Legal
Last updated: January 2026
TABLE OF CONTENTS
MxFace ('we', 'us' and/or 'our') website at www.mxface.ai (the 'Site'), the MxFace application programming interface ('MxFace API'), the MxFace software development kit ('MxFace SDK'), and all other content, products and services provided by MxFace, in any manner, including but not limited to, visiting or browsing the Site or contributing content, information and/or other materials to the Site (collectively, the 'Services') are provided to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the 'Terms'). By signing up using or subscribing to an MxFace account, or otherwise using the Services in any manner, you agree to be bound by these Terms of Service, and our Privacy Policy, which describes how we collect, use, and share your information, found at 'Privacy Policy'.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. PLEASE NOTE THAT THESE TERMS INCLUDE A CLASS ACTION WAIVER, A JURY WAIVER AND AN ARBITRATION AGREEMENT, AS WELL AS AN INDEMNIFICATION BY YOU. THESE TERMS ALSO DESCRIBE THE METHOD IN WHICH YOU MAY OPT-OUT OF THE ARBITRATION AGREEMENT.
'Authorized User' shall mean an individual Subscriber at the premises, members, employees, temporary employees, and independent contractors of an organization who is the Subscriber to the Service who have been added to the account as users.
'Subscriber' shall refer to the purchaser of the Services provided by MxFace and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who held such authority to act on your behalf.
MxFace may, at its sole discretion, change these Terms from time to time. If changes to the Terms occur, we will notify Subscriber by posting the updated terms on the site or via email. It is Subscriber's responsibility to check the Terms periodically for changes. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Significant changes will go into effect no less than 30 days after we notify you. Subscriber's continued use of the Services following the effective date of any changes to the Terms means Subscriber accepts those new terms.
MxFace is a facial recognition technology service used for any purpose. The Services are made available for Subscriber's internal business use.
Subscriber is only permitted to access and use the Service if Subscriber is an Authorized User. Authorized Users are required to provide their full legal name, a valid email address, and other information reasonably requested by the Service.
Each Authorized User will be provided with a unique identifier to access and use the Service ('Username'). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.
The initial Administrator shall be the originating Subscriber with authority to administer the subscription and designate additional Authorized Users and/or Administrators. Each subscription may designate multiple Authorized Users as Administrator. Any Administrator shall be deemed to have the authority to manage the subscription and any Authorized Users. The Administrator will deactivate an active username if the Administrator wishes to terminate access to the Service for any Authorized User.
Administrators are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service. If an Administrator discovers any unauthorized use of an Authorized User's account, or other known account-related security breach, Administrator must report it to MxFace immediately.
MxFace cannot and will not be liable for any loss or damage arising from Subscriber's failure to comply with this section.
Authorized Users must be at least 18 years of age to register for an account.
MxFace reserves the right to change, limit, suspend or discontinue the Services (including, but not limited to, the availability of any feature, database or Content) at any time for any reason. Subscriber agrees that MxFace shall not be liable to Subscriber or to any third party for any modification, suspension, or discontinuation of the Services. You acknowledge that updates and modifications may adversely impact how you access, use, and communicate with the MxFace API. If any change is unacceptable to you, then your only recourse is to cease all use of the MxFace API. Your continued access or use of the MxFace API will mean that you agree to the updates and modifications.
The network operating system and software of your web servers, database, and computer systems must be properly configured to securely operate your services and store data. You must promptly report any security deficiencies in, or introduce any vulnerability into, the MxFace API to MxFace via email using our contact form. If you know or should have reasonably known of any unauthorized access, use, disclosure or destruction of user data, you will work with MxFace to remediate correctly and promptly, and any resulting or intervening breach of any security deficiency or intrusion involving the MxFace API. You will make no public statements regarding such deficiencies or intrusions without prior written and express permission from MxFace in each instance.
Subject to the terms and conditions of this Agreement, MxFace hereby grants Subscriber a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of the Agreement, to use the Services (including the Site or the MxFace API) solely for the purpose of utilizing facial recognition technology. All rights not expressly granted to Subscriber are reserved by MxFace, and all modifications or enhancements to the Services remain the sole property of MxFace. MxFace reserves the right to add additional features or functions to the Services.
As a condition of use, Subscriber promises not to use the Services for any purpose that is prohibited by the Terms or law. Subscriber shall not, and shall not allow any other party to:
MxFace reserves the right to deactivate or otherwise restrict Subscriber from accessing or using the Services in the event of a violation or alleged violation of the Terms. MxFace's disparagement of MxFace or any of its affiliates, or Subscriber's acts that cause harm to MxFace or its Subscribers is also a violation of this section. MxFace reserves the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
MxFace also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to:
MxFace charges for subscriptions to utilize the facial recognition technology, when Subscriber uses a service that has not been previously agreed to be free with no charge for the use of the Services. Subscriber agrees to pay all fees and charges incurred in connection with their account on the basis of MxFace's fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Subscriber must provide MxFace with a valid credit card ('Payment Method') as a condition to signing up for the Service.
