Terms of use

1. Introduction

Welcome to Facetry. These Terms of Use ("Terms") form the agreement between you and Cherry Pub LLP, 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, company number OC431055 ("we", "us"), for your use of the Facetry apps for Android and iPhone and the website facetry.web.app (together, "Facetry" or the "Service"). Please read them carefully. By creating an account or using Facetry, you accept these Terms. Our privacy policy explains how we handle your personal data, including your photo and face data.

2. Who can use Facetry

2.1 Age. You must be at least 18 years old to use Facetry.

2.2 Personal use. Facetry is offered to consumers for private use, with one account per person. Commercial use of any kind is not allowed.

2.3 Additional terms. Some features may come with additional terms. We will show them to you before you use those features.

3. The Service

3.1 What it is. Facetry shows you AI-made previews of haircuts, hair colours, eyebrows, eyelashes, lip colours and facial hair on your own photo. It also gives you a face card that suggests styles for your face, and "Your best look", which combines a cut, a colour and a finishing touch picked for your face.

3.2 Your account. You sign in with Google, or with Apple on iPhone. You are responsible for keeping access to your Google or Apple account secure, and for what happens in your Facetry account. Tell us straight away if you think someone else is using it.

3.3 Other services. Sign-in uses your Google or Apple account, and payment goes through Google Play or the App Store; their own terms and privacy policies apply to those services. OpenAI makes face cards and looks for us; it has no separate agreement with you.

3.4 Availability and changes. We try to keep Facetry running, but we do not guarantee that it is always available or error-free. We may change, add or remove features to improve Facetry.

4. Free features and subscriptions

4.1 Free features. Making a face card is free, and every account gets one free look, once: it doesn’t renew. More looks, and Your best look, need a subscription.

4.2 Facetry Weekly and Facetry Yearly. Facetry Weekly and Facetry Yearly are auto-renewing subscriptions available in the Android and iPhone apps. Facetry Weekly includes 40 looks a week, and Facetry Yearly includes 40 looks every 30 days. Both include Your best look. Looks a period doesn't use don't carry over, and a look that fails isn't counted.

4.3 Plans and prices. Facetry Weekly is billed every week and Facetry Yearly every year. Prices may vary by country and may include taxes; the exact price, billing period and any free-trial terms are shown in the app and by the store before you confirm the purchase.

4.4 Free trial. Eligible new subscribers to Facetry Yearly get a 3-day free trial, on both the App Store and Google Play. The trial includes up to 20 looks and 5 face cards in total. Facetry Weekly has no free trial. Unless you cancel at least 24 hours before the trial ends, the subscription starts and you are charged the yearly price at the end of the trial. Eligibility is decided by Apple or Google.

4.5 Purchase, billing and renewal. Subscriptions are bought and billed only through the App Store (Apple) or Google Play (Google), using the payment method of your store account; their terms of sale also apply. The contract for a subscription is formed when you confirm the purchase in the store's payment screen. Payment is charged to your store account at confirmation of purchase. The subscription renews automatically for the same period and at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period; your store account is charged for renewal within the 24 hours before the current period ends. You can correct input errors until you confirm the purchase in the store's payment screen.

4.6 Managing and cancelling. You can manage or cancel your subscription at any time in your Apple Account settings or in Google Play > Payments & subscriptions. Cancellation takes effect at the end of the current billing period; you keep your plan until then. Deleting the app or your Facetry account does not cancel your subscription.

4.7 Restoring purchases. If you change device or reinstall the app, use Restore purchases in Account with the same store account.

4.8 Price changes. We may change subscription prices for future periods. Apple or Google will inform you as their rules require and, where required, ask for your consent before a higher price applies.

4.9 Refunds. Because purchases are processed by Apple or Google, refund requests must be made to them under their policies (Apple: reportaproblem.apple.com; Google Play: the order in your Google account or play.google.com). We cannot issue refunds directly for store purchases.

4.10 Fair use. Each account can make up to 6 face cards a day. To keep Facetry fast and affordable for everyone, there is also a daily limit on the free looks all accounts can make together and on the looks the Service can make in a day; at very busy times, the app may ask you to try again later, and an unused free look stays saved for you.

5. Right of withdrawal (consumers in the EU and UK)

5.1 If you are a consumer in the EU or UK, you have the right to withdraw from a paid contract within 14 days of concluding it, without giving any reason.

5.2 Facetry Weekly and Facetry Yearly are digital services supplied immediately. When you buy one, you ask us to begin performance at once, and you acknowledge that you lose your right of withdrawal once performance has begun, to the extent the law allows. Where a right of withdrawal still applies, you pay an amount proportionate to what was provided before you withdrew.

5.3 Because Facetry's subscriptions are sold and billed by Apple or Google, you exercise a withdrawal right by asking them for a refund (section 4.9). If you write to us at app@greentomatomedia.com naming the purchase, we will tell you how to make that request.

6. Your photos, your looks and your conduct

6.1 Your photos. Only upload photos of yourself, or of another adult who has agreed to it. Never upload a photo of anyone under 18. You must hold the necessary rights to every photo you upload.

6.2 Your looks. Your photos and your looks stay yours. You give us a limited, non-exclusive, royalty-free licence to use your photos only to provide Facetry to you: to make your face card and looks through the companies that process them for us, such as OpenAI, and to send the results back to you. We do not use your photos or looks to train AI, for advertising or for anything else, and we claim no rights in your looks. You can keep and share your looks within these Terms. AI-made images may not be protected by copyright, and similar results may be made for other people.

6.3 Rules. You must not use Facetry to:

• upload a photo of someone else, unless they are an adult who has agreed to it, or any photo of someone under 18;
• make nude, sexual or intimate images of anyone, or anything hateful, violent, harassing or illegal;
• impersonate anyone, deceive, bully or embarrass anyone, or present a look as a real photo to mislead people;
• break the law or anyone's rights, including their privacy, their rights in their own image, copyright and trademarks;
• get around the free look, the fair-use limits or payment, for example by using several accounts;
• copy, scrape, resell or reverse-engineer Facetry, access it with bots or other automated means, or overload, disrupt or attack the Service, except as the law expressly allows.

6.4 Reports. If a face card or a look seems wrong or offensive, report it in the app, or email us. We review reports and act on them as quickly as we reasonably can.

6.5 What we may do. We, and OpenAI's safety systems, may refuse a photo or a request. If a photo, a request or your behaviour breaks these Terms or the law, we may, depending on how serious it is: remove a result, warn you, temporarily restrict features, or suspend or close your account (section 10.3).

6.6 Responsibility. You are responsible for the photos you upload and for how you use Facetry. If you break section 6 through your own fault, you must compensate us for claims third parties bring against us because of it, within the limits of the law.

7. Our content and your licence

Facetry, including its software, design, style images and texts, is protected by copyright and other rights held by us or our licensors. We grant you a personal, non-exclusive, non-transferable, revocable right to use Facetry for your own non-commercial use, in line with these Terms and the rules of the store you downloaded it from. You may not copy, distribute, sell, publish or make our content publicly available outside the Service. Your right of use ends when these Terms end, and the paid features end when your subscription ends.

8. Liability for defects and disclaimer

8.1 The statutory provisions on defects apply to the Service. Your consumer rights remain unaffected.

8.2 AI results. Face cards and looks are made by AI. They are previews to help you choose, and we do not promise any particular result: how a real haircut, colour, brow, lash or make-up treatment turns out depends on your hair and skin, your stylist and the products used. AI can get things wrong: it may change your face, miss a style or misread a feature. The face card describes features only to suggest styles; it is not a judgement of how you look. Facetry does not give medical, safety or professional advice: follow product instructions, and do a patch test before any hair dye or brow or lash tint.

8.3 AI label. Looks you save or share carry Facetry's name and an "AI preview" label. Please keep them, and never present a look as a real photo.

9. Liability

9.1 Free services. For services provided free of charge, we are liable, whatever the legal basis, only for damage caused by wilful misconduct or gross negligence, or by the absence of a guaranteed feature. Our liability for wilful misconduct is unlimited. For gross negligence or the absence of a guaranteed feature, our liability is limited to reasonable, foreseeable damage. Otherwise our liability is excluded.

9.2 Paid services. For paid services we are, in principle, liable without limit for damage caused by wilful misconduct, gross negligence or the absence of a guaranteed feature. If we breach a material contractual obligation through slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is one whose fulfilment is essential to the contract and on which you can normally rely. Otherwise our liability is excluded.

9.3 Always unaffected. Our liability for injury to life, body or health caused by our fault, and liability under mandatory product liability law (such as the German Product Liability Act), are not limited by this section.

9.4 Our staff. Where our liability is excluded or limited, this also applies to our employees and agents.

10. Term and ending the contract

10.1 User contract. This agreement runs for an indefinite period from when you create your Facetry account.

10.2 Ending it yourself. You can stop using Facetry at any time, and delete your account at any time in the app: Account → Delete account (on iPhone, if you signed in with Apple, you then confirm with Apple). Deletion is immediate and permanent: your account and the data described in our privacy policy are deleted and cannot be restored. Deleting your account does not cancel a subscription (section 4.6), and amounts already paid are not refunded, even in part, unless the law or the store's policy says otherwise. If you can't open the app, email us from the address you signed in with.

10.3 Ending it by us. We may end this agreement without giving a reason with two (2) weeks' notice given in the app or on this page, but not before the end of a subscription period you have already paid for. We may suspend or close your account, or end this agreement, with immediate effect for good cause, in particular if you seriously or repeatedly break these Terms (for example section 6). Either party's right to terminate for good cause is unaffected. If we stop operating Facetry, we will give at least 30 days' notice in the app.

11. Personal data

We process your personal data as described in our privacy policy, available in the app (Account → Privacy policy) and at https://facetry.web.app/privacy. It explains how we handle your photo and face data.

12. Changes to these Terms

We may change these Terms with effect for the future, for example when we add features or the law changes. We will tell you about important changes in the app and on this page at least two (2) weeks before they take effect, together with your right to object and what happens if you do or do not. If you do not object within that period and keep using Facetry, the new Terms apply. If you object, either of us may end the agreement under section 10. Changes required by law or for security may take effect sooner.

13. App Store terms (iOS)

If you downloaded Facetry from Apple's App Store: these Terms are between you and Cherry Pub LLP only, not Apple, and we alone are responsible for the app and its content. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any); to the maximum extent permitted by law Apple has no other warranty obligation. Apple is not responsible for any claims relating to the app or your use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, consumer protection, privacy or similar claims, or third-party intellectual property claims; we are responsible for investigating and handling such claims as these Terms provide. You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Apple's Licensed Application End User License Agreement applies to the extent these Terms do not cover a point.

14. Final provisions

14.1 Applicable law. These Terms are governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers in the European Union, mandatory consumer-protection provisions of the law of the country where you live also apply.

14.2 Place of jurisdiction. If you have no general place of jurisdiction in Germany or another EU Member State, or you moved your permanent or usual residence outside the EU after these Terms took effect, or your residence is unknown when a claim is filed, the exclusive place of jurisdiction for all disputes under this contract is our place of business.

14.3 Language. The language of the contract is English. Translations are provided for convenience.

14.4 Severability. If any provision of these Terms is or becomes invalid in whole or in part, the remaining provisions stay valid.

14.5 No waiver, transfer. If we do not enforce a right immediately, we do not give it up. We may transfer this agreement to a company that takes over Facetry, provided your rights are not reduced; you will be informed.

15. Provider and contact

Cherry Pub LLP
71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ
Company number OC431055

Email: app@greentomatomedia.com

Help and support: https://facetry.web.app/#support