ImageShield.AI Terms & Conditions

EFFECTIVE: FEBRUARY 14, 2025

1.               Introduction ImageShield.ai Photo Find Application Terms of Use

Welcome to ImageShield.ai. This website ("Website" or "Site") is owned and operated by ImageShield, LLC ("we," "us," "our," or "ImageShield"). These Terms of Use ("Terms") apply to your use of our Website and the products and services offered on the Site (together, the "Services"). This ImageShield site is specifically for the use of the ImageShield.ai Photo Find Application application.

Your use of our Site means that you accept and agree to these Terms of Use IN ADDITION TO THE GENERAL TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF ANY IMAGESHIELD PRODUCTS OR SERVICES, found at https://www.imageshield.com/terms-and-conditions. If you do not agree to these Terms or our Privacy Policy, do not use or access the Site.

You must be 18 years or older and the age of majority in your place of residence to register for our Services. ImageShield Products and Services are not directed to children under the age of 13. If you are a child under 13, please do not use this Site.

2.               Applicability to Global Users.

This Application is available worldwide. Users are responsible for ensuring compliance with all applicable laws and regulations, including privacy laws in their jurisdiction. Specific provisions for compliance with laws in the European Union, United Kingdom, China, Brazil, Australia, Japan, Singapore, India, Canada, and other nations are included in these Terms, where applicable. Additionally, state laws may require specific compliance by Us or by users. All parties will comply with such laws, as applicable.

3.               Definitions

a.      Application: ImageShield.ai Photo Find Application and its related software or services.

b.     User Content: Images, data, and any other materials uploaded to the Application by users.

c.      Derivative Works. Outputs generated by the Application, including metadata, enhanced images, or facial recognition results.

d.     Prohibited Content: Any content that violates applicable laws or the rights of others, including explicit, harmful, or deceptive material.

e.      Biometric Information is as defined under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14.

4.               Scope of Services

Our software application leverages advanced facial recognition technology and artificial intelligence (AI) to analyze and identify individuals in photographs or other images taken during conferences, public events, or similar activities. The services provided include the following:

a.      Visual Identification: The application uses facial recognition algorithms to detect and match faces within photos or images against a pre-existing database of images collected from event registrants, participants, or other authorized sources. This process is designed to identify individuals based upon facial features and patterns.

b.     Image Processing: Our platform processes the images you upload or that are captured during events to analyze facial data, enabling the identification of individuals. This includes cropping, scaling, and enhancing images to optimize the accuracy of the recognition process.

c.      Sharing: The results of identification, including the recognized faces and associated information (such as names, roles, or affiliations), may be shared with authorized event organizers, participants, or other designated parties for purposes such as networking, event coordination, or personalized interactions. All data sharing will comply with privacy policies and data protection regulations, ensuring that individuals' personal data is handled responsibly.

5.               Data Retention and Deletion

Identified images and personal data are stored for a limited period, strictly for the purposes defined in the service. Users have the right to request the deletion of their data from the system in accordance with applicable data privacy laws.

6.               User Responsibilities

a.      As a user of this ImageShield.ai Photo Find Application Application, you are responsible for ensuring that your use of the platform complies with all applicable laws, regulations, and terms of use in your jurisdiction. This includes, but is not limited to, compliance with data protection laws (such as the General Data Protection Regulation (GDPR) in the European Union or the California Consumer Privacy Act (CCPA) in the United States), privacy laws, and any specific legal requirements regarding the use of facial recognition technology. You must not use the application for any purpose that is unlawful, unauthorized, or violates the rights of any individual, including but not limited to the unauthorized collection or use of personal data.

b.     Additionally, you are responsible for ensuring the accuracy and legality of any data you provide to ImageShield. This includes any images, metadata, or other personal data that you upload or input into the system. You must ensure that you have obtained all necessary permissions from individuals whose images, likenesses, or personal data you upload, and that their data is used in accordance with applicable privacy laws and regulations. You are prohibited from submitting fraudulent, misleading, or inaccurate data, and must promptly update or correct any information that becomes inaccurate. ImageShield is not responsible for any consequences arising from inaccurate or improperly submitted data, and users may be held accountable for any damages, legal claims, or penalties resulting from non-compliance.

