Terms of Service

Invictan Corp. · Last Updated: October 20, 2026

These Terms are subject to change. The date above shows when they last changed, and Section 21 explains how changes work.

Please read these Terms carefully. Section 16 requires you and us to resolve most disputes by final and binding individual arbitration instead of in court, and you and we each give up the right to a jury trial and to bring or take part in a class action. You can opt out of arbitration within 30 days of first accepting these Terms (Section 16.11).

FaceMorphs is a cosmetic and entertainment tool, not medical advice (Section 2). Sections 13 and 14 limit our responsibility to you.

These Terms of Service ("Terms") are a legal agreement between you and Invictan Corp. ("Invictan," "we," "us" or "our"). They govern your use of the FaceMorphs mobile application (the "App"), the website at facemorphs.com (the "Site"), FaceMorphs Pro, and all other features, content, software and services we provide through them (together, the "Services").

You accept these Terms when you tap or click a button or box shown next to a statement that you agree to them, when you create an account, when you start a free trial or buy a subscription, or when you otherwise use the Services, whichever happens first. If you do not agree to these Terms, do not use the Services.

Our Privacy Policy explains how we collect and use personal data, including Face Data. It is part of these Terms. Additional terms shown to you when you buy something or use a particular feature, such as the price and billing terms shown before you subscribe or the consent screen for Harmon training uploads, are also part of these Terms. If they conflict with these Terms, the additional terms control for that purchase or feature.

1. Who may use FaceMorphs

1.1 Minimum age. You must be at least 13 years old to use the Services. If you are under 18, or under the age of majority where you live, you may use the Services only if your parent or legal guardian has reviewed and agreed to these Terms for you. A parent or guardian who allows a minor to use the Services agrees to these Terms on the minor's behalf and is responsible for the minor's use of the Services, including any purchases.

1.2 Harmon training uploads. Only people aged 18 or older may send Harmon training uploads (Section 6).

1.3 Legal eligibility. You may not use the Services if the law of the United States or any other applicable country prohibits you from doing so (see Section 19), or if we have previously suspended or ended your access, unless we agree in writing.

1.4 Accurate information. The information you give us or enter in the App, including your date of birth, must be true and accurate.

2. What FaceMorphs is, and is not

2.1 A cosmetic and entertainment tool. FaceMorphs measures facial proportions, compares them with reference values, scores them, suggests looks, and lets you edit photos and videos. The Services are intended for cosmetic, creative and entertainment purposes only.

2.2 Not medical or professional advice. The Services are not a medical device and do not provide medical, surgical, dental, dermatological, psychological or any other professional advice, diagnosis or treatment. Nothing in the Services is a recommendation to undergo, avoid or change any surgery, procedure, treatment, product, diet or exercise. Always consult a qualified professional before making any decision about your health or appearance, and never disregard professional advice or delay seeking it because of something you saw in the Services.

2.3 Scores and ideals are opinions, not facts. Measurements, ratios, scores, ratings, ideals, reference values, suggested looks and edited images are aesthetic references based on conventions and on our own methods. They are not objective, scientific or medical standards, they do not measure your health, worth or attractiveness, and other people, including professionals, may disagree with them. An edited image is not a prediction or promise of what any procedure or treatment would achieve.

2.4 Results vary. Results depend on lighting, camera angle, distance, image quality, expression, hair, accessories and other factors. Measurements and scores may be inaccurate, may differ between scans of the same face, and may be less accurate for some faces than for others. Edits are made by automated tools and may change features you did not intend to change. Review every result before you rely on it or share it.

2.5 Your wellbeing. Tools focused on appearance can affect how people feel about themselves. If using the Services makes you feel anxious or distressed about how you look, stop using them and consider talking to someone you trust or to a health professional. If you are in crisis in the United States, you can call or text 988 to reach the 988 Suicide & Crisis Lifeline.

3. Your account

3.1 Creating an account. Some features, including subscribing on the Site, need an account. You can sign in using the methods we offer, such as Sign in with Apple, Sign in with Google or a code sent to your email address. You must give us accurate information and keep it up to date.

3.2 Keeping it secure. You are responsible for keeping your devices, email and sign-in methods secure, and for all activity under your account. Do not share your account or let anyone else use it. Your account can be signed in on up to two phones at a time; signing in on a third phone signs out the phone that signed in longest ago. Tell us promptly at support@facemorphs.com if you believe someone has used your account without your permission.

3.3 Deleting your account. You can delete your account at any time in the App under Settings → Account → Delete account. The Privacy Policy describes what deletion removes. Deleting your account ends any subscription you bought on the Site right away, and the unused part of the period you paid for is not refunded (Section 4.6). It does not cancel an App Store subscription, which you must cancel through Apple. Deleting the App does not delete your account or cancel any subscription.

3.4 If your Apple Account is deleted. If Apple tells us that the Apple Account you used with Sign in with Apple was deleted, and that was your only way to sign in (your account has no email address of your own that you can sign in with), nobody can sign in to your account again, so we delete it as if you had deleted it, except that we refund the unused part of any Site subscription, in proportion to the time left in the period you paid for (Section 12.3). If you only stop using Sign in with Apple with FaceMorphs, we sign you out everywhere and keep your account.

4. Subscriptions, free trials and payment

4.1 FaceMorphs Pro. Some features are available only with a paid, automatically renewing subscription ("Pro"). The features, price, billing period and any free trial are shown before you buy. We may change which features are free and which need Pro. On the date at the top of these Terms, Pro in the United States is:

Yearly: US$59.99 a year in the App Store or on the Site, renewing every year until you cancel. Both start with a 3-day free trial if you have not had one before (Section 4.4).
Weekly: US$5.99 a week in the App Store or on the Site, renewing every week until you cancel, with no free trial.

Prices are before any tax (Section 4.8). The price, billing period and free trial shown to you just before you buy are the ones that apply to your purchase; they may differ outside the United States or after a price change (Section 4.7).

4.2 Where you buy. You can buy Pro in the App through Apple's App Store and, if you are in the United States, on the Site, where payments are processed by Stripe. Site purchases are only for payment methods with a billing address in the United States; a Site subscription with a billing address elsewhere is cancelled when it starts, and anything it charged is refunded. App Store purchases are billed by Apple and are also subject to Apple's terms and policies; Apple, not Invictan, handles their billing, cancellation and refunds. When you buy on the Site, you authorize us and Stripe to charge your payment method the price shown, plus any applicable taxes, at the start of your subscription and at the start of each renewal period until you cancel, and you confirm that you are authorized to use that payment method.

4.3 Automatic renewal. Pro renews automatically at the end of each billing period (each week or each year, as you chose) for another period of the same length, and you will be charged the then-current price for that period, until you cancel. You can cancel at any time, online, as described in Section 4.5. When a subscription or free trial on the Site starts, we email you a confirmation with the plan, its price and billing period, these renewal terms, any free trial's end date and what is charged then, and how to cancel. For a yearly subscription on the Site, we also email you a reminder at least 30 days before each renewal. Apple confirms and manages App Store subscriptions.

4.4 Free trials. If your plan begins with a free trial, you will be charged the price shown when the trial ends, and your subscription will then renew as described above, unless you cancel before the trial ends. On the Site, cancelling during the trial ends it right away and you are not charged. For App Store subscriptions, Apple requires you to cancel at least 24 hours before the trial ends. We email you a reminder before a trial on the Site ends, and before a trial in the App Store ends if you are signed in. Each person may receive only one free trial on the Site. We may decline or end a free trial if we reasonably believe it is not that person's first, including where it uses an account, email address or payment card that has already been used for one.

4.5 Canceling. You may cancel at any time. Cancel App Store subscriptions in your Apple Account settings (on iPhone: Settings → your name → Subscriptions). Cancel Site subscriptions online in one step in the App under Settings → Account → Billing, or at facemorphs.com/account/billing, where Stripe confirms your email address and lets you cancel; you can also email support@facemorphs.com from the email address linked to your account. Cancellation takes effect at the end of the current billing period: you keep Pro until then and are not charged again. If you cancel a Site subscription during its free trial, the trial ends right away and you are not charged.

4.6 Refunds. App Store purchases can be refunded only by Apple, under Apple's policies. Except where the law or these Terms say otherwise, payments made on the Site are non-refundable, including for partly used billing periods, unused features and the first charge after a free trial. If you were charged twice or by mistake, contact support@facemorphs.com and we will refund that charge. If one account ends up with more than one Site subscription that would keep billing (including one in a free trial), we keep the oldest and cancel the others, and automatically refund what they charged; if one of them is failing to pay and a newer one pays, we end the failing one instead. A subscription already set to end is not counted. If we refund in full the payment for your current billing period, that subscription ends when the refund is made. If you dispute a Site payment with your bank or card issuer (a chargeback), or your card network reports it as possibly fraudulent, we may refund it, end your subscription, and stop that email address and payment card from buying again or starting another free trial. Sections 3.4, 11.3 and 12.3 describe when we refund unused time if we end the Services or your subscription.

4.7 Price changes. We may change the price of Pro. For a Site subscription, we will email you at least 7 days before a new price applies to it; it applies from your next renewal after the notice. If you do not accept the new price, cancel before it applies. For App Store subscriptions, Apple notifies you and, where Apple requires it, asks for your consent.

4.8 Taxes. Prices on the Site do not currently include sales, use, value-added or similar taxes, and we do not currently charge them. If we start charging a tax on Site purchases, it will be shown before you pay. App Store prices and taxes are set by Apple.

4.9 Failed payments. If we cannot collect a payment for a Site subscription, we may retry the charge and may suspend or end your Pro access until the payment is made.

4.10 Errors. If a price or other term of an offer is shown in error, we may correct it. We will tell you before charging a corrected price, and you may cancel if you do not accept it.

4.11 Promotions and referral codes. Promotional offers, discounts and referral codes are subject to any conditions shown with them, have no cash value, cannot be sold or transferred, and may be changed or withdrawn at any time, except where the law requires otherwise.

5. Your content

5.1 You own your content. "Your Content" means the photos, videos and other images you capture or import, the edits, looks and scans you make, the results the App produces for you, and the information you enter in the App. As between you and Invictan, you own Your Content.

5.2 Content on your device. The App processes Your Content on your device. We do not receive Your Content except the Harmon Training Uploads described in Section 6 and anything you choose to send us, as described in the Privacy Policy, and we claim no rights in Your Content that stays on your device.

5.3 Content you send us. If you send us any of Your Content, for example in a support request, a bug report or feedback, you give us a non-exclusive, worldwide, royalty-free license to store, copy, use and process it only to respond to you, to provide, maintain and secure the Services, and to comply with the law. Harmon training uploads are covered by Section 6 instead.

5.4 Your responsibility. You are solely responsible for Your Content and for how you use, share and publish it, including on other apps and platforms. If the law where you share an edited image requires it to be labeled as edited or retouched (for example, in advertising), you are responsible for labeling it.

5.5 Keep your own copies. The Services are not a storage or backup service. Your Content stays on your device, so it can be lost if you delete the App, clear its data, or lose or reset your device, and we cannot recover it. Keep your own copies of anything you want to keep.

6. Harmon training uploads

6.1 Required at 18 and over. Harmon is the facial analysis model in the App. If you are 18 or older, each Harmon scan you take with the App's camera is sent to us to help improve Harmon ("Harmon Training Uploads"), and your consent to this is a condition of using the App. The App's consent page ("Things you need to know before we start") and Section 3 of the Privacy Policy describe what is sent, how it is used, how long it is kept, where it is stored and how to withdraw, and pressing "Accept and Continue" on that page is your written consent to it. Nothing is sent from users under 18. You can withdraw at any time by turning Help us improve off in Settings or by deleting your account, and we then delete your uploads; after withdrawing, the App cannot be used until you agree again.

6.2 Only your own face. You may send scans of your own face only, and only scans taken with the App's camera are sent. Do not send scans of any other person, including a child. If you send a scan of anyone else, you are breaking these Terms and are responsible for any claim that results (Section 15). If we learn that an upload shows someone other than the person who sent it, or anyone under 18, we will delete it.

6.3 License. When you send Harmon Training Uploads, you give us a non-exclusive, worldwide, royalty-free license to store, review, copy, label and use them to check, train, test and improve Harmon, and to have our service providers store them for us, as described in your consent and the Privacy Policy. This license ends when you withdraw your consent, except that any version of Harmon already trained using your uploads may continue to be used.

6.4 No payment. You will not be paid for Harmon Training Uploads. Harmon and every model, model weight and result we create, in whole or in part with them, belong to us.

6.5 Our discretion. We may pause or stop accepting Harmon Training Uploads at any time, and we decide which uploads, if any, are used.

7. Photos and videos of other people

7.1 Permission. If you use the Services on a photo or video of anyone other than yourself, you confirm that you have that person's permission, and the permission of their parent or guardian if they are a minor, together with any consent the law requires (including under biometric privacy laws), to capture, analyze, edit and share their image in the way you do.

7.2 Respect. Do not use the Services to edit, rate, score or share images of anyone in a way that humiliates, sexualizes, harasses, deceives or harms them. You are responsible for any claim made by a person whose image you used (Section 15).

8. Acceptable use

You agree not to, and not to help or allow anyone else to:

use the Services in a way that breaks any law or regulation, or violates anyone's rights, including rights of privacy and publicity, intellectual property rights and rights under biometric privacy laws;
use the Services to bully, harass, shame, threaten or intimidate anyone, or to rate, rank or compare other people's appearance without their permission;
create, edit or share sexual or sexually suggestive images of anyone under 18, or intimate or sexual images of any person without their consent;
create or share images meant to deceive people in a harmful way, including to impersonate someone, to make false identification documents, to commit fraud, or to make false or misleading claims about the results of any cosmetic product, procedure or treatment;
use the Services or their results to make decisions about anyone's eligibility for employment, housing, credit, insurance, education or similar opportunities, or to identify, track or monitor any person;
copy, sell, rent, lease, lend, sublicense, distribute or otherwise make available the Services, Pro access or your account to anyone else;
reverse engineer, decompile, disassemble, decrypt or otherwise try to obtain the source code, models, model weights, training data, algorithms or reference values of the Services, except to the extent the law expressly permits this despite this restriction;
use the Services, their results or any part of them to develop, train or improve any product, service or model that competes with the Services;
access or use the Services, or our servers or interfaces, by automated means (such as bots, scrapers or scripts) or other than through the App and the Site as we provide them;
get around any paywall, free-trial limit, usage limit, security measure or access control, including by creating more than one account to receive more than one free trial;
probe, scan or test the vulnerability of our systems, or breach our security or authentication measures, without our prior written permission (please report suspected security issues to support@facemorphs.com);
interfere with or disrupt the Services, our servers or our networks, or upload viruses or other malicious code;
give false information about yourself, including your age, or impersonate any person or organization; or
remove, hide or change any copyright, trademark or other notice in the Services.

We may investigate any suspected breach of this Section and take any action we consider appropriate, including suspending or ending your access and reporting conduct to law enforcement.

9. Our rights and your license

9.1 Our property. The Services, including the App, the Site, Harmon and our other models, software, algorithms, measurement methods, reference values, designs, text and graphics, and the FaceMorphs and Harmon names and logos, belong to Invictan or our licensors and are protected by intellectual property laws. Except for the license in Section 9.2, these Terms give you no rights in them.

9.2 Your license. Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the App on Apple devices that you own or control, as permitted by Apple's Usage Rules, and to use the Site, in each case for your personal, non-commercial use. You may use your own edited images as you choose, subject to these Terms and the law. We reserve all rights not expressly granted to you.

9.3 Open-source software. The App includes open-source components licensed under their own terms, which are listed in the App under Settings → About → Open-source notices. Those terms apply to those components, and nothing in these Terms limits your rights under them.

9.4 Feedback. If you send us ideas, suggestions or other feedback about the Services, we may use them for any purpose without restriction, obligation or payment to you, and you give us a perpetual, irrevocable, worldwide, royalty-free license to do so.

9.5 Copyright complaints. If you believe that material in the Services infringes your copyright, email support@facemorphs.com with a description of the work, where the material appears and your contact details.

10. Third-party services

The Services rely on or link to services provided by other companies, such as Apple (the App Store and Sign in with Apple), Google (Sign in with Google), Stripe (payments on the Site) and Amazon Web Services (hosting). Your use of those services is governed by their own terms and privacy policies. We do not control and are not responsible for third-party services, websites or content, or for any loss they cause.

11. Changes to FaceMorphs

11.1 Changes. We may change, add, suspend or remove any part of the Services at any time, including features available for free or with Pro, for example to improve them, to respond to legal, security or technical issues, or for business reasons.

11.2 Test features. Some features may be offered as early or test (beta) versions. They may not work as expected and may be changed or removed at any time. You use them at your own risk.

11.3 Ending the Services. If we permanently stop offering the Services or Pro, we will tell you in advance when reasonably possible and will refund the unused part of any prepaid Site subscription period. Refunds of App Store purchases are handled by Apple.

11.4 Availability. We do not promise that the Services will be available on any particular device or operating system, in any particular country, or at any particular time.

12. Suspension and termination

12.1 By you. You may stop using the Services at any time and may delete your account as described in Section 3.3.

12.2 By us. We may suspend or end your access to all or part of the Services, or your account, at any time and with or without notice, if we reasonably believe that you have broken these Terms or the law, that your use creates risk or possible legal exposure for us, other users or anyone else, or that we must do so to comply with the law, or if we stop offering the Services.

12.3 Refunds on termination. If we end your access because you broke these Terms, you will not receive a refund. If we end your paid Site subscription for any other reason, including when we delete your account because Apple told us your Apple Account was deleted (Section 3.4), we will refund the unused part of the period you paid for, in proportion to the time left. This does not apply when you delete your account yourself (Section 3.3).

12.4 What continues. Sections 2, 5, 6, 7, 9 and 13 to 24, and any other terms that by their nature should continue, survive the end of these Terms.

13. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL RESULTS, MEASUREMENTS, SCORES, SUGGESTED LOOKS AND EDITED IMAGES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. INVICTAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS (THE "INVICTAN PARTIES") DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ANY MEASUREMENT, SCORE, IDEAL OR EDIT WILL BE ACCURATE, RELIABLE OR SUITABLE FOR ANY PURPOSE; THAT USING THE SERVICES WILL IMPROVE YOUR APPEARANCE, CONFIDENCE OR WELLBEING; THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS; OR THAT YOUR CONTENT WILL NOT BE LOST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation of liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INVICTAN PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR REPUTATION, OR FOR ANY EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING ANY RELIANCE ON A MEASUREMENT, SCORE, IDEAL, SUGGESTED LOOK OR EDITED IMAGE, OR ANY DECISION YOU MAKE ABOUT YOUR APPEARANCE OR HEALTH.

14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE INVICTAN PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICES, INCLUDING THROUGH THE APP STORE, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (B) ONE HUNDRED U.S. DOLLARS (US$100).

14.3 These limits apply whatever the legal theory (contract, tort including negligence, strict liability, statute or otherwise), even if we were told such damages were possible, and even if a remedy fails of its essential purpose. They are an essential part of the bargain between you and us.

14.4 Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, such as liability for fraud, or for death or personal injury caused by gross negligence or willful misconduct. Some jurisdictions do not allow certain limitations, so some of them may not apply to you.

15. Indemnity

To the maximum extent permitted by law, you will defend, indemnify and hold harmless the Invictan Parties from and against all claims, demands, losses, liabilities, damages, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) Your Content; (b) your use or misuse of the Services; (c) your breach of these Terms; (d) any image of another person that you used with the Services or sent to us, including any claim that you lacked that person's permission or any consent the law requires; or (e) your violation of any law or of anyone's rights. We may take exclusive control of the defense of any such matter at your expense, and you will cooperate with us. You may not settle any such matter without our prior written consent.

16. Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

16.1 Disputes covered. "Dispute" means any dispute, claim or controversy between you and any of the Invictan Parties that arises out of or relates in any way to these Terms (including their formation, interpretation, breach, termination or validity), the Services, any purchase, communication or advertising, or the collection, use, storage, disclosure, protection or deletion of any data, including any claim under any law concerning biometric identifiers, biometric information, privacy or consumer protection, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you accepted these Terms or after they end. This Section is to be interpreted as broadly as the law allows.

16.2 Notice of Dispute. Before starting an arbitration or a small claims case, you and we each agree to try to resolve any Dispute informally. The party raising the Dispute must first send the other a written Notice of Dispute ("Notice"). Send your Notice by email to support@facemorphs.com with the subject line "Notice of Dispute," or by mail to Invictan Corp., Attn: Legal, 313 Front St, Lemont, IL 60439-8845, United States. We will send any Notice to you at the email address linked to your account or that you otherwise gave us. A Notice must include your name, postal address, email address and telephone number; the email address or sign-in method linked to your account, if you have one; a description of the Dispute and the facts it is based on; and the specific relief you seek, including any amount. It must be personally signed by you (and by your lawyer, if you have one), and each Notice may concern only one person's Dispute.

16.3 Informal resolution period. Within 60 days after a complete Notice is received, either party may request an individual settlement conference by telephone or video, which you and a representative of Invictan must attend personally; lawyers may also attend. The parties will cooperate in good faith to schedule it. Neither party may start an arbitration until 60 days after the complete Notice was received or, if a conference was requested within that time, until 14 days after the conference, whichever is later. All statutes of limitation and filing-fee deadlines are suspended from the date a complete Notice is received until this period ends. A court may prevent the filing or continuation of an arbitration that does not meet these requirements, and the arbitration administrator may not accept or administer it or assess fees for it.

16.4 Binding individual arbitration. If a Dispute is not resolved through the informal process, you and we agree that it will be resolved exclusively by final and binding arbitration on an individual basis, except as provided in Section 16.7. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce.

16.5 Rules and procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, in effect when the arbitration is filed and as modified by this Section 16 (the "AAA Rules"), available at adr.org. If the AAA is unable or unwilling to administer the arbitration consistently with this Section, the parties will agree on another administrator or a court will appoint one. A single arbitrator will decide the Dispute. Unless you and we agree otherwise, any hearing will take place by video conference or, if the arbitrator decides an in-person hearing is necessary, in the county where you live. Claims of US$25,000 or less will be decided on written submissions unless the arbitrator decides a hearing is necessary. The arbitrator will apply applicable law and these Terms, may award the same remedies a court could award on an individual basis, and will issue a written, reasoned decision. Judgment on the award may be entered in any court with jurisdiction. An award has no effect in any other proceeding involving different parties.

16.6 Fees. Payment of filing, administration and arbitrator fees is governed by the AAA Rules, which limit the fees a consumer pays. Each party bears its own attorneys' fees and costs unless the arbitrator awards them under applicable law. If the arbitrator finds that a claim or defense was frivolous or brought for an improper purpose, the arbitrator may award fees and costs as the AAA Rules and the law allow.

16.7 Exceptions. Either party may (a) bring an individual claim in small claims court in the county where you live or in Cook County, Illinois, as long as it qualifies and remains there on an individual basis; and (b) bring a lawsuit in court for an injunction or other equitable relief to stop the infringement, misappropriation or misuse of intellectual property, or unauthorized access to or misuse of the Services. If the law does not allow a request for public injunctive relief to be waived or arbitrated, that request will be decided by a court after all individual claims have been arbitrated, and the court case will be paused until then.

16.8 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

16.9 Coordinated filings. If 25 or more Notices or demands for arbitration raising similar claims are submitted by or with the help of the same or coordinated lawyers or organizations ("Coordinated Claims"): (a) the AAA's Mass Arbitration Supplementary Rules apply to the extent consistent with this Section; (b) the claimants' lawyers and we will each select 10 Coordinated Claims to proceed first as individual arbitrations, each assigned to a different arbitrator where possible; (c) no other Coordinated Claim may be filed or proceed, and no fees may be assessed for one, until those first arbitrations are decided; (d) the parties will then take part in a single mediation of the remaining Coordinated Claims, with Invictan paying the mediator's fees; and (e) any claims still unresolved will then proceed in further rounds of up to 50 individual arbitrations (25 chosen by each side), or in larger rounds if the parties agree, until all are resolved. Each claimant's limitation periods are suspended from when a complete Notice is received until that claimant's arbitration may be filed. A court may enforce this Section 16.9, including by preventing the filing or administration of arbitrations or the assessment of fees that do not comply with it. If this Section 16.9 is found unenforceable, Coordinated Claims will proceed individually under the AAA Rules.

16.10 Who decides. The arbitrator has exclusive authority to decide all issues about the interpretation, applicability, enforceability and scope of this Section 16, except that a court has exclusive authority to decide (a) whether Sections 16.8 and 16.9 are valid and enforceable and whether they have been breached, (b) whether the requirements of Sections 16.2 and 16.3 have been met, and (c) whether you opted out under Section 16.11.

16.11 Your right to opt out. You may opt out of this agreement to arbitrate by sending us a written opt-out notice within 30 days after you first accept these Terms or, if you accepted an earlier version of the Terms that did not include an agreement to arbitrate, within 30 days after you first accept this version. Email support@facemorphs.com with the subject line "Arbitration Opt-Out," or write to the address in Section 16.2, giving your name, postal address, the email address linked to your account (if any) and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms; if you opt out, Section 17 applies to Disputes.

16.12 Changes to this Section. If we make a material change to this Section 16 after you have accepted it, you may reject the change by writing to us at the address in Section 16.2 within 30 days after it takes effect. If you do, the most recent version of this Section 16 that you accepted continues to apply to Disputes between you and us.

16.13 Severability. If a court decides, after any appeals, that Section 16.8 is unenforceable for a particular claim or request for relief, then that claim or request, and only that one, will be severed and decided by a court under Section 17 after all other claims have been arbitrated, and it will not be arbitrated on a class or representative basis. If any other part of this Section 16 is found unenforceable, the rest of it remains in effect.

16.14 Where this Section does not apply. If you are a consumer who lives in the European Union, the European Economic Area, the United Kingdom or Switzerland, this Section 16 does not apply to you, and you may bring proceedings in the courts where you live. In any other country outside the United States, this Section 16 applies to the extent the law of that country permits.

16.15 Survival. This Section 16 survives the end of these Terms and of your use of the Services.

17. Governing law and courts

These Terms and any Dispute are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-law rules, except that Section 16 is governed by the Federal Arbitration Act. Any Dispute that is not arbitrated, including because you opted out of arbitration, and any lawsuit under Section 16.7(b), must be brought only in the state or federal courts located in Cook County, Illinois, and you and we consent to the personal jurisdiction of those courts and waive any objection to venue there. To the extent permitted by law, any such court case will be conducted only on an individual basis and not as a class, collective or representative action, and you and we each waive any right to a jury trial in it. If you live outside the United States, you also keep any protection that the mandatory law of your country gives you.

18. Time limit for claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be started, by sending a Notice under Section 16.2, within one year after the claim arose. Otherwise it is permanently barred.

19. Export controls and sanctions

You confirm that you are not located in, or ordinarily resident in, any country or region subject to comprehensive United States sanctions; that you are not on any U.S. government list of prohibited or restricted parties, including the Treasury Department's list of Specially Designated Nationals; and that you will not use, export or re-export the Services in violation of U.S. or other applicable export control or sanctions laws.

20. Apple App Store

If you downloaded the App from Apple's App Store:

These Terms are between you and Invictan only, not Apple. Invictan, not Apple, is solely responsible for the App and its content.
Your license to use the App is limited to Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that the App may also be used by other accounts associated with you through Family Sharing or volume purchasing where Apple allows.
Apple has no obligation to provide any maintenance or support for the App.
If the App fails to conform to any warranty that applies to it, you may notify Apple, and Apple will refund the purchase price, if any, that you paid for the App. To the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are Invictan's responsibility, subject to these Terms.
Invictan, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws, in each case subject to these Terms.
If a third party claims that the App or your possession and use of it infringes that party's intellectual property rights, Invictan, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim, subject to these Terms.
You must comply with any third-party terms that apply when you use the App, such as your wireless data service agreement.
Questions, complaints and claims about the App should be sent to us using the contact details in Section 24.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
Apple's standard Licensed Application End User License Agreement may also apply to the App. If it does and it conflicts with these Terms, these Terms control to the extent the law and Apple's rules permit.

21. Changes to these Terms

We may change or update these Terms at any time. If a change is material, we will tell you before it takes effect, for example in the App or by email, so that you can review it. Changes take effect on the date stated in the notice or, if none is stated, when we post the updated Terms, and they do not apply to a Dispute for which a Notice was sent before the change took effect. If you keep using the Services after a change takes effect, you accept the updated Terms. If you do not agree to a change, stop using the Services and delete your account. Changes to Section 16 are also subject to Section 16.12. The "Last Updated" date above shows when these Terms last changed.

22. General

22.1 Entire agreement. These Terms, including the Privacy Policy and any additional terms described at the start of these Terms, are the entire agreement between you and us about the Services and replace any earlier agreement on that subject.

22.2 Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization or sale of assets.

22.3 Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect, subject to Section 16.13 for Section 16.

22.4 No waiver. If we do not enforce a provision of these Terms, we have not waived our right to enforce it later. A waiver is effective only if it is in writing and signed by us.

22.5 Events beyond our control. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, such as natural disasters, outages of networks, cloud or app store services, acts of government, war, labor disputes or attacks on our systems.

22.6 Electronic communications. You agree that we may provide agreements, notices and other communications to you electronically, in the App, on the Site or by email, and that they satisfy any legal requirement that they be in writing.

22.7 Notices to us. Unless these Terms say otherwise, notices to us must be sent to support@facemorphs.com or to the address in Section 24.

22.8 Interpretation. Headings are for convenience only. "Including" means "including without limitation." If these Terms are translated, the English version controls.

22.9 Third-party beneficiaries. Except for the Invictan Parties under Sections 13 to 15 and Apple under Section 20, these Terms do not give rights to anyone else.

22.10 Relationship. These Terms do not create any agency, partnership, joint venture or employment relationship between you and us.

23. Notice for California users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24. Contact us

Invictan Corp.
313 Front St
Lemont, IL 60439-8845
United States
Email: support@facemorphs.com