FacesRemembered

Terms of Service

Last updated: April 2026

1. Acceptance of Terms

"FacesRemembered" (the "Service") is operated by Engagement Marketing Inc. ("we," "us," or "our").

By using FacesRemembered, you agree to these Terms of Service. If you do not agree, please do not use the service.

2. Description of Service

FacesRemembered is a photo labeling service that uses face detection and recognition technology to help families identify and label individuals in photos.

3. Eligibility

You must be at least 18 years old to use this service. By using the service, you represent that you meet this requirement.

3A. Geographic Restrictions

This service is not available to residents of Illinois or Texas. By creating an account you confirm that you are not a resident of Illinois or Texas. This restriction exists due to state-specific biometric privacy laws.

4. Account Registration

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account credentials.

5. Your Photos

You retain all ownership rights to the images you upload. By uploading photos, you grant FacesRemembered a limited license to process those images solely for the purpose of providing the service.

You represent and warrant that you have all necessary rights, permissions, and consents to upload and process all images submitted to the service, including images containing other individuals.

We do not verify the accuracy of any permissions or consents you claim to have obtained.

You are solely responsible for ensuring that you have obtained all necessary permissions and consents from individuals appearing in your photos, and you assume all risks associated with uploading and processing such content.

6. Acceptable Use

You agree not to upload photos that contain illegal content or that you do not have the right to use. You agree not to upload unlawful, harmful, infringing, or otherwise inappropriate content.

You agree NOT to:

6A. Indemnification

You agree to indemnify, defend, and hold harmless FacesRemembered and Engagement Marketing Inc., its officers, directors, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the service, your violation of these Terms, or your violation of any rights of another person or entity, including privacy rights of individuals appearing in photos you upload.

7. Payment and Refunds

All purchases are one-time payments per batch. Payments are processed securely through Stripe.

You are entitled to a full refund if requested within 7 days of purchase. After 7 days, fees are non-refundable except as required by law.

8. Termination

You may cancel your account at any time. We reserve the right to suspend or terminate accounts at our discretion for misuse of the service or violation of these Terms of Service.

9. Service Changes

We reserve the right to modify, suspend, or discontinue the service (or any part of it) at any time without notice. We are not liable for any modification, suspension, or discontinuation of the service.

10. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that face recognition results will be accurate.

11. Limitation of Liability

To the maximum extent permitted by applicable law, FacesRemembered and Engagement Marketing Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or loss of goodwill, arising out of or in connection with your use of the service.

In no event shall our total liability to you exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

12. Privacy

Your use of the service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

13. Accuracy of Face Detection and Labeling

Face detection, recognition, and labeling results provided by FacesRemembered may not be accurate, complete, or reliable. The service may misidentify individuals, fail to detect faces, or apply incorrect labels.

You acknowledge that any labels or identifications generated through the service are for convenience only and should not be relied upon as definitive or authoritative. You agree that you will not rely on the outputs of the service as a sole basis for any decision.

The service is not intended for identification, verification, or any decision-making that could impact an individual's rights, safety, or legal status.

14. Medical Disclaimer

FacesRemembered is not a medical, diagnostic, or therapeutic service. It is not intended to diagnose, treat, cure, or mitigate any medical or cognitive condition, including but not limited to memory loss or dementia.

Any use of the service for personal, family, or caregiving purposes is at your own discretion and risk.

15. Data Storage and Loss

While we take reasonable measures to protect your data, we do not guarantee that your photos or other data will be free from loss, corruption, or deletion.

You are solely responsible for maintaining backups of your original images. FacesRemembered shall not be liable for any loss of data.

16. Dispute Resolution / Arbitration

Any dispute arising out of or relating to these Terms or the service shall be resolved by binding arbitration under the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify.

You waive any right to a jury trial or to participate in a class action lawsuit against FacesRemembered.

16A. Changes to Terms

We may update these Terms from time to time. Continued use of the service after changes become effective constitutes acceptance of the updated Terms.

16B. Entire Agreement

These Terms constitute the entire agreement between you and FacesRemembered regarding the use of the service and supersede any prior agreements or understandings.

16C. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Governing Law

These Terms shall be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions.

18. Contact

For questions about these terms, contact us at: support@facesremembered.com