Faceter App Terms of Use

These Terms of Use govern the terms of your access and use of Faceter mobile and/or web application (the "App") and the services provided by means of the App, and constitute your legal agreement with us.

You should read these Terms carefully before you use the App.

BY CLICKING "CONTINUE" OR BY USING THE APP YOU AGREE TO THESE TERMS OF USE and to receive information about our offers, confirmations, updates and security alerts from us.

If you are an individual, then you must be at least 18 years old or have attained the age of majority in the state, province or country where you live to enter into this agreement, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to use the App.

If you are accepting these Terms of Use on behalf of another person, you represent and warrant that you have full authority to act for and to bind that person to these Terms of Use.

1. Definitions

"Terms", "Terms of Use" mean these Faceter App Terms of Use. Your use of certain services may have different terms of use. If there is a conflict between such terms of use and these Terms, the former terms of use will prevail with respect to your use of such specific services.

"We", "us", "Faceter" means Faceter South Africa (PTY) Ltd., a South African company located at Aberdeen Str. Clubview, Centurion, Gauteng, 0157, RSA.

"You" means an individual using the App.

"App" means our Android or iOS application for Mobile Devices, or a web application, including any Services, upgrades, modified or subsequent versions, updates, or error corrections provided by us.

"Mobile Device" means mobile devices (mobile phones, smartphones or tablets) that you own and control.

"Service", "Services" means services accessible through the App, including viewing and editing live or recorded video received from Cameras.

"Video Content" means made available to you through the App video streaming content, video, audio or image files or other content or information from Cameras.

"Camera" means your or third-party video camera, which Video Content is accessible via the App (e.g. public CCTV cameras or cameras to which you have been provided legitimate access by a third party).

"Sensitive Data" means any (i) categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical or other protected health information regulated by HIPAA; (iii) credit, debit or other payment card data subject to PCI DSS; (iv) other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (v) social security numbers, driver’s license numbers or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations.

2. Registration

You will be asked for your mobile phone number during your registration and account setup process.

You agree that you will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. You may not use phone numbers not owned by you or you are not authorized to use.

You agree that you would like to receive information about our offers, confirmations, updates and security alerts from us. We will stop sending you such communications upon your request, which can be sent to our support team.

3. License to Use the App

Ownership. We or our licensors own all right, title and interest, including all worldwide intellectual property rights in the App and the trademarks, service marks and logos contained therein, other than Video Content.

License Grant. Subject to your compliance with these Terms, we grant you limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to install a copy of the App onto your Device and run it solely for your internal personal use.

The copies of the App are licensed, not sold, to you.

You will comply with any technical restrictions in the App that allow you to use the App only in certain ways.

Permitted Use. Subject to your compliance with these Terms, you may access and use the App for your own personal non-commercial use. Any commercial use of the App requires our prior written consent.

Updates and Upgrades. We are not obligated to maintain or support the App, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time at our sole discretion issue updates or upgrades to the App, and may automatically update or upgrade the version of the App that you are using on your Device. You consent to such automatic updating or upgrading on your Device, and agree that these Terms will apply to all such updates or upgrades.

Supported Devices. You agree that we have no obligation to support any particular make or model of handset, cell phone, smartphone, tablet or any other Device whether or not such make or model is currently or was previously supported by us.

Location-based Services. Some features of the App may utilize GPS and Wi-Fi technology in order to determine your position. Certain Services may not be provided without utilizing this technology and you agree to us using this technology.

Network Fees. To use the App you will require Internet connectivity. We shall not have any responsibility or liability for any internet, phone, mobile service or other costs you may incur in this regard.

4. Your Obligations; License and Use Restrictions

You agree that you will not do any of the following while using or accessing the App:

  • Copy, reproduce, modify, adapt, prepare derivative works based on the App, including, but not limited to adding new features or otherwise making adaptations that alter the functioning of the App.
  • Perform, display, publish, distribute, transmit, broadcast, or otherwise exploit the App.
  • Transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the App to any third party.
  • Make the functionality of the App available to multiple users through any means, including, but not limited to distribution of the App or by uploading the App to a network or file-sharing service or through any hosting, application services provider or any other type of service.
  • Disassemble, decompile or reverse engineer the App, in whole or in part, or permit or authorize a third party to do so.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software included into or used to provide the App, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
  • Delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the App as delivered to you.
  • Circumvent, disable or otherwise interfere with security related features of the App, or features that prevent or restrict use or copying of Video Content.
  • Attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting the App or Video Content.
  • Collect or store personal data that may be obtained through the App without the express permission of the data subjects or in compliance with any applicable data protection laws.
  • Submit or allow to submit to the App or use the App to collect any Sensitive Data.
  • Impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud.
  • Use the App in a commercial manner.
  • Use the App in any manner not permitted by these Terms.
  • Arrange or facilitate streaming of any Video Content that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in our opinion.
  • Arrange or facilitate streaming of any Video Content:

    - to which you do not have the lawful right to copy, transmit and display (including any Video Content that would violate any confidentiality or fiduciary obligations that you might have with respect to this Video Content);

    - for which you do not have the consent or permission of each identifiable person in the Video Content to use the name, voice, signature, photograph, or likeness of each such person and such consent or permission is necessary; and

    - that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity), or otherwise violates or promotes the violation of the rights of any third party.

