The short version. Veilum is a phone app that covers faces in photos you already have. By using it you agree to a few things: that you have the right to enroll the people you enroll, that you'll review every covered photo before sharing it, that our total liability to you is capped, and that you'll resolve any dispute with us by individual arbitration unless you opt out within 30 days. Details below.

1. Agreement

By installing, opening, or using Veilum (the "App"), you agree to these Terms of Use ("Terms") and to our Privacy Policy. If you don't agree, don't install or use Veilum.

2. Who we are

Veilum is operated by Elixirly, LLC. "We," "us," and "Veilum" mean Elixirly, LLC.

3. Who can use Veilum

You must be at least 13 years old to use Veilum, and at least 18 (or the age of majority where you live) to agree to these Terms on your own. If you are between 13 and the age of majority, you may use Veilum only with the permission and supervision of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. Veilum is not intended for children under 13.

4. License to use the App

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use Veilum on devices you own or control, for your own personal, non-commercial use, subject to these Terms and any rules set by Apple's App Store or Google Play.

5. Your photos, your responsibility

You are responsible for the photos you choose to cover with Veilum, the people you choose to enroll, and the photos you choose to share after using Veilum.

For every person you enroll in Veilum, you represent and warrant that one of the following is true:

• that person is you; or
• you are the parent or legal guardian of that person and they are a minor in your custody; or
• you have that person's express permission to create a face embedding of them and to use Veilum to cover their face in photos you may share.

You also represent and warrant that you have the right to use, modify, and share each photo you process with Veilum.

6. How face recognition works, and its limits

Veilum's face recognition runs on your phone and uses a numerical embedding to compare faces. It is not perfect. It can fail to recognize an enrolled person, mistakenly recognize someone you didn't enroll, or place a sticker imperfectly.

You are responsible for reviewing every covered photo before you share it. Veilum makes no warranty that it will detect every face, that any warning it shows about a possibly-missed face will be accurate, that any face it does cover will remain covered after the photo is edited, recompressed, or otherwise processed by another app or service, or that a sticker cannot be removed or worked around by a third party.

7. Acceptable use

You agree not to use Veilum:

• to harass, threaten, intimidate, deceive, or harm any person, including any person whose face you enroll;
• to create, store, or distribute child sexual abuse material, non-consensual intimate imagery, or any other unlawful content, or to obscure faces in any such content;
• to obscure faces in photos for the purpose of facilitating, concealing, or escaping responsibility for any criminal act;
• to enroll the face of any person who has not given you permission to do so, except your own minor child in your custody, or yourself;
• for any commercial purpose, including by redistributing Veilum's stickers, illustrations, models, or weights outside the App;
• to reverse-engineer, decompile, disassemble, extract models or weights from, or otherwise attempt to derive the source code of any part of Veilum, except to the limited extent that applicable law expressly permits despite this restriction;
• to bypass, interfere with, or disrupt the App, the app stores, or any security feature.

We may suspend or terminate your access to Veilum at any time if we reasonably believe you've violated this section, including by issuing an update that disables specific functionality on your device.

8. Intellectual property

Veilum's stickers, illustrations, code, models, brand, and trademarks are owned by us or our licensors. We grant you a license to use them inside the App as the App intends. Your photos remain entirely yours; we claim no license or other right to them.

9. Apple and Google

You access Veilum through Apple's App Store or Google Play, each of which has its own terms. If there is a conflict between these Terms and an app store's terms with respect to your relationship with that store, the app store's terms govern that relationship. Apple and Google are intended third-party beneficiaries of these Terms for the limited purpose of enforcing them against you if you violate them.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT IT WILL DETECT EVERY FACE; OR THAT ANY COVERED FACE WILL REMAIN COVERED AFTER THE PHOTO LEAVES THE APP.

Some jurisdictions don't allow the exclusion of certain warranties, so parts of this section may not apply to you.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100), REGARDLESS OF THE BASIS OF THE CLAIM.

Some jurisdictions don't allow the limitation of certain damages, so parts of this section may not apply to you. The limits above apply to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold us, along with our officers, employees, and agents, harmless from any claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

• your use of the App;
• your violation of these Terms;
• any face you enrolled or photo you processed without the right to do so; and
• any claim brought by a person whose face you enrolled or whose photo you used, including any claim under any biometric-privacy law, right-of-publicity law, or other privacy or image-rights law.

13. Disputes: arbitration and class waiver

Please read this section carefully. It affects your legal rights.

Informal resolution first. Most disputes can be resolved without a lawsuit. Before filing any formal claim, you agree to first email us at [email protected] with a description of the dispute and give us at least 60 days to try to resolve it informally.

Binding individual arbitration. If we can't resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App, including their formation, breach, termination, validity, interpretation, or enforceability, will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration will be held in Greenville, South Carolina, or by phone or video if you prefer. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction. Either party may instead bring an individual action in small-claims court if it qualifies.

YOU AND WE AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE USERS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

30-day opt-out. You can opt out of this section by emailing [email protected] within 30 days of first installing Veilum (or, for users who already use Veilum when these Terms first apply, within 30 days of that date) with your name, a device identifier or email you'd like associated with the opt-out, and a clear statement that you want to opt out of arbitration. If you opt out, this section won't apply to you, but the rest of these Terms will.

This section survives termination of these Terms. If a court holds any part of this section unenforceable, the rest of the section will continue to apply, except that if the class-action waiver is held unenforceable as to a particular claim, the entire Disputes section will be void only as to that claim.

14. Governing law and venue

These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws principles. To the extent any dispute is not subject to arbitration, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Greenville County, South Carolina, and waive any objection to that venue.

15. Termination

You can stop using Veilum at any time by uninstalling it. We can suspend or terminate your access to all or any part of Veilum at any time, with or without notice, if we reasonably believe you've violated these Terms or to protect the App, our users, or third parties. The sections of these Terms that by their nature should survive termination, including Sections 5, 6, 8, and 10 through 18, will survive.

16. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we'll show you a notice inside the App and update the "Last updated" date above before the change takes effect. Your continued use of Veilum after a change takes effect means you accept the updated Terms. If you don't accept them, your only remedy is to stop using Veilum.

17. Export and sanctions

You represent that you are not located in, and are not a national or resident of, any country subject to a US government embargo or designated by the US government as a "terrorist-supporting" country, and that you are not on any US government list of restricted or denied parties.

18. Miscellaneous

• Severability. If any provision of these Terms is held invalid or unenforceable, the rest of these Terms remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms or transfer your rights under them. We may assign them to a successor in connection with a merger, acquisition, or sale of assets, on notice to you.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the App and supersede any prior agreement on the same subject.
• Force majeure. We are not liable for delays or failures caused by events outside our reasonable control.
• Headings. Section headings are for convenience only and don't affect the meaning of these Terms.

Contact

General: [email protected] · Privacy: [email protected] · Legal notices: [email protected]