Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FacialDNA AI ("we," "us," or "our") governing your access to and use of the FacialDNA AI platform, including the marketing website at facialdna.ai and the decentralized application ("dApp") at app.facialdna.ai (collectively, the "Service").

By accessing or using any part of the Service, clicking "I Agree," connecting a wallet, or otherwise interacting with the platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

FacialDNA AI is a Web3-enabled AI face generation platform built on Kaia Mainnet. The Service allows users to:

• Generate AI-powered portrait images using advanced AI models
• Connect a Web3 wallet (e.g., MetaMask, Trust Wallet) for authentication
• Earn points through generations, daily check-ins, and referrals
• View and share a personal gallery of AI-generated portraits
• Participate in leaderboards and achievement programs
• Access platform statistics and community features

The Service is provided "as is" and is subject to change, suspension, or discontinuation at any time without prior notice. We reserve the right to modify, add, or remove features at our sole discretion.

To use the Service, you must meet all of the following eligibility requirements:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater
• Have the legal capacity to enter into a binding agreement
• Not be located in, organized under the laws of, or a resident of any jurisdiction where use of the Service is prohibited by applicable law
• Not be a person or entity subject to sanctions administered by the U.S. OFAC, the EU, the UN, or any other applicable governmental authority
• Not have been previously banned or suspended from using the Service

By using the Service, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify eligibility and to refuse, suspend, or terminate access at our discretion.

The Service uses Web3 wallet authentication. You do not create a traditional username/password account. Instead, your blockchain wallet address serves as your identity on the platform.

• You are solely responsible for the security of your wallet, private keys, and seed phrases
• We will never ask for your private keys, seed phrase, or wallet password
• Any action taken from your connected wallet address is deemed to be authorized by you
• You are responsible for all activities that occur under your wallet address
• If you suspect unauthorized access, you should disconnect your wallet and take appropriate security measures immediately
• We are not responsible for any loss arising from unauthorized use of your wallet

We do not have access to your private keys or the ability to recover your wallet. Lost access to a wallet means lost access to associated account data, points, and any associated on-chain assets.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree that you will NOT:

• Generate content depicting real identifiable individuals without their explicit written consent
• Generate, upload, or share content that is pornographic, sexually explicit, or adult in nature
• Generate content that is hateful, harassing, threatening, discriminatory, or that promotes violence
• Generate content that impersonates public figures, celebrities, politicians, or other real persons in a deceptive or harmful manner
• Attempt to reverse-engineer, scrape, or extract the underlying AI model or platform infrastructure
• Use bots, scripts, or automated tools to interact with the Service in unauthorized ways
• Circumvent rate limits, point-earning restrictions, or other platform controls
• Attempt to exploit bugs, vulnerabilities, or unintended platform behaviors for personal gain
• Use the Service in any way that could disable, overburden, or impair our systems
• Violate any applicable local, state, national, or international law or regulation
• Infringe on the intellectual property rights of any third party

Violation of these acceptable use requirements may result in immediate suspension or permanent termination of your access to the Service, forfeiture of accumulated points, and potential legal action where applicable.

The Service uses advanced AI models to generate portrait images. You acknowledge and agree to the following regarding AI-generated content:

• AI-generated images are created algorithmically and may not always be accurate, appropriate, or of consistent quality
• Generated images do not depict real persons — any resemblance to actual individuals is coincidental
• You are solely responsible for how you use, share, or distribute any AI-generated content produced through the Service
• We do not guarantee that generated content will be free from biases inherent in the underlying AI model
• We reserve the right to review, remove, or restrict access to any generated content that violates these Terms
• Generated content may be reviewed by our moderation systems for safety and compliance purposes

You must not use AI-generated content from the Service for purposes that are illegal, defamatory, misleading, or harmful to any individual or group.

Our IP: The FacialDNA AI name, logo, brand identity, website design, software, smart contracts, and all related technology are the exclusive intellectual property of FacialDNA AI and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

Generated Content Ownership: Subject to your compliance with these Terms and any applicable licensing terms of the underlying AI model, you retain a non-exclusive license to use, display, and share images you generate through the Service for personal, non-commercial purposes. Commercial use rights, if any, are subject to the AI model provider's licensing terms and may require a separate commercial license.

User Content: If you submit, upload, or share any content through the Service (such as reference images), you grant us a non-exclusive, worldwide, royalty-free license to use, process, and store such content solely for the purpose of providing the Service. We do not claim ownership of your uploaded content.

Feedback: Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without any obligation to you.

The Service includes a points system that allows users to earn points through various activities. You acknowledge and agree that:

• Points have no monetary value and cannot be redeemed for cash or cash equivalents
• Points are awarded at our sole discretion and may be adjusted, forfeited, or voided at any time
• Points earned through fraudulent activity, exploitation of bugs, or violation of these Terms may be revoked without notice
• Point balances are non-transferable between wallet addresses
• We do not guarantee that any points program or reward mechanism will remain available indefinitely
• Point-to-token conversion ratios, if and when implemented, are subject to change and are not guaranteed
• Tier statuses (Bronze, Silver, Gold, Diamond) are determined solely by us and may be modified at any time

Points represent activity tracking within the platform and do not constitute a financial instrument, security, or any form of investment product.

The FDN Token has not yet been launched. Any references to FDN Tokens on the platform are forward-looking and subject to significant uncertainty.

• The FDN Token has not been issued as of the date of these Terms
• Nothing in these Terms or on the platform constitutes a promise, guarantee, or commitment to issue FDN Tokens
• FDN Tokens, if and when launched, may be subject to legal and regulatory requirements in various jurisdictions
• Users in certain jurisdictions may be prohibited from participating in token distributions
• We are not responsible for any speculative decisions made based on anticipated token value
• Any token distribution mechanics (including points-to-token conversion) are subject to change without notice
• FDN Tokens are not intended to constitute securities or investment products in any jurisdiction

Participation in any future token distribution is entirely voluntary and does not constitute an investment contract. Consult qualified legal and financial advisors before making any decisions related to digital assets.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF AI-GENERATED CONTENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS
• WARRANTIES REGARDING THE SECURITY OF YOUR WALLET, TRANSACTIONS, OR ON-CHAIN ASSETS
• WARRANTIES REGARDING THE FUTURE VALUE OR UTILITY OF ANY POINTS OR TOKENS

Blockchain networks are subject to technical issues, network congestion, and third-party risks outside our control. We are not responsible for any losses resulting from blockchain network failures, wallet provider issues, or smart contract vulnerabilities.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FACIALDNA AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Loss of cryptocurrency, tokens, or digital assets
• Unauthorized access to or alteration of your data or wallet
• Errors or inaccuracies in AI-generated content
• Any failure or interruption of the Service
• Any matter beyond our reasonable control

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) USD $100 OR (B) THE AMOUNT YOU HAVE PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless FacialDNA AI and its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property, privacy, or other rights
• Any content you generate, upload, or share through the Service
• Any dispute between you and a third party

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in our Privacy Policy.

We collect minimal personal data. Authentication is handled via Web3 wallet signatures. See our Privacy Policy for full details on what data is collected, how it is used, and your rights.

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Post a notice on the platform where practicable
• Announce material changes via our official social channels

Your continued use of the Service after any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service. We encourage you to review these Terms periodically.

These Terms shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties.

If negotiation fails, disputes shall be resolved through binding arbitration in accordance with internationally recognized arbitration rules. Class action lawsuits and class-wide arbitration are waived to the fullest extent permitted by law.

Nothing in this section limits either party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.

If you have questions about these Terms or the Service, please contact us through our official channels:

• Website: facialdna.ai
• dApp: app.facialdna.ai
• Official community channels listed in the website footer

We will make reasonable efforts to respond to inquiries in a timely manner. Please do not share sensitive information (such as wallet private keys) when contacting us.