MxFace has the ability to terminate Subscriber's account at any time, or for any reason, or for no reason at all. Notwithstanding the foregoing, Subscriber may still be charged fees for outstanding payment obligations. Correspondingly, MxFace can terminate or delete a Subscriber's account should MxFace have a reasonable suspicion of illegal, fraudulent, or abusive activity on the part of Subscriber, or for Subscriber's material breach of these Terms.
Following termination of Subscriber's account, MxFace continues to have the ability to enforce this Agreement. MxFace reserves the right to seek all remedies available under law and equity for violations of these Terms, including but not limited to the right to withhold all funds associated with Subscriber's use of the Service.
Upon termination of Subscriber's account for any reason, Subscriber's right to use the Content, Services, and Site immediately cease. MxFace is not obligated to retain any data related to Subscriber's account after termination.
The Services may permit Subscriber to link to other websites or resources on the internet, and other sites may link to the Service. When Subscriber accesses third party websites, Subscriber does so at Subscriber's own risk. These other websites are not under MxFace's control, and Subscriber acknowledges that MxFace is not responsible or liable for the content, function, accuracy, legality, appropriateness or any other aspect of such websites or resources.
Through the Site, email, websites, and other media, the Services make accessible various content, including but not limited to, videos, photographs, images, graphics, audio clips, comments, data, text, software, code, computer software, page layout, functional and organizational elements of the Content ('Content'). Subscribers of the Service may have the ability to contribute content in the Service. Subscriber also agrees not to change, translate, or otherwise create derivative works based upon material accessible in the Service.
MxFace Content is protected in many ways, including copyrights, trademarks, service marks, trade dress, patents, and other proprietary rights and laws. Subscriber agrees to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of MxFace, or, if such property is not owned by MxFace, the owner of such intellectual property or proprietary rights.
MxFace respects the intellectual property rights of others and expects Subscribers of the Services to do the same. In accordance with the Copyright Act, 1957, MxFace will respond expeditiously to claims of copyright infringement on the Service if submitted to the copyright agent identified below.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to our copyright agent, with the subject line 'Copyright Infringement,' and include in your claim a detailed description of the alleged infringement as detailed in the requirements below.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright. Accordingly, if you are not sure whether Content available online infringes your copyright, we suggest that you first contact an attorney.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
MxFace will use commercially reasonable efforts to keep the Service operational. However, there are many things that could cause interruption to the Service, including but not limited to technical failures, natural disasters, sabotage, and even planned upgrades or edits to the Service. Subscriber agrees that MxFace has no control over the availability of the Service on a continuous or uninterrupted basis. MxFace shall not be liable in any way for Service interruptions.
MxFace is an evolving service, and MxFace will occasionally make changes to the MxFace API, including backwards incompatible ones. Subscriber is entirely responsible for ensuring that Subscriber's use of the MxFace API remains compliant with the MxFace API and this Agreement.
Your use of the site, services and the materials contained therein provided via the site or mxface api is at your sole risk.The site, services, and content are provided on an 'as is' and 'as available' basis without any warranties of any kind, either express or implied.Neither mxface nor any person associated with mxface makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services.
To the maximum extent permitted by applicable law, in no event will mxface, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, or any content on the site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Please read this section carefully as it affects your rights and will have a substantial impact on how claims you and mxface have against each other are resolved.
You agree that: (i) the Service shall be deemed solely based in India; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over MxFace, either specific or general, in jurisdictions other than India.
For any dispute with MxFace, you agree to first contact us at sales@mxface.ai and attempt to resolve the dispute with us informally. In the unlikely event that MxFace has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement, by binding arbitration in Ahmedabad, Gujarat, India, by an arbitrator mutually agreed upon by both parties.
Your enrollment in and use of the Service constitutes your agreement and intent to be legally bound by all disclosures, notifications, agreements and other communication regarding your use of the Service that we provide to you electronically ('Communications'). You agree that we may provide the Communications to you in electronic form, and that electronic form satisfies any legal requirement that the Communications be in writing.
You agree to release, indemnify and hold MxFace and its affiliates, and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site, any Content you submit, post to or transmit through the Site, your violation of these Terms of Service, or your violation of any rights of another.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MxFace without restriction or notification to Subscriber.
You and MxFace are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Under these Terms, MxFace may give notice by means of a general notice on the Service, electronic mail to your email address on record in MxFace's account information, or by written communication sent by first class mail or pre-paid post to your address on record in MxFace's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
MxFace makes no representation that the material contained on the Services is appropriate or available for use in all geographic locations. Access to the Services from territories where such access is illegal is prohibited. Subscribers who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree that: (i) the Service shall be deemed solely based in India; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over MxFace, either specific or general, in jurisdictions other than India. These Terms of Service shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles.
This Agreement is the entire agreement between you and MxFace with respect to the Service, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MxFace with respect to the Service. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGEMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
If you have any questions about these Terms, please contact us at sales@mxface.ai.
