Terms and Conditions

These Terms and Conditions (these “Terms”) form a binding agreement between you and InfinityLevel (“InfinityLevel,” “we,” “us,” or “our”), the operator of FaceMode. They govern your access to and use of the FaceMode marketing site at facemode.io, the console at console.facemode.io, and the API at api.facemode.io (together, the “Service”).

By creating an account, generating an API key, purchasing credits, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree to these Terms, do not use the Service.

FaceMode is real-time AI avatar service for developers. You send audio to the FaceMode API; FaceMode renders avatar video in real time and publishes that video into a WebRTC room that you operate - for example, a LiveKit or Daily.co room - where your own application and participants subscribe to it.

FaceMode provides the rendering service, the REST API, and the console used to manage your account, API keys, avatars, usage, and billing. Your WebRTC rooms, your applications, and the downstream experience you build for your end users remain under your control and are governed by your own agreements with your streaming provider. We may update, improve, or modify the Service from time to time.

You must be legally capable of entering into a binding agreement to use the Service. Access to the console requires an account; sign-in is handled by Clerk, a third-party identity provider. Your account holds your name and email address, and you agree to keep that information accurate and up to date.

You can edit your name and delete your account yourself at any time from the Profile page in the console. You are responsible for all activity that occurs under your account and for maintaining the security of your sign-in credentials.

You can create, revoke, and delete API keys in the console. API keys authenticate calls to the FaceMode API, and all activity performed with your keys is attributed to - and is the responsibility of - your account.

Treat your API keys as confidential credentials: store them securely, do not embed them in client-side code or public repositories, and do not share them with anyone who should not act on your behalf. If a key may have been compromised, revoke it in the console and issue a new one promptly. We may disable keys or suspend API access where we reasonably suspect abuse, unauthorized use, or a breach of these Terms.

FaceMode uses prepaid credits:

• Credits are sold in one-time packs starting at $5 USD, at a rate of $1 USD per 100 credits.
• Credits never expire. There are no subscriptions and no auto-renewal - you purchase only what you choose, when you choose.
• Credits are spent per second of streamed avatar video, as recorded by the Service.

All prices are stated in US dollars, and you authorize us to charge the amount shown at checkout. Checkout collects your billing name, billing email, and card details; however, only the USD amount of the purchase is sent to FaceMode’s API - your card number is never transmitted to or stored on FaceMode’s servers.

Except where required by applicable law, credit purchases are final and non-refundable.

Each streaming session is recorded with its status, start and end times, duration in seconds, and the credits consumed. These records are shown on the usage dashboard in the console, which is the authoritative record of your spend. You are responsible for monitoring your usage and remaining credit balance.

Invoices for your credit purchases are viewable in the console. If you believe a charge or usage record is incorrect, contact us through our contact page so we can review it.

You agree not to use the Service to create, transmit, or distribute content or activity that:

• is unlawful, harmful, defamatory, harassing, or infringing;
• is deceptive or misleading - including avatars or synthetic media used to impersonate a person, defraud others, or misrepresent identity without consent or clear disclosure;
• uses the likeness, image, or voice of any individual without the rights or consents required by law, including publicity and personality rights;
• interferes with or disrupts the Service, circumvents its controls, or probes its vulnerabilities without authorization;
• resells, shares, or brokers access to your account or API keys contrary to these Terms; or
• otherwise violates applicable law or the rights of any third party.

We may investigate suspected violations and may suspend or terminate access, remove content, or disable API keys where we reasonably believe this policy has been violated.

“Customer Content” means the material you submit to the Service - including the avatar images you upload in JPEG, PNG, or WebP format. You retain all ownership of your Customer Content; these Terms do not transfer it to us.

You grant FaceMode a limited, non-exclusive, worldwide license to host, process, transmit, and display your Customer Content solely as needed to operate and provide the Service to you. You can update, download, or delete your avatar images at any time in the console.

You represent and warrant that you own or have obtained all rights, licenses, and consents necessary for the Customer Content you submit - including the consent of any person whose likeness appears in it - and that its use in connection with the Service does not violate these Terms or applicable law. We may remove Customer Content that violates these Terms.

The Service - including the FaceMode name, branding, software, documentation, and the console and marketing sites - is owned by InfinityLevel and protected by intellectual property laws. These Terms grant you no rights in the Service other than the limited right to access and use it as described here.

If you send us feedback, ideas, or suggestions about the Service, we may use them without restriction or obligation to you.

The Service relies on and interoperates with third-party services. Sign-in is provided by Clerk; our applications may report errors to Sentry for monitoring; and avatar video is delivered into WebRTC rooms operated by your own streaming provider, such as LiveKit or Daily.co.

Third-party services are governed by their own terms and privacy policies, and your relationships with them - including your streaming provider and everything that happens inside your rooms - are between you and those providers. We are not responsible for the acts, omissions, availability, or practices of third-party services.

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, InfinityLevel disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that generated avatar video or other output will meet your requirements or be suitable for any particular downstream use. You are responsible for evaluating the output of the Service for your purposes and for how you deploy it to your end users.

To the maximum extent permitted by law, InfinityLevel will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to these Terms or the Service - even if advised of the possibility of such damages.

Our aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of the amounts you paid us for credits in the twelve (12) months preceding the event giving rise to the claim, or one hundred US dollars ($100). Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless InfinityLevel and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to your Customer Content, your use of the Service, the avatar video generated for you and how you deploy it, or your breach of these Terms or violation of any law or third-party right.

You may stop using the Service at any time and can delete your account yourself from the Profile page in the console. We may suspend or terminate your access to the Service - including your API keys - if you breach these Terms, if we reasonably believe your use creates risk or harm for us or others, or where required by law.

Upon termination, your right to use the Service ends and your API keys are revoked. Termination does not entitle you to a refund of unused credits except where required by law. Provisions that by their nature should survive - including intellectual property, disclaimers, limitation of liability, indemnification, and governing law - survive termination.

We may update these Terms from time to time. When we do, we will post the revised version on this page and update the “Last updated” date above. For material changes, we will make reasonable efforts to provide additional notice, for example through the console or the email address on your account.

Your continued use of the Service after an update takes effect constitutes acceptance of the revised Terms. If you do not agree to an update, stop using the Service and delete your account.

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of India, without regard to conflict-of-law principles, and the courts of India will have exclusive venue except where applicable law provides otherwise.

Questions about these Terms or the Service can be directed to us at support@facemode.io.