  • Encourage or instruct any other individual or entity to do any of the foregoing or to violate any of these Terms.

5. Video Content

We do not own or manage Cameras and Video Content. You should follow the terms of Camera and/or Video Content use set out by the respective Camera or Video Content owner.

We do not provide you with Cameras or other equipment to access Services provided through the App.

The App, Cameras and Video Content may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws and regulations, as well as the terms and conditions set by the Camera or Video Content owners in connection with your use of the App, Cameras and Video Content.

You are solely responsible for controlling, maintaining and protecting all data and information that you access, store or make available, or that is otherwise processed, through the App.

License Grant. By arranging of streaming of any Video Content via the App, you hereby grant to us a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such Video Content to the extent and for the purposes strictly necessary to provide the App and Services through the App.

Your Representations. YOU REPRESENT AND WARRANT THAT NEITHER VIDEO CONTENT NOR ARRANGING OF ITS STREAMING BY YOU, OR US EXERCISING OUR RIGHTS TO VIDEO CONTENT IN ACCORDANCE WITH THESE TERMS OF USE ON, THROUGH OR BY MEANS OF THE APP WILL INFRINGE, MISAPPROPRIATE OR VIOLATE A THIRD PARTY'S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, MORAL RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY, OR RESULT IN THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION.

Limitations. You acknowledge and agree that we may, at our option, establish usage limits in relation to Video Content.

Our Disclaimer. We have no ability to control Cameras or Video Content that is transmitted using the App and do not have any obligation to monitor such Cameras or Video Content for any purpose and, as a result, we are not responsible for the accuracy, completeness, appropriateness, legality or applicability of any Video Content, or Camera accessibility.

Right to Remove Video Content. We reserve the right to restrict streaming and/or access to any Video Content, or to remove and permanently delete any Video Content without notice.

6. iOS Specific Terms

This Section of the Terms governs exclusively the terms and conditions that must be defined to exclude and disclaim Apple Inc. relation to our App for iOS (downloaded from the Apple iTunes Store). All other matters between you and us are governed in other Sections of these Terms.

Use on Apple Devices. You can only use the App for iOS on an Apple-branded Device.

You understand that your installation, access to or use of the App for iOS is also bound by the terms and conditions implemented by Apple Inc.

Acknowledgement. We and you acknowledge that these Terms are concluded between us and you only, and not with Apple. We, not Apple, are responsible for the App. We and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App for iOS.

Warranty. In the event of any failure of the App for iOS to conform to any applicable warranty, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App for iOS except for refunding the purchase price for the App for iOS to you. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall not be addressed to Apple.

Product Claims. We and you acknowledge that Apple is not responsible for addressing of your or any third party’s claims relating to the App for iOS or your possession and/or use of that App, including, but not limited to:

  • Product liability claims;
  • Any claim that the App for iOS fails to conform to any applicable legal or regulatory requirement; and
  • Claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights. We and you acknowledge that, in the event of any third-party claim that the App for iOS or your possession and use of the App for iOS infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Third Party Beneficiary. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

7. Disclaimer of Warranties

Your use of the App, Cameras or Video Content and any other information made available through the App is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.

The App and all materials, information, products and Services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APP, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

We disclaim any warranties:

  • Regarding the security, accuracy, reliability, timeliness and performance of the App.
  • That the App will be error-free or that any errors will be corrected.
  • That the App will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Compatibility. We do not warrant that the App will be compatible with all hardware and software which you may use or which may exist or will exist in the future.

Third Parties Hardware and Content. We are not responsible for:

  • Cameras, Video Content or any other hardware, content or services that you access using the App.
  • The availability, performance, functionality or any consequences of your use of any third parties’ components, software, modules built into or otherwise integrated and available through the App.

8. Limitation of Liability

IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, CAMERAS, VIDEO CONTENT OR ANY OTHER HARDWARE, CONTENT OR SERVICES THAT YOU ACCESS USING THE APP WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE MAXIMUM AGGREGATE LIABILITY OF US TO YOU IN RELATION TO ANY PAID SERVICES (WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE) SHALL, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOT EXCEED THE TOTAL AMOUNT OF THE FEES PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO THE LIABILITY, WHICH IS AN AGGREGATE LIMIT THAT WILL NOT INCREASE ACCORDING TO THE NUMBER OF CLAIMS BROUGHT BY YOU. IF NO FEES HAVE BEEN PAID BY YOU, YOU SHALL NOT BE ENTITLED TO ANY DAMAGES OF ANY KIND.

THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

9. Indemnification

You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and our and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

  • Your access to or use (or misuse) of the App, Cameras, Video Content or any other hardware, content or services that you access using the App.
  • Your violation of these Terms.
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
  • Any claim that your Cameras, Video Content or any of your actions caused damage to a third party.

10. External Links

The App may contain links to third-party websites or advertisements that provide links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse such websites or resources or the content, products, or services on or available from such websites or resources. When you click on an ad, follow a link, or engage with a third-party service, website, resource you are interacting with the third party, not with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, products, content, promotions services or resources.

11. Your Feedback

If you choose to communicate to us any feedback, ideas or suggestions for improvement of the App, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third-party right.

12. Modifications

We reserve the right, at our sole discretion:

  • To modify or revise these Terms at any time by posting the amended Terms. Please check the most current Terms to ensure that you are aware of all the terms governing your use of the App.
  • To make changes, update or discontinue the App or any format, feature or functionality thereof at any time with or without notifying you.
  • To terminate or restrict access to the App for any reason whatsoever.

Your continued use of the App after a change or update has been made will constitute your acceptance to the revised Terms of Use. If you do not agree with the modifications, please discontinue use of the App immediately and cancel the account you have opened with us.

These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.

13. Termination and Account Cancellation

You may terminate these Terms at any time by ceasing to use the App.

Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the App, and/or may remove any of your Camera and/or Video Content at any time if:

  • You violate any term of these Terms of Use.
  • You infringe proprietary rights, rights of privacy, or intellectual property rights of any person, business or organization.
  • You engaged in other actions relating to the App that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other users, us, any other third parties or for the App.
  • It is required by applicable law.
  • We cease offering the Services and/or discontinued the App.

Notwithstanding the foregoing, we also reserve the right to terminate the App or cancel your account at any time and for any reason.

Upon termination of these Terms all licenses and rights to use the App shall immediately terminate. Upon any termination you must cease all use of the App and promptly delete all copies, full or partial, of the App.

Upon any termination your account and Video Content will no longer be accessible. We will have no obligation to maintain any information and Video Content stored in our database related to your account or to forward any information to you or any third party.

Any suspension or termination of these Terms will not affect your obligations to us under these Terms, including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, which reasonably are intended to survive such suspension or termination.

14. Jurisdiction

Choice of Law. You agree that the laws of the Republic of South Africa govern these Terms of Use, their subject matter, the relationship between you and us, any action related to these Terms, and any claim or dispute it may arise, without regard to the conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

Location for Resolving Disputes. You further agree that any disputes or claims related to these Terms of Use will be resolved by state courts located in the Republic of South Africa, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS, YOU ARE:

  • WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.
  • IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE COURTS LOCATED IN THE REPUBLIC OF SOUTH AFRICA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US.
  • SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Nothing in this Section shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the laws of such other jurisdiction.

15. General

Privacy Policy. Please refer to our Privacy Policy, which is incorporated by reference into these Terms, and which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the App, you signify your agreement to this Privacy Policy.

U.S. Government End Users. The App and related documentation are "commercial items" as that term is defined in FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If a copy of the App and related documentation is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the App and related documentation will be only those specified in these Terms.

Export Control. You may not use, export, re-export, import, or transfer the App except as authorized by United States law, the laws of the jurisdiction in which you obtained the App, and any other applicable laws. In particular, but without limitation, the App may not be exported or re-exported:

  • Into any United States embargoed countries, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
  • To anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.

By using the App, you represent and warrant that you are not located in any such country or on any such list. You also will not use the App for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

Force Majeure. We will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by telecommunications providers and unrelated to our infrastructure or connectivity to the Internet, or failure at our co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues.

Right to Contact. We reserve the right to contact you in order to evaluate compliance with the rules and policies in these Terms. You will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity.

For purposes of service messages and notices about the App we may send you text messages to a phone number associated with your account.

Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:

  • Via text message (to the phone number that you provide during registration), or
  • By posting within the App.

Consent to Receive Communications in Electronic Form. For contractual purposes, you:

  • Consent to receive communications from us in an electronic form; and
  • Agree that the Terms and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

No Assignment. You will not assign this agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void.

We may assign this agreement or any rights hereunder without your consent.

No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.

Severability and Integration. These Terms of Use constitutes the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Questions. We will attempt to help you with any queries or problems that you may have with the App. To reach our team, please email us at mobile.support@faceter.io.

Last updated: July 3, 2019