages may be credited to your account at our discretion.

We reserve the right to modify pricing with 30 days notice. Continued use after a price change constitutes acceptance of the new pricing. Refund requests are handled on a case-by-case basis. If you are entitled to a refund under consumer protection laws in your jurisdiction, those rights are not waived by this policy.

11. Service Availability and Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that: (a) the Service will be uninterrupted or error-free; (b) generated content will meet your expectations; or (c) outputs will be factually accurate or suitable for any particular purpose.

Video generation depends on third-party AI services that may experience outages, policy changes, or quality variations outside our control. We are not liable for delays, failures, or quality degradation caused by external service providers.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAYCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION — ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability for any claims arising under these Terms shall not exceed the greater of: (a) the amount you paid to Fayce in the 12 months preceding the claim, or (b) USD $100.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Fayce and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including right of publicity, biometric privacy, or intellectual property rights; (d) AI-generated content you publish without required disclosures; or (e) any claim that content you submitted caused damage to a third party.

14. Termination

We reserve the right to suspend or terminate your account immediately, without notice, if you violate these Terms — particularly the biometric consent, likeness, or acceptable use provisions. We may also terminate accounts for extended inactivity (12+ months with no usage).

You may delete your account at any time from Settings. Upon deletion, your personal data and biometric information will be deleted within 30 days, except where retention is required by law. Generated video files may be retained in anonymized form for up to 90 days.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Any dispute arising from these Terms or your use of the Service shall be resolved by binding arbitration under the rules of the American Arbitration Association, conducted in English. You waive any right to participate in class-action proceedings.

Notwithstanding the above, either party may seek injunctive relief in a court of competent jurisdiction for violations involving intellectual property, biometric data, or the prohibited use provisions of Section 5. Nothing in this section limits rights you may have under applicable consumer protection laws in your jurisdiction, including the EU.

16. Changes to Terms

We may update these Terms at any time. For material changes — particularly those affecting biometric data use, liability, or payment terms — we will provide at least 30 days notice via email before the changes take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to updated Terms, you must stop using the Service and may delete your account before the effective date.

17. Contact

For legal inquiries: legal@fayce.io
For privacy and data requests: privacy@fayce.io
For support: support@fayce.io

1. Information We Collect

• Account data: Email address, hashed password, name (optional), subscription status, and account preferences.
• Biometric data: Facial geometry and feature analysis derived from photos you upload; voiceprint data derived from voice recordings. This is sensitive personal information — see the Biometric Data Policy section for full details.
• Content: Photos, voice recordings, product images, scripts, generated videos, and AI avatar configurations you create or upload.
• Usage data: Features used, generation requests made, token consumption, login timestamps, IP address, browser/device type.
• Billing data: Subscription plan and billing history. Payment card details are handled exclusively by our payment processor (LemonSqueezy) and are never stored on our servers.
• Communications: If you contact support, we retain those communications to resolve disputes and improve service quality.

2. Lawful Basis for Processing (GDPR)

For users in the European Economic Area (EEA) and UK, we process personal data under the following lawful bases:

• Contract: Processing necessary to provide the Service you subscribed to (account management, video generation, billing).
• Explicit consent (Article 9 GDPR): Biometric data (face photos, voice recordings). You may withdraw this consent at any time.
• Legitimate interests: Fraud prevention, security monitoring, and improving service reliability.
• Legal obligation: Retaining billing records as required by tax and financial regulations.

3. How We Use Your Information

• To authenticate you and manage your account
• To process video, image, and audio generation requests via third-party AI services
• To charge and manage your subscription payments
• To send transactional emails: generation completion notifications, billing receipts, and security alerts
• To detect and prevent fraud, abuse, and violations of these Terms
• To comply with applicable legal obligations
• To improve the Service using anonymized, aggregated usage patterns (never identifiable biometrics without opt-in)

4. Data Sharing

We do not sell your personal data. We share data only with:

• Third-party AI service providers strictly as necessary to generate content (see Third-Party Services section). All providers are bound by data processing agreements.
• Infrastructure providers (Supabase, Vercel) that host and operate the platform under data processing agreements.
• Payment processors (LemonSqueezy) for billing — they receive your email and subscription details only.
• Law enforcement or regulators if required by a valid legal process, court order, or to protect against imminent harm. We will notify you of such requests where legally permitted.

5. Data Retention

• Account data: Retained while your account is active and for 90 days after deletion (to process any final billing or disputes).
• Biometric data: Retained only while you use the relevant features. Deleted within 30 days of account deletion or consent withdrawal. We do not retain biometric data beyond 3 years of last use even for active accounts.
• Generated videos and images: Stored for as long as your account is active. Deleted within 30 days of account deletion. You can manually delete content at any time from the dashboard.
• Billing records: Retained for 7 years as required by applicable tax and financial regulations.
• Usage/analytics data: Anonymized and retained indefinitely in aggregate form; identifiable usage logs retained for 12 months.

6. Your Rights

Depending on your jurisdiction, you have the following rights:

• Access: Request a copy of your personal data we hold.
• Correction: Request correction of inaccurate data.
• Deletion (Right to be Forgotten): Request deletion of your personal data, including biometric data.
• Portability: Receive your data in a structured, machine-readable format (GDPR/CCPA).
• Restriction: Request that we stop processing certain data while a dispute is resolved (GDPR).
• Objection: Object to processing based on legitimate interests (GDPR).
• Withdraw consent: Withdraw biometric consent at any time without affecting prior processing.
• Non-discrimination (CCPA): California residents will not be denied service or charged different prices for exercising privacy rights.
• Opt out of sale/sharing (CCPA): We do not sell or share personal data, so no opt-out is required, but you may contact us to confirm.

To exercise any of these rights, contact privacy@fayce.io. We will respond within 30 days (GDPR) or 45 days (CCPA), and may require identity verification before processing requests.

7. International Data Transfers

Fayce is operated from the United States. By using the Service, you acknowledge that your data — including biometric data — will be transferred to and processed in the United States and potentially other countries where our service providers operate.

For EEA/UK users, transfers outside the EEA are made under Standard Contractual Clauses (SCCs) approved by the European Commission, or equivalent mechanisms. You may request a copy of the applicable transfer mechanism by contacting privacy@fayce.io.

8. Cookies

We use strictly necessary cookies for authentication sessions and CSRF protection. We do not use advertising, tracking, or analytics cookies. No cookie consent banner is required because we only set essential cookies. You can disable cookies in your browser settings, but this will prevent you from logging in to the Service.

9. Security

We implement industry-standard security measures including: encrypted connections (HTTPS/TLS 1.3), hashed passwords (bcrypt), row-level security on our database, and access controls limiting employee access to user data. Biometric data is stored with additional encryption at rest. Despite these measures, no internet-based system is 100% secure. In the event of a data breach affecting your personal data, we will notify you within 72 hours as required by applicable law.

10. Children's Privacy

Fayce is not directed at individuals under 18 years of age. We do not knowingly collect biometric data or any personal information from minors. If you are a parent or guardian and believe your child has used the Service, contact us immediately at privacy@fayce.io and we will delete all associated data promptly.

11. EU/UK Representative

As Fayce serves users in the EEA and UK, we are in the process of appointing an EU representative pursuant to Article 27 of the GDPR. In the meantime, EU and UK data subjects may contact us directly at privacy@fayce.io for all data protection matters. You also have the right to lodge a complaint with your local data protection authority (e.g., the CNIL in France, the ICO in the UK).

What Biometric Data We Collect

• Facial geometry: When you upload a photo of your face, our AI systems (and third-party services such as fal.ai) extract and analyze facial landmarks, proportions, and geometric features to generate consistent AI-rendered images of your likeness.
• Voiceprint: When you upload a voice recording, ElevenLabs processes it to create a voice model that replicates your vocal characteristics for text-to-speech synthesis.

Purpose and Use

Biometric data is collected exclusively to provide the AI avatar and voice synthesis features of the Service. Specifically:

• Face photos are analyzed to generate AI images and videos that depict your likeness
• Voice recordings are used to create a synthesized voice model for narration in generated videos

We do not use biometric data for any other purpose without your separate, explicit consent.

Retention and Destruction Schedule

• Biometric data is retained only for as long as you actively use the relevant features or for a maximum of 3 years from last use, whichever is sooner
• Upon account deletion, biometric data is permanently destroyed within 30 days
• Upon withdrawal of biometric consent (without account deletion), biometric data is destroyed within 30 days — you retain access to non-biometric features
• Third-party providers that processed your biometric data are notified and required to delete it under the terms of our data processing agreements

Disclosure and Third-Party Transmission

Your biometric data (face photos and voice recordings) is transmitted to the following third-party services solely to perform generation tasks. Each provider has contractually agreed to process the data only for the specified purpose and to delete it after processing:

• fal.ai (Nano Banana Pro / OmniGen): Receives face photos to generate AI-rendered images with consistent facial features
• Kling AI: Receives AI-generated image frames to animate them into short video clips
• ElevenLabs: Receives voice recordings to create synthesized voice models
• Supabase: Stores original uploaded photos and voice recordings in encrypted cloud storage as part of platform infrastructure

Biometric data is never sold, leased, or traded. It is never disclosed to marketing companies, data brokers, or any party not listed above.

State-Specific Rights

GDPR — Special Category Data (EU/UK)

Under GDPR Article 9, biometric data processed for the purpose of uniquely identifying a natural person is “special category” data requiring explicit consent. Your explicit consent is obtained at the point of upload. You may withdraw consent at any time by contacting privacy@fayce.io or deleting your account. Withdrawal of consent does not affect the lawfulness of processing that occurred before withdrawal. We maintain a record of your consent as required by GDPR Article 7(1).

Contact for Biometric Data Requests

To submit a biometric data access, deletion, or consent withdrawal request:
Email: privacy@fayce.io
Subject line: “Biometric Data Request”
We will respond within 30 days and may require identity verification.