Last Updated: February 11, 2026
These Terms and Conditions (“Terms”) govern access to and use of the websites, applications, software, APIs, preview features, and related services (collectively, the “Services”) provided by FacialDx, Inc., a Florida corporation (“FacialDx”). By accessing or using the Services, you agree to be bound by these Terms, the Privacy Policy, the Consent Agreement, and, where applicable, the Parental Consent Agreement (collectively, the “Policies”), all of which are incorporated by reference. If you do not agree, do not use the Services.
1. Eligibility and Acceptance
You represent and warrant that:
· You are at least eighteen (18) years of age; or
· You are a minor using the Services solely with valid, verifiable consent of a parent or legal guardian.
Your continued use of the Services constitutes acceptance of these Terms and all incorporated Policies.
2. Order of Precedence
In the event of any conflict:
1. The Privacy Policy governs data practices and consumer rights;
2. Consent Agreements govern permissions and authorizations;
3. The Consumer Health and Data Privacy govern application to Washington and Nevada consumers who interact with us in an individual or household capacity and applies only to personal information defined as “Consumer Health Data” subject to the Washington My Health My Data Act and the Nevada Consumer Health Data Privacy Law.
4. Use Terms govern platform access, use, liability, and enforcement.
3. Nature and Intended Use of the Services
FacialDx provides consent-based, automated facial analysis software intended exclusively for informational, educational, and wellness-related purposes.
The Services:
· Do not provide medical screening, diagnosis, treatment, monitoring, or prediction;
· Are not intended for clinical, therapeutic, or emergency use;
· Do not replace professional medical, psychological, or legal advice.
Outputs reflect generalized pattern analysis and must not be relied upon for health or clinical decisions.
4. No Professional Advice
You agree not to use the Services for medical, diagnostic, or clinical decision-making. Always consult a qualified professional regarding health, legal, or other regulated matters.
5. HIPAA, PHI, and Regulated Health Data
FacialDx is implementing a HIPAA-compliant operating environment and may act as a Business Associate with respect to certain Services, customers, or integrations only where a valid Business Associate Agreement (BAA) is executed.
While we may collect and process information related to your health through the App, please note that we are not a covered entity subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and that HIPAA’s requirements do not apply to the health information we collect and process through the App. The App provides wellness-related insights only and is not intended to diagnose, treat, cure, or prevent any medical condition.
6. User Accounts and Responsibilities
You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. You agree to provide accurate, lawful, and current information.
We may suspend or terminate access to protect users, comply with the law, or enforce these Terms.
7. User Content and Consent
You may submit images, biometric-related data, or other content (“User Content”) only if you have all legal rights and required consents.
By submitting User Content, you:
· Represent that all necessary consents have been obtained;
· Grant FacialDx a limited, revocable, non-exclusive license to process such content solely to provide the Services;
· Acknowledge the use of automated processing technologies.
Ownership of User Content remains with you.
8. Data Security
We employ reasonable administrative, technical, and organizational safeguards appropriate to the nature of the data processed. No system can be guaranteed to be completely secure.
9. Prohibited Uses
You agree not to:
· Use the Services unlawfully, deceptively, or harmfully;
· Reverse engineer or circumvent safeguards;
· Use outputs for medical, diagnostic, surveillance, or eligibility determinations;
· Upload content that infringes third-party rights or violates the law.
10. Intellectual Property
All Services, software, designs, trademarks, and content (excluding User Content) are owned by or licensed to FacialDx and protected by intellectual property laws. No rights are granted except as expressly stated.
11. Subscriptions, Preview Features, and Billing
Certain features require paid subscriptions. Pricing, billing cycles, auto-renewal, and cancellation terms are disclosed at purchase. Payment processing services are provided by Intuit Payments Inc.
Preview or free features may be modified or discontinued at any time. Fees are non-refundable except as required by law.
12. Third-Party Services
The Services may integrate with third-party services. FacialDx is not responsible for third-party content, availability, or practices.
13. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FACIALDX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF DATA OR PROFITS.
15. Indemnification
You agree to indemnify and hold harmless FacialDx and its affiliates from claims arising from your use of the Services or violation of these Terms.
16. Termination
We may suspend or terminate access at any time for violations, misuse, or legal or security risk. Upon termination, all rights to use the Services cease.
17. Changes to These Terms
We may update these Terms periodically. Continued use of the Services after changes become effective constitutes acceptance.
18. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any disputes shall be resolved exclusively in the state or federal courts located within Florida, unless otherwise required by law.
19. Contact Information
Email: contact@facialdx.com Address: 1756 Winfred Drive, Orange Park, FL 32073
20. Entire Agreement
These Terms, together with the Policies, constitute the entire agreement regarding use of the Services and supersede all prior agreements or understandings.