 

7.               Use of Images of Children and Prohibition of Pornographic Content

a.      Users of our software application are strictly prohibited from uploading, sharing, or processing images that involve children under the age of 18, unless explicit, informed consent has been obtained from a legal guardian or parent in accordance with applicable laws. ImageShield adheres to stringent requirements for the responsible use of facial recognition technology and will not process or store any images that depict children in inappropriate, illegal, or harmful contexts. Additionally, any content containing explicit or pornographic material, whether involving adults or minors, is strictly prohibited. The uploading of such images may result in immediate suspension of access to the platform, legal action, and cooperation with law enforcement authorities.

b.     In accordance with various international laws, our platform complies with mandatory reporting requirements for images that may involve child sexual abuse or exploitation. Under U.S. law, specifically the Protect Our Children Act and Child Protection and Obscenity Enforcement Act, ImageShield is required to report any suspected child exploitation material to the National Center for Missing and Exploited Children (NCMEC). Similarly, under the General Data Protection Regulation (GDPR) in the European Union, ImageShield must report any unlawful content related to minors or exploitative material to relevant authorities. In Canada, the Criminal Code and the Child Sexual Exploitation Prevention Act mandate the reporting of suspected child exploitation. For users in Australia, compliance with the Criminal Code Act 1995 requires mandatory reporting of child abuse material. Chinese law under the Cybersecurity Law also obligates platforms to report suspected child exploitation content to authorities. In Brazil, the Statute of the Child and Adolescent and other regulations similarly require mandatory reporting of child pornography or exploitation material to relevant authorities. All users are expected to adhere to these laws in their jurisdiction, and failure to do so may result in the immediate removal of the user's access and reporting of improper images to the appropriate authorities.

8.               Content Ownership and Licensing

a.      Ownership of User-Uploaded Content. Users retain ownership of the images and data they upload to the platform, including all rights, title, and interest in such content, subject to the terms and conditions set forth these Terms. By uploading content, users grant ImageShield a limited, non-exclusive, royalty-free, worldwide license to store, process, and use the uploaded content solely for the purpose of providing facial recognition and image processing services as described herein. This license is strictly limited to lawful and ethical use cases and does not permit any activities that involve generating deepfakes, altered images, or other derivative works that may misrepresent individuals or violate privacy rights. Users remain fully responsible for ensuring their use of the platform complies with all applicable laws and ethical standards.

b.     Terms for Derivative Works Created by the Application. ImageShield may generate derivative works in the course of analyzing and processing uploaded images, such as identifying metadata, enhanced images, or machine-generated matches. These derivative works are the exclusive property of ImageShield. Users assign all rights, title, and interest in such derivative works to ImageShield, unless explicitly granted otherwise in writing. ImageShield strictly prohibits any use of its services or derivative works to create, distribute, or commercialize deepfakes, manipulated content, or images intended to deceive, harm, or violate the rights of individuals. Unauthorized use of derivative works, particularly for purposes that are unethical or unlawful, constitutes a breach of these Terms.

c.      Limitations on User Rights to Commercialize Derivative Works. Users are prohibited from commercializing or selling derivative works created by ImageShield without explicit prior consent. This includes any use of facial recognition results, metadata, or enhanced images generated by the application. Commercial use includes, but is not limited to, selling, licensing, distributing, or using such works in advertisements, promotional materials, or other activities for financial gain. Users are further prohibited from using ImageShield's outputs for generating synthetic or manipulated content, including deepfakes or AI-generated representations that mislead, defame, or violate privacy. Any violation of this provision will result in immediate termination of access to the platform and potential legal action.

d.     Third-Party Rights in the Image Database. ImageShield's image database may include third-party content, such as images provided by event organizers or other individuals, which are subject to the intellectual property rights of their respective owners. Users are responsible for ensuring that their uploaded content and use of the platform do not infringe upon third-party intellectual property, privacy, or moral rights, including the right to object to derogatory or deceptive treatment of their works.

e.      Inappropriate Use. Users agree not to use any third-party content processed through the application to create manipulated, deceptive, or inappropriate images including, but not limited to, deepfakes. ImageShield disclaims liability for any infringement or misuse arising from user actions and requires users to indemnify and hold ImageShield harmless from any resulting claims or damages.

