Terms of Service

Last Updated: 2023-11-12


Welcome to SwapMyFace AI, a web-based Software as a Service (SaaS) offering by Luisiacc LLC that allows users to superimpose faces onto any picture. Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the swapmyface.app website (the "Service") operated by Luisiacc LLC ("us", "we", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Privacy and Data Protection

1.1. User Data: When you upload pictures to our Service, we temporarily process the data to provide the desired result. Once the process is complete, we do not store, save, or retain any images you upload, unless you explicitely selected your images to be stored for later use

1.2. Data Security: We employ industry-standard measures to protect the privacy of your data while it's being processed. However, we cannot guarantee its security. By using our Service, you acknowledge and accept this risk.

2. Use of the Service

2.1. You must be at least 13 years old to use our Service. If you are under 18, you must have permission from a parent or guardian. 2.2. You agree not to use the Service for any unlawful purposes or in a way that is prohibited by these Terms. 2.3. You are responsible for any data charges or fees that you incur when accessing or using the Service.

3. Limitation of Liability

3.1. Luisiacc LLC shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of, or inability to access or use, the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

4. Termination

4.1. We reserve the right to terminate or suspend your access to our Service, without prior notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason.

5. Changes to Terms of Service

5.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

6. Governing Law

6.1. These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions.

7. Content Discretion

You understand that swapping faces between pictures can lead to unexpected or potentially offensive results. You agree to exercise discretion and ensure that the generated content does not harm, offend, or violate the rights of any individual or entity.

8. Credits and Usage

8.1. Credit System: SwapMyFace AI operates on a credit-based system. Users purchase credits, which can then be utilized to access various features within the software, including face-swapping functionalities.

8.2. Purpose of Credits: The charges for credits primarily contribute to covering the operational and infrastructural costs necessary for maintaining our Service. This encompasses expenses for server maintenance, bandwidth, and other necessary resources, as well as the integration of third-party services and technologies essential for the software’s operation, with the exception of indirect AI models used.

8.3. Third-Party Models and Services: Our Service integrates various third-party AI models and software to offer its features. It is important to note that the charges for credits are not direct payments for any specific third-party AI model or software. These charges are levied to support the comprehensive functionality, user experience, and services facilitated by SwapMyFace AI, while also helping to prevent misuse and overuse of the platform by malicious actors.

8.4. Compliance with Licensing Terms: SwapMyFace AI strictly adheres to the licensing terms of all third-party models and software incorporated within our Service. We remind users to ensure that their use of our Service, including its third-party components, complies with these terms and any relevant laws.

8.5. User Responsibility: Users bear responsibility for their use of the Service, ensuring that the consumption of credits for specific functions is in alignment with the licensing agreements of any third-party models and software employed. This responsibility extends to respecting and not infringing upon any intellectual property rights associated with such third-party elements.

9. User-Generated Content

9.1. Responsibility for Use: Users are solely responsible for the images they process using SwapMyFace AI, including any subsequent use or distribution of such images. Our Service acts merely as a facilitator for face-swapping and does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content generated by users.

9.2. Disclaimer of Liability for User Actions: Luisiacc LLC disclaims all liability for any actions taken by users with the content generated using our Service, including but not limited to the distribution, publication, or any form of reuse. We are not responsible for the monitoring or policing of content once it is in the possession of users.

9.3. Compliance with Laws: Users are expected to comply with all applicable laws and regulations in their use of content generated through our Service. This includes respecting intellectual property rights and avoiding defamatory, obscene, or otherwise unlawful content.

10. Intellectual Property Rights

10.1. Respect for Intellectual Property: Users must respect all intellectual property rights when using SwapMyFace AI. This includes not using copyrighted images or content without permission and ensuring that all face-swapping activities do not infringe upon the intellectual property rights of others.

10.2. Ownership of User-Generated Content: Users retain ownership of the original content they upload to SwapMyFace AI. However, by using the Service, users grant Luisiacc LLC a non-exclusive, worldwide, royalty-free license to use, modify, publicly display, and distribute this content as part of providing the Service.

11. Prohibited Uses

11.1. Specific Prohibitions: In addition to avoiding unlawful use, users must not:

  • Use the Service to create defamatory, obscene, threatening, harassing, or otherwise unlawful content.
  • Engage in activities that disrupt or interfere with the Service, including attempting to gain unauthorized access to the Service or related systems.
  • Use the Service to distribute spam, chain letters, or other unsolicited communications.
  • Users are strictly prohibited from uploading, sharing, or processing images that contain nudity, explicit sexual content, or any form of indecent material using SwapMyFace AI. This includes any content that could be considered pornographic or offensive in nature.

Violation of our content policies or engaging in on of the mentioned prohibited uses, including the uploading of inappropriate content as described above, will result in immediate action by Luisiacc LLC. This may include, but is not limited to, the termination of the user’s account, forfeiture of any remaining credits, and ineligibility for refunds. We reserve the right to take legal action against users who violate these content restrictions.

12. Indemnification

12.1. User Indemnification: Users agree to indemnify and hold harmless Luisiacc LLC, its affiliates, officers, agents, employees, and partners from any claim, suit, or action arising from or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

13. Dispute Resolution

13.1. Arbitration Agreement: In the event of a dispute arising from the use of SwapMyFace AI, the parties agree to resolve the dispute through binding arbitration in accordance with 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.

Refund Policy for SwapMyFace

1. General Overview

At SwapMyFace, customer satisfaction is our top priority. We strive to ensure that our services meet your expectations. However, we understand that there may be instances where you might consider seeking a refund.

2. Eligibility for Refund

You may request a refund:

  • Service Issues: If the face swap service provided did not work or encountered technical issues.

  • Accidental Purchases: In cases where an accidental purchase was made, provided that the service has not been used or accessed.

3. Refund Process

To request a refund, follow these steps:

  • Initiate Request: Contact us at [email protected] within 7 days of your purchase.

  • Provide Details: Clearly state the reason for your refund request along with any relevant details.

  • Wait for Evaluation: We will review your request within 3-5 business days. Once approved, the refund will be initiated.

4. Refund Timeframe

Once your refund has been approved:

  • Refunds to credit cards may take up to 5-10 business days to appear on your statement.

  • Refunds through other payment methods will be processed within 3-5 business days.

5. Exclusions

Refunds will not be provided in the following scenarios:

  • Misuse: If the platform was used in a manner against our terms of service.

  • Change of Mind: If you change your mind after using the service.

  • Delays: Delays caused by third-party services, such as payment gateways.

6. Contact

For questions related to refunds or to initiate a refund request, please reach out to:

7. Modifications to the Refund Policy

SwapMyFace reserves the right to modify this Refund Policy at any time. Any changes will be updated on this page. We encourage you to periodically review our policy to stay informed.

Thank you for using SwapMyFace. We appreciate your business and are always here to help.