FaceJam Terms of Service

Effective Date: December 22, 2025

Last Updated: December 22, 2025

These Terms of Service ("Terms") govern your access to and use of the FaceJam website, applications, and related services (collectively, the "Service"). The Service is operated by Desta Ventures LLC ("Desta," "FaceJam," "we," "us," or "our").

By creating an account, purchasing credits, downloading or using our app, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Company Information & Contact

Company: Desta Ventures LLC

Address: 2035 Sunset Lake Road Newark, DE 19702

Support: support@alcamine.com

Website: facejam.co

2. Important Notes About the Service

FaceJam is a "photo-booth style" generative media product. The Service allows you to:

Upload photos to create and train one or more personalized "Avatars" (for yourself or others with permission).

Browse and run curated "Experiences" (templates/presets for generating images/videos).

Generate "Creations" (images/videos) using credits.

Store and manage your Avatars and Creations.

Optionally share certain Creations with limited audiences (e.g., groups), where available.

The Service uses machine learning and generative technology. Outputs may be unpredictable, may contain errors, and may look similar to outputs generated for other users.

3. Eligibility

You must be at least 18 years old to use the Service.

By using the Service, you represent and warrant that:

You are at least 18.

You have not been suspended or banned from the Service (unless we explicitly allow you back).

Your use of the Service will comply with all applicable laws and these Terms.

If you are using the Service on behalf of a business or other entity, you represent and warrant you have authority to bind that entity, and "you" includes that entity.

4. Account Registration & Security

4.1 Account Creation

You may register via third-party sign-in providers (e.g., Apple or Google). You agree to provide accurate information and keep your account information up to date.

4.2 Account Responsibility

You are responsible for all activity under your account, including any uploads, generations, purchases, and sharing. Notify us immediately at support@alcamine.com if you suspect unauthorized access.

4.3 Third-Party Accounts

If you sign in using Apple, Google, or other providers, your use of those services is governed by their own terms and policies. We are not responsible for third-party services.

4.4 Dormant Never-Converted Accounts

If you create an account but do not make a purchase and do not create any content, we may treat that account as dormant. We may send a final warning using the contact method available on the account and permanently close and delete the account and its associated data if you do not complete your purchase or otherwise become active within the stated notice period.

5. Definitions

"Avatar": A personalized model, embedding, or configuration trained from user-provided images or data representing a subject (e.g., a person, pet, or object).

"Experience": A preset or template used to generate Creations (e.g., tuned prompts, styles, settings, image/video configuration, output count).

"Creation": An image or video output generated by running an Experience with one or more Avatars and or inputs.

"Credits": A non-currency, digital unit used to access generation features in the Service.

"User Content": Any content you submit to the Service, including photos, images, videos, prompts, text, metadata, and other materials.

6. Credits, Purchases, and Billing

6.1 Credits Are Required for Generation

Most generation actions require Credits. Each Experience will display (or otherwise communicate) the Credit cost before you run it.

6.2 Onboarding Pack and Other Purchases

The Service may require a one-time onboarding purchase to continue (for example, $9.99 = 1 Avatar + 50 Credits). We may also offer additional credit packs or other paid features.

Pricing, features, and availability may change at any time.

6.3 Credits Have No Cash Value

Credits:

Are not legal tender, not transferable (unless we explicitly allow it), and not redeemable for cash.

Do not constitute property or stored value.

May be revoked or adjusted if obtained through fraud, abuse, chargebacks, or in violation of these Terms.

6.4 No Refunds; Exceptions

All purchases are final and non-refundable to the fullest extent permitted by law, including purchases of Credits, onboarding packs, and generation services.

If you purchase through Apple App Store or Google Play, refunds (if any) are handled by those platforms under their policies.

Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection laws.

6.5 Taxes

You are responsible for all applicable taxes, duties, or charges associated with your purchases, except where we are required to collect them.

6.6 Chargebacks and Payment Disputes

If you initiate a chargeback or payment reversal, we may suspend or terminate your account and or revoke Credits and access, consistent with applicable law.

7. User Content, Consent, and Your Responsibilities

7.1 You Must Have Rights and Permission

You may upload images only if:

You own the content or have all necessary rights and permissions to upload it; and

For any image containing a person, you have that person's express permission to upload, train an Avatar, and generate Creations depicting them.

Do not upload images of anyone who has not clearly consented.

7.2 No Minors

You may not upload images depicting minors for the purpose of generating Avatars or Creations, and you may not attempt to create or generate sexualized or exploitative content involving minors. We may remove content and report to authorities as required by law.

7.3 Sensitive Content and Special Categories

You are responsible for ensuring your uploads and usage comply with all laws, including laws relating to privacy, biometrics, publicity rights, and data protection.

7.4 Prompts and Inputs

You are responsible for any text prompts or instructions you submit. Do not submit prompts that violate these Terms or applicable laws.

8. Acceptable Use and Prohibited Conduct

You agree not to:

Use the Service for any unlawful purpose or in violation of any law.

Create, upload, generate, share, or use content that is:

Non-consensual intimate imagery (including deepfakes),

Sexually explicit content involving minors (or any sexual content involving minors),

Harassing, threatening, hateful, or discriminatory,

Defamatory or invasive of privacy,

Fraudulent or intended to mislead (e.g., impersonation or identity deception),

Infringing on intellectual property or other rights.

Use the Service to impersonate any person or entity, including by generating images or videos likely to confuse others about identity or endorsement.

Reverse engineer, decompile, or attempt to extract source code or underlying models (except to the extent prohibited by law).

Scrape, crawl, or use automated means to access the Service in a way that burdens or disrupts it, unless we expressly allow it.

Circumvent rate limits, security controls, paywalls, or credit mechanisms.

Interfere with the Service's operation, integrity, or security.

We may investigate violations and may suspend or terminate accounts at our discretion, consistent with applicable law.

9. AI-Generated Outputs and Disclaimers About Results

9.1 No Guarantee of Accuracy or Similarity

Generative outputs are probabilistic and may be inaccurate, unrealistic, or undesirable. We do not guarantee:

The output will match real-world facts,

The output will resemble the subject as expected,

The output will be unique, or

The output will meet your expectations.

9.2 Similar Outputs for Different Users

You understand that the Service may generate similar or identical results for you and other users.

9.3 Your Use and Sharing

You are responsible for how you use and share Creations, including ensuring you comply with laws (advertising, endorsements, election laws, IP, privacy, and publicity rights) and platform rules (social networks, marketplaces, etc.).

10. Ownership and Licenses

10.1 Your Ownership of User Content

As between you and us, you retain any rights you have in your User Content, subject to the licenses you grant in these Terms.

10.2 License You Grant to Us (To Operate the Service)

You grant Desta a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, modify, and use your User Content only as needed to:

Provide the Service (including training your Avatar and generating Creations),

Maintain and secure the Service (e.g., abuse detection, fraud prevention, troubleshooting),

Enforce these Terms and comply with legal obligations.

10.3 Training and Model Improvement

We use your uploaded images and Creations to train your Avatars and to generate your Creations.

We will not use your private uploaded images or private Creations to train or improve a general-purpose model for other users unless:

You opt in (where such an option is offered), or

We use data that is de-identified or aggregated such that it does not reasonably identify you or the subject, consistent with applicable law.

10.4 Ownership of Creations

To the extent permitted by applicable law and subject to third-party rights and your compliance with these Terms, you own your Creations generated through the Service.

However:

We do not transfer ownership of the Service, underlying software, or models.

Your ownership does not imply exclusivity; others may receive similar outputs.

10.5 Our Ownership of the Service

We (and our licensors) own all rights in and to the Service, including software, models, training methods, experiences (except user-created experiences), design, trademarks, and all related IP.

10.6 Feedback

If you provide suggestions, ideas, or feedback, you grant us a perpetual, worldwide, royalty-free license to use it without restriction or compensation.

11. Experiences, Voting, and Curation

Experiences may be curated, ranked, removed, or changed at any time.

Voting (upvote and downvote) and favoriting are provided "as-is" and may be used to inform ranking, but we do not guarantee any particular ranking outcome.

We may remove Experiences that violate these Terms or that we believe create safety, legal, or reputational risk.

12. Privacy, Visibility, and Sharing

12.1 Private by Default

Creations are private by default. We do not display your Creations in a public feed unless you explicitly share them through Service features.

12.2 Sharing (Including Groups)

If you share a Creation (e.g., into a group or with other users), you acknowledge:

Others may view, copy, screenshot, download, or re-share it outside the Service.

We do not have any ability to control how others use your User Content.

12.3 Deletion

We may provide tools to delete Avatars and Creations. Deletion may not remove copies stored in backups for a limited period, or content retained to comply with legal obligations, resolve disputes, or enforce agreements.

13. Biometric Information Notice (If Applicable)

Some jurisdictions treat face geometry or embeddings used for recognition or generation as "biometric identifiers" or "biometric information."

By uploading images for Avatar training, you (and any subject whose images you upload) consent to:

The collection and processing of facial features or embeddings derived from those images for the purpose of providing the Service (Avatar training and generation).

We do not sell or lease biometric identifiers.

Retention and Destruction: We will retain biometric identifiers or embeddings only as long as necessary to provide the Service or for legitimate business purposes, and we will permanently destroy them when you delete your account, when we close and delete a dormant unpaid account after notice, or earlier if required by law or if you request deletion and it is feasible and lawful.

14. Copyright Complaints (DMCA)

If you believe content on the Service infringes your copyright, you may submit a notice consistent with the U.S. Digital Millennium Copyright Act ("DMCA") to:

DMCA Agent - Desta Ventures LLC

2035 Sunset Lake Road Newark, DE 19702

Email: support@alcamine.com (Subject: "DMCA Notice")

Your notice should include:

Identification of the copyrighted work,

Identification of the allegedly infringing material,

Your contact information,

A statement of good-faith belief,

A statement under penalty of perjury, and

Your physical or electronic signature.

We may remove content and or terminate repeat infringers, as appropriate.

15. Suspension and Termination

15.1 Termination by You

You may stop using the Service at any time. You may request account deletion as provided in the Service or by contacting support.

15.2 Termination or Suspension by Us

We may suspend or terminate your access to the Service (including your account, Avatars, Creations, and Credits) if we believe you:

Violated these Terms,

Created risk or possible legal exposure,

Used the Service fraudulently or abusively, or

Failed to pay or initiated chargebacks.

We may also discontinue the Service or any feature at any time.

15.3 Effect of Termination

Upon termination, your right to use the Service ends. You may lose access to Avatars, Creations, and Credits, subject to any non-waivable legal requirements.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE, DESIRABLE, OR MEET YOUR NEEDS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

DESTA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT WILL DESