Terms of Service

Critical notice: FaceSwap AI provides AI generation tools as a technological service only. We are not responsible for any content created, shared, or distributed by users through or with the aid of our platform. Users bear full legal, moral, and civil responsibility for all content they generate, upload, or publish. Misuse of this platform may constitute a criminal offence under applicable laws.

1.1 Age Requirement. You must be at least 18 years of age to use FaceSwap AI. By using the Platform, you represent and warrant that you are 18 or older. We do not knowingly permit minors to register or use our services. Accounts found to belong to minors will be immediately terminated and all data deleted.

1.2 Account Accuracy. You agree to provide accurate, current, and complete information during registration and to keep this information updated. Providing false information, including false identity details, is a violation of these Terms and may result in immediate account termination.

1.3 Account Security. You are solely responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately at support@faceswapai.in if you suspect any unauthorised use of your account. We are not liable for any loss or damage resulting from unauthorised access to your account due to your failure to safeguard your credentials.

1.4 One Account Per Person. Each user may maintain only one account. Creating multiple accounts to circumvent bans, credit limits, or any other restrictions is strictly prohibited and will result in all associated accounts being permanently banned.

FaceSwap AI provides the following AI-powered tools:

• Face Swap: Swap faces between images using AI.
• Video Face Swap: Replace faces in video files frame by frame.
• Image to Image: Transform images using Google Gemini AI.
• AI Style Transfer: Apply artistic styles to photos.
• Text to Image: Generate images from text prompts.
• Image to Video: Animate a still image into a video using WAN 2.2.

These tools are provided for legitimate entertainment, creative, artistic, and personal use only. We reserve the right to modify, suspend, or discontinue any feature at any time without notice.

Credits. Use of each AI tool consumes credits. Credits are non-transferable, have no cash value, and expire in accordance with your plan. Unused credits do not roll over unless specified in your plan. Credits may not be refunded except as expressly stated in Section 8 (Refunds).

3.1 Full Legal Responsibility. You are entirely and solely responsible for all content you upload, process, or generate using FaceSwap AI. This includes but is not limited to the images, videos, prompts, and outputs associated with your account. FaceSwap AI is a neutral technology provider and bears no responsibility whatsoever for the nature, content, legality, or consequences of any user-generated content.

3.2 Consent Requirement. Before uploading any image or video containing a person's likeness, you must have obtained explicit, prior, informed consent from every identifiable person depicted. This includes:

• Photos or videos of friends, family members, colleagues, or acquaintances
• Images sourced from social media, dating apps, or any public or private online source
• Images of public figures, celebrities, or politicians
• Images from any dataset, stock library, or third-party source

Uploading images of real people without their explicit consent for the purpose of face swapping, deepfake creation, or any other manipulation is a serious violation of these Terms and may constitute a criminal offence.

3.3 Absolutely Prohibited Content. You must never use FaceSwap AI to create, process, or distribute:

• Non-Consensual Intimate Imagery (NCII / Deepfake Porn): Any sexual or intimate content featuring a real person without their explicit consent. This is illegal in many jurisdictions and will result in immediate account termination and mandatory reporting to law enforcement.
• Child Sexual Abuse Material (CSAM): Any sexual or suggestive content involving minors, real or AI-generated. This is a serious criminal offence. We operate a zero-tolerance policy and will report all violations to the appropriate authorities, including the National Centre for Missing & Exploited Children (NCMEC) and Indian law enforcement (CBI, NCPCR).
• Disinformation and Propaganda: Fabricated content designed to deceive the public — including fake news, manipulated political content, election interference material, or content designed to incite violence or civil unrest.
• Identity Fraud and Impersonation: Content designed to impersonate real individuals for financial fraud, scams, phishing, or other deceptive purposes.
• Defamation and Harassment: Content designed to damage the reputation, dignity, or mental well-being of any individual or group.
• Hate Speech: Content that promotes or incites hatred, discrimination, or violence based on race, caste, religion, gender, sexual orientation, nationality, disability, or any other protected characteristic.
• Violent and Graphic Content: Realistic simulations of extreme violence, gore, torture, or content that glorifies harm to individuals or groups.
• Content Involving Public Figures Without Consent: Sexually explicit, defamatory, or deliberately misleading content featuring real, identifiable public figures.
• Intellectual Property Violations: Content that infringes upon the copyright, trademark, or other intellectual property rights of any third party.
• Terrorism and Extremism: Content that promotes, glorifies, or assists terrorist activities or extremist ideologies.

3.4 Platform Integrity. You must not attempt to reverse-engineer, scrape, crawl, access via automated bots, stress-test, or otherwise interfere with the operation of the Platform. Attempting to bypass rate limits, content filters, NSFW detection, or other safety mechanisms is strictly prohibited.

3.5 Compliance with Laws. You agree to comply with all applicable laws and regulations, including but not limited to the Indian Penal Code, the Information Technology Act 2000 (India), the POCSO Act 2012 (India), GDPR (if applicable to EU residents), and any other relevant national or international laws regarding digital content, data privacy, and AI-generated media.

4.1 Our IP. The FaceSwap AI name, logo, interface, AI models, underlying code, and all proprietary technology are the exclusive intellectual property of FaceSwap AI and its licensors. You may not copy, reproduce, distribute, or create derivative works from any part of the Platform without our express written permission.

4.2 Your Uploaded Content. You retain ownership of any images or videos you upload. By uploading content, you grant us a limited, temporary, non-exclusive, royalty-free licence to process that content solely to deliver the requested service. This licence terminates when your uploaded file is deleted from our servers.

4.3 AI-Generated Outputs. Subject to compliance with these Terms, outputs generated by you using our Platform ("Generated Content") belong to you. However:

• We do not guarantee that AI-generated outputs are free from third-party intellectual property claims.
• You are solely responsible for determining whether your use of any Generated Content complies with applicable laws and third-party rights.
• We grant no warranty of originality, uniqueness, or non-infringement for any Generated Content.
• We retain a non-exclusive, royalty-free licence to use anonymised Generated Content metadata (not the actual images) for platform analytics and improvement.

4.4 DMCA / Copyright Takedowns. If you believe content on our Platform infringes your intellectual property rights, contact us at legal@faceswapai.in with a detailed notice. We will investigate and remove infringing content in accordance with the DMCA and applicable Indian IT laws.

5.1 Automated Filtering. We employ automated NSFW detection and content moderation filters. These systems are not perfect and may produce false positives or false negatives. The existence of automated filters does not reduce your responsibility for the content you generate.

5.2 Human Review. Our moderation team may review flagged content. By using the Platform, you consent to your content being reviewed by our moderation staff for the purposes of safety and policy enforcement.

5.3 NSFW Content. Our platform includes a strict NSFW content policy. Content generated or classified as NSFW is subject to review. Generating NSFW content of real, identifiable people without confirmed consent will result in immediate account termination. We maintain an NSFW request review system and may deny, restrict, or moderate NSFW-related generations at our discretion.

5.4 Enforcement Actions. For violations of these Terms, we may take the following actions at our sole discretion, without prior notice:

• Issue a warning
• Temporarily suspend your account
• Permanently ban your account without refund
• Delete all content associated with your account
• Report the violation and associated data to law enforcement
• Pursue civil damages or injunctive relief

5.5 Reporting Violations. If you encounter content that violates these Terms, please report it immediately to abuse@faceswapai.in.

To the fullest extent permitted by applicable law, FaceSwap AI expressly disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Platform will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, quality, or reliability of AI-generated outputs
• Warranties that generated content is original, unique, or free of third-party intellectual property claims
• Warranties that the Platform is free of viruses or other harmful components

AI models may produce unexpected, inaccurate, biased, or inappropriate results. We do not warrant the suitability of any Generated Content for any specific purpose, commercial or otherwise.

7.1 No Liability for User Content. FaceSwap AI is a technology platform, not the author, editor, or publisher of user-generated content. We expressly disclaim all responsibility and liability for:

• Any harm, damage, or legal consequences arising from content created using our Platform
• Any harm to third parties whose likenesses were used without consent
• Any financial loss, reputational damage, or emotional distress caused by user-generated content
• Any infringement of third-party intellectual property rights by Generated Content
• Any unlawful use of the Platform by users

7.2 Aggregate Liability Cap. To the fullest extent permitted by law, FaceSwap AI's total aggregate liability to you for any claim arising from your use of the Platform shall not exceed the total amount you paid to us in the 3 months preceding the event giving rise to the claim. This cap applies regardless of the form of action (contract, tort, or otherwise).

7.3 Exclusion of Consequential Damages. In no event shall FaceSwap AI be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including loss of profits, loss of data, loss of reputation, or service interruption — even if we have been advised of the possibility of such damages.

7.4 User Indemnification. You agree to indemnify, defend, and hold harmless FaceSwap AI, its founders, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform; (b) your Generated Content; (c) your violation of these Terms; (d) your violation of any third party's rights, including rights of privacy, publicity, or intellectual property; or (e) any harm caused to a third party by content you created using our tools.

7.5 Force Majeure. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including server outages, cyberattacks, natural disasters, government action, or third-party service failures.

8.1 Pricing. Subscription plans and credit packages are priced in Indian Rupees (INR) and are subject to applicable taxes, including GST. Prices may change with 30 days' prior notice.

8.2 Subscriptions. Paid plans (Pro and Studio) are billed monthly on the same date as initial purchase. Subscriptions auto-renew unless cancelled at least 24 hours before the renewal date. Cancellation takes effect at the end of the current billing period; you retain access until then.

8.3 No Refund Policy (General). All purchases of credits and subscription plans are final and non-refundable, except as described below. Credits have no cash value.

8.4 Exceptions to No-Refund Policy. A refund may be considered (at our sole discretion) if:

• You were charged in error due to a confirmed technical fault on our end
• You have not used any credits since purchase and request a refund within 24 hours
• Your account was terminated by us without cause

Refund requests must be submitted to billing@faceswapai.in with your order ID and reason. Accounts banned for policy violations are not eligible for refunds.

8.5 Failed Payments. If a payment fails, access to paid features will be suspended until payment is resolved. We are not liable for any loss of work or credits due to payment failure.

Your use of the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your information as described therein.

10.1 By You. You may delete your account at any time from your account settings or by contacting support@faceswapai.in. Deletion terminates your access and results in deletion of your gallery content in accordance with our data retention policy.

10.2 By Us. We may suspend or terminate your account immediately, with or without notice, for:

• Any violation of these Terms
• Suspected fraudulent activity
• Generation of prohibited content
• Abuse of the platform or its systems
• Legal requirements or court orders

10.3 Effect of Termination. Upon termination, your access to the Platform ceases immediately. Any credits or subscription balance remaining will be forfeited without compensation for accounts terminated due to policy violations. Sections 3, 4, 6, 7, and 12 of these Terms survive termination.

11.1 Platform Changes. We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, including features, pricing, availability, and AI models. We will endeavour to give reasonable notice of material changes.

11.2 Terms Changes. We may update these Terms from time to time. If changes are material, we will notify you by email or prominent platform notice at least 7 days before they take effect. Your continued use after the effective date constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you must discontinue use and may request account deletion.

12.1 Governing Law. These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.

12.2 Jurisdiction. You agree that any dispute arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the competent courts in India.

12.3 Informal Resolution. Before initiating formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at legal@faceswapai.in. We will use reasonable efforts to address the issue within 30 days.

12.4 Applicable Laws (Reference). Your use of the Platform may involve obligations under, among others:

• Information Technology Act, 2000 (India)
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
• Digital Personal Data Protection Act, 2023 (India)
• Protection of Children from Sexual Offences (POCSO) Act, 2012
• Indian Penal Code, 1860 (as applicable)
• Copyright Act, 1957 (India)
• GDPR (for EU/EEA residents)

13.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and FaceSwap AI regarding your use of the Platform and supersede all prior agreements.

13.2 Severability. If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

13.3 Waiver. Our failure to enforce any right under these Terms does not constitute a waiver of that right.

13.4 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations freely.

13.5 No Partnership. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and FaceSwap AI.

13.6 Language. These Terms are written in English. In the event of any conflict between a translated version and the English version, the English version shall prevail.

For questions, legal notices, or support requests, contact us at: