FaceKonnect

Terms of Service (EULA)

Last updated: December 7, 2023

Please read these Terms of Service EULA (“Terms”, “Terms of Service”) carefully before using the FaceKonnect app (the “Service”) operated by Suntech Information Technologies Pty Ltd. (“us”, “we”, or “our”).

ACCEPTANCE OF TERMS:

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users and others who wish to access or use the Service. 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 do not have permission to access the Service.

COMMUNICATIONS

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

CONTENT:

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to remove any Content that violates these Terms or is otherwise objectionable.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

We reserve the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of Suntech Information Technologies Pty Ltd. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

ACCOUNTS:

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

INTELLECTUAL PROPERTY:

FaceKonnect and its original content, features, and functionality are owned by Suntech Information Technologies Pty Ltd. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to copy, modify, distribute, sell, or lease any part of the Service or its content without our prior written consent.

DISCLAIMER OF WARRANTIES:

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUNTECH INFORMATION TECHNOLOGIES PTY LTD. DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SUNTECH INFORMATION TECHNOLOGIES PTY LTD. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless Suntech Information Technologies Pty Ltd., its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Service, your violation of these Terms, or your violation of any rights of another

TERMINATION:

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

FaceKonnect is an app where people can offer different services like companionship, advice, and support to others. This platform lets you sign up and create a profile for free, with no upfront fees or charges, but when you make money using the platform, FaceKonnect charges a 20% commission fee when you withdraw your earnings. There is also a minimum withdrawal amount of $100 USD. All funds are provided by callers. We are not employing you but instead facilitating connections and payments from third parties.

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. Apple or Google may make an exception if a refund for credit offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

To request a refund:

If you made a purchase using your Apple ID, refunds are handled by Apple, not FaceKoonect. To request a refund, go to the App Store, click on your Apple ID, select “Purchase history”, find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com or at https://reportaproblem.apple.com/

If you made a purchase using your Google Play Store account directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.

You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.

Dispute Resolution Process:

We don’t accept any dispute from the users about the service provided by our app. All FaceKonnect Friends offer the first minute free to the user, which gives them the opportunity to stop the video chat if they are not satisfied with the service.

In the event that a user disputes a charge for your services, the matter will be handled according to our dispute resolution process. Our team will review the dispute and may ask for additional information or evidence from both you and the user to help resolve the issue. If it’s determined that the dispute is valid, we may refund the user or take other appropriate actions as necessary.

However, please note that if we have already sent payment to us for their services before the dispute is resolved, we may refund the disputed amount if it’s determined to be an unauthorized transaction. The platform also reserves the right to withhold any payment if we suspect unauthorized transactions from the user until this is cleared by the bank or credit card owner.

Identity verification process:

In order to use the FaceKonnect platform and receive payments for your services as a FaceKonnect Friend, you may be required to complete an identity verification process. We reserve the right to ask for identity verification only from the FaceKonnect Friends who want to earn money through the platform.

During this process, you will need to provide the following information:

– Your full name and birthdate

– The country where your ID was issued

– A clear image of your valid, government-issued photo ID

– A clear photo of your face

your ID must show your full name, birthdate, and a clear face photo. We cannot verify IDs that are expired, photocopied, black and white images, not issued by a government (such as a school ID), or do not meet our age restrictions. In addition to your ID verification, we also require proof of address. You can provide a current utility bill (such as gas, electricity, telephone, or mobile phone bill) or a bank statement. Once you have provided all the necessary information, our team will review and verify your identity. This process may take up to 5-7 business days. Please send all the required documents to [email protected] email for verification. We take the security and privacy of our users very seriously and follow strict protocols and guidelines to protect their information. All information provided during the verification process is kept confidential and only used for the purposes of identity verification.

We reserve the right to refuse access to the platform or withhold payment if the identity verification process is not completed or if the information provided is incorrect or fraudulent.

DISCLAIMER:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FACEKONNECT, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

FACEKONNECT, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

UNDER NO CIRCUMSTANCES SHALL FACEKONNECT, ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FACEKONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE TO INDEMNIFY AND HOLD FACEKONNECT, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW

By using the FaceKonnect platform, you agree to the terms and conditions outlined in this disclaimer. If you do not agree with these terms, please do not use the Service.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL FACEKONNECT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF OR INABILITY TO USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; (IV) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF FACEKONNECT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO FACEKONNECT FOR THE SERVICE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION

By using the FaceKonnect platform, you agree to the terms and conditions outlined in this Limitation of Liability section. If you do not agree with these terms, please do not use the Service

Sure, here’s a revised version of the Disclaimer and other terms that may better protect the FaceKonnect platform:

EXCLUSIONS:

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

GOVERNING LAW:

THESE TERMS SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VICTORIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICT OF LAWS.

ENTIRE AGREEMENT:

THESE TERMS, TOGETHER WITH ANY ADDITIONAL TERMS TO WHICH YOU AGREE WHEN USING PARTICULAR ELEMENTS OF THE SERVICE, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND FACEKONNECT AND ITS AFFILIATES REGARDING THE SERVICE AND SUPERSEDE ALL PRIOR AGREEMENTS REGARDING THE SUBJECT MATTER CONTAINED HEREIN.

CHANGES:

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

CONTACT US:

IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT [email protected]

By using the FaceKonnect platform, you agree to the terms and conditions outlined in these terms. If you do not agree with these terms, please do not use the Service.