THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. WE EXPLAIN MORE ABOUT ARBITRATION AND DISPUTE RESOLUTION BELOW.Who can use our Apps
You must be at least 13 years old to use some of our Apps. We will terminate any accounts used by underage users as determined in our sole discretion, including all content.
If you accept these terms or use our Apps on behalf of a business or entity, you represent and warrant you are authorized to do so and have the authority to bind that business or entity to these terms, in which case the words “you” and “your” in these terms include you and that business or entity.Privacy
You are responsible for all activity on your account. Don’t do anything illegal, abuse others, or misuse the Service. If you violate our policies we may suspend your access to certain features or terminate your account.Subscription and billingSubscription and Fees
Much of our Service is free of charge. We also offer subscription plans that provide access to enhanced services and additional content for a fee (a “Subscription”). You may purchase a Subscription directly from us or through a third party, such as the iOS App Store. If you purchase a Subscription from a third party, separate terms and conditions with such third party in addition to these terms may apply to your access to the Service.
Your payment to us or the third party through which you purchased the Subscription will automatically renew and continue until terminated. You must cancel your Subscription before it renews in order to avoid paying the subscription fees for the next billing period (see “Cancellation and Refunds” below). We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time. If you have purchased a Subscription, we will give you advance notice of significant changes to your plan.
Unless we specify that your Subscription includes use of the Service by multiple users, your Subscription is for a single user only, you may not share your Subscription with anyone else, and you may access and use your Subscription on up to ten devices on a single operating system.
Unless otherwise indicated, you are required to provide a credit card or other payment method that we, or the third party through which you purchased the Subscription, accept to pay the applicable fee for a Subscription. We or such third party will charge the payment method you’ve chosen a subscription fee plus any applicable taxes on a recurring basis corresponding to the term of your Subscription. You are solely responsible for any and all fees charged to the payment method you’ve chosen. We reserve the right to cancel your Subscription if we are unable to successfully charge your payment method.
We or the third party from who you purchased a Subscription will automatically bill you using the payment method you’ve chosen on the day you start your Subscription or the day your free Trial ends (see “Free Trials and Promotions” below), as applicable, and on each recurring billing date thereafter. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your Subscription. If your Subscription renews on a date not contained in a given month, then we will charge you on the last day of such month.
The amount you are billed and billing date may vary to account for a free Trial, promotional offers, account credits, and changes in your Subscription or payment method. You authorize us to charge you for these varying amounts, if any.
Cancellation and Refunds
You can cancel your Subscription by signing in to your account and following the instructions for canceling your Subscription. If you purchased your Subscription through a third party, such as the Apple App Store, you may need to cancel through that third party.
If you cancel your Subscription, you will continue to have access to the applicable Service and any Content you created through the end of your current billing period. Your account will be downgraded to Free at the end of the billing period.
All payments are nonrefundable. If you cancel your Subscription, or if your account is terminated under these terms, you will not receive a refund or credit, including for partial periods of service.
Free Trials and Promotions
From time to time, we or others on our behalf may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). We may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
For some Trials, we'll require you to provide your payment details to start the Trial. By providing such details, you agree that we may automatically begin charging you for a Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. TO AVOID PAYING THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL. IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION THROUGH THE THIRD PARTY.Using our AppsYour License to Use our Apps
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service. Excluding Content provided by users, we own and retain all rights, title, and interest in and to the Service. These terms do not grant you any rights to our graphical user interface, trademarks, or service marks. Any feedback, comments, or suggestions you may provide regarding the Service is gratuitous, unsolicited, and without restriction, and we are free to use such feedback, comments, or suggestions as we see fit without any compensation to you.Advertising and Promotions
The Service may include advertisements, and those advertisements may link to independent third-party websites. We are not responsible for, and do not endorse, any third-party advertisements, websites, services, or products. Sites maintained by those third-parties are not under our control. Any dealings you have with third parties that advertise on the Service are between you and those advertisers, and you agree that we are not liable for any loss or claim that you may have against an advertiser. You agree that we may generate revenues, increase goodwill, or otherwise increase our value from your use of the Service, including through the sale of advertising, and you will have no right to share in any such revenue or goodwill.
THE SERVICE AND OUR APP’S CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS." WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO: (A) THE SERVICE; (B) OUR APP’S CONTENT; (C) ANY CONDUCT OR CONTENT OF ANY USER ON THE SERVICE; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE OUR SERVICES. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACKGROUND & FACE EDITOR LLC, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “BACKGROUND & FACE EDITOR LLC PARTIES”) 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 (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE BACKGROUND & FACE EDITOR LLC PARTIES’ AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BACKGROUND & FACE EDITOR LLC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BACKGROUND & FACE EDITOR LLC PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.GeneralDispute Resolution
You agree that in the event of any dispute between you and us (including any disputes between you and a third-party agent of ours), you will first contact us and make a good faith effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.Notices
You agree that we may provide disclosures and notices required by law and other information about your account to you electronically, by posting it on our website, pushing notifications through the Service, or by emailing it to the email address listed in your account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies, and such disclosures will constitute notice to you at the time of publication.Changes to These Terms
We may modify these terms at any time. If we make any material changes, we’ll notify you as described in the “Notices” section above; if you continue to use the Service after that, you will be deemed to have accepted the changes. If you object to any change, your only recourse will be stop using the Service.Notices for third party licensed contentShutterstock Photo Content
Unsplash Photo Content
- Content is for digital use within our Apps only and may not be used for printing.
- You may not use the content as a trademark for a business.
- You may not portray a person in a way that may be offensive, including: in connection with adult-oriented services or ads for dating services; in connection with the promotion of tobacco products; in connection with political endorsements; with pornographic, defamatory, unlawful, offensive or immoral content; and as suffering from, or being treated for, a physical or mental ailment.
If an image from Unsplash contains an identifiable person, place, logo or trademark, Background & Face Editor LLC cannot guarantee appropriate releases have been obtained. See the Unsplash Terms & Conditions and Help Center for more.
Last updated: September 30, 2022