9.               Updates and Modifications

a.      ImageShield reserves the right to update, modify, or amend these Terms and Conditions or any features of the application at any time. Users will be notified of significant changes via email or an in-app notification at least 15 days before the updates take effect. Minor or non-material changes may take effect immediately without notice. Continued use of the application after any update constitutes acceptance of the revised terms.

b.     User Obligations to Review Changes. Users are responsible for regularly reviewing the Terms and Conditions to stay informed of updates. The most current version of the terms will always be available on the application's website. Failure to review changes does not absolve users of their obligation to comply with the updated terms.

10.            Account Suspension and Termination

a.      Conditions for Suspending or Terminating Accounts. ImageShield reserves the right to suspend or terminate user accounts, without liability, under the following conditions:

i.       Violation of these Terms and Conditions.

ii.     Engagement in illegal or unethical activities through the application.

iii.   Use of the platform to create, distribute, or promote prohibited content including, but not limited to, deepfakes or deceptive images.

iv.   Non-payment of applicable fees or subscription charges, if any.

v.     Actions that compromise the security, functionality, or integrity of the application.

b.     Procedures for Contesting Account Actions. Users whose accounts are suspended or terminated may contest the decision by submitting a written appeal within 15 days of notification. Appeals should include a detailed explanation of the issue and any relevant supporting documentation. ImageShield will review the appeal and provide a final decision within 30 days. ImageShield's decision will be binding and conclusive.

11.            Dispute Resolution

a.      Governing Law and Jurisdiction. These Terms and Conditions are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Any legal disputes not resolved through arbitration will be subject to the exclusive jurisdiction of the state and federal courts located in Virginia.

b.     Arbitration. All disputes arising out of or in connection with these Terms and Conditions, including disputes regarding the validity, breach, or termination thereof, shall be finally resolved by binding arbitration under the rules of the American Arbitration Association (AAA). The arbitration will be conducted in English in Fairfax County, Virginia. Each party will bear its own costs, and the arbitrator's decision will be final and binding. To the extent that special provisions of a nation's laws require other dispute resolution procedures, those provisions shall control.

12.            Liability and Indemnification

a.      Disclaimer of Warranties for Application Functionality. The application is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. ImageShield disclaims all warranties including, but not limited to, merchantability, fitness for a particular purpose, and non-infringement. ImageShield does not guarantee that the application will be error-free, secure, or uninterrupted.

b.     Limitation of Liability for Damages. To the maximum extent permitted by law, ImageShield's liability for any damages arising from or related to the use of the application will be limited to the greater of $100 or the total fees paid by the user in the 12 months preceding the claim. ImageShield will not be liable for indirect, incidental, consequential, or punitive damages, even if advised of the possibility of such damages.

c.      User Indemnification Obligations. User agrees to indemnify, defend, and hold harmless ImageShield, its officers, employees, and affiliates from and against any claims, damages, or expenses arising out of:

i.       User-uploaded content or use of the application in violation of these Terms.

ii.     Any third-party claims alleging intellectual property infringement, privacy violations, or other wrongful acts related to user activities.

iii.   Breach of these Terms or applicable laws by the user.

13.            Miscellaneous Provisions

a.      Severability. If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

b.     Force Majeure Clause. ImageShield will not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet outages, or governmental actions.

c.      Entire Agreement. These Terms and Conditions constitute the entire agreement between the user and ImageShield regarding the use of the application, superseding any prior agreements, communications, or understandings, whether written or oral.

14.            Special Terms Related to National, State, Provincial, and Local Privacy Laws

a.      These terms are specifically designed to ensure compliance with the privacy laws of countries around the world including, but not limited to, the European Union's General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).

b.     User Consent. By using the Application, you confirm that:

                          i.          You provide explicit, informed, and freely given consent for the collection, processing, and storage of personal data, including any biometric data derived from submitted images.

                        ii.          You understand that you may withdraw your consent at any time by contacting us at:

ImageShield, LLC
10560 Main Street, Suite 519
Fairfax, VA 22030 USA
support@imageshield.com

c.      Data Processing Purposes. We collect and process your personal data solely for the purpose of providing the services offered by the Application. This may include:

i.       Analyzing and identifying images as per your request.

ii.     Improving and enhancing the functionality of the Application.

iii.   Complying with legal and regulatory obligations.

d.     Lawful Basis for Data Processing. Under the applicable privacy law, the lawful bases for processing your data include:

i.       Consent: Your explicit consent is required for the processing of biometric data.

ii.     Performance of a Contract: The processing is necessary to provide the services you request through the Application.

iii.   Legitimate Interests: Processing for internal analytics and service improvement, provided it does not override your privacy rights.

e.      User Responsibilities. As a user of the Application, you agree to:

i.       Submit only images to which you have lawful rights or permissions.

ii.     Avoid uploading images containing sensitive or illegal content, including images of third parties without their consent.

iii.   Provide accurate and up-to-date information when required for account creation or service use.

f.      Data Retention and Deletion. Your personal data, including biometric data, will be retained only for as long as necessary to fulfill the purposes outlined in this policy. Specifically:

i.       Images and biometric data will be deleted within three years] after your last use of the Application or upon your request.

ii.     Any other personal data will be retained in accordance with our legal obligations or until you request its deletion. Where required by law any residual data will be securely destroyed in compliance with the applicable Data Protection Law and applicable local requirements.

g.     User Rights Under Laws Applicable to Residents or Citizens of Individual Countries. As a resident or citizen of certain countries, you have the following rights[i]:

i.       Right of Access: You may request a copy of your personal data and details on how it is processed.

ii.     Right to Rectification: You may request correction of inaccurate or incomplete data.

iii.   Right to Erasure ("Right to Be Forgotten"): You may request deletion of your data, subject to certain exceptions under the GDPR.

iv.   Right to Restrict Processing: You may request that we limit processing of your data under specific circumstances.

v.     Right to Data Portability: You may request to receive your data in a structured, commonly used, and machine-readable format.

vi.   Right to Object: You may object to data processing based upon legitimate interests, direct marketing, or profiling.

vii.  Right to Withdraw Consent: You may withdraw your consent for data processing at any time.

h.     Data Transfers Outside the Country of Your Residency or Citizenship. If your personal data is transferred outside the country of your residency or citizenship (or as applicable, the European Economic Area (EEA)), we will ensure appropriate safeguards are in place to protect your data, such as standard contractual clauses or reliance upon adequacy decisions by the European Commission.

i.       Security Measures. We employ industry-standard technical and organizational measures to safeguard your personal data from unauthorized access, loss, or misuse. However, no system can be completely secure, and you acknowledge this inherent risk.

j.       Third-Party Sharing. Your personal data will not be sold, leased, or otherwise disclosed to third parties except:

i.       When necessary to provide the services you request (e.g., cloud service providers).

ii.     When required by law or lawful government requests.

iii.   With your explicit consent.

iv.   To trusted service providers who assist in delivering the Application's services, and only under strict confidentiality obligations.

k.     Liability and Indemnity. We strive to ensure compliance with GDPR and the security of your personal data. However, to the fullest extent permitted by law:

                          i.          We disclaim liability for indirect or consequential damages arising from your use of the Application.

                        ii.          You agree to indemnify us for any claims or damages resulting from your misuse of the Application or breach of these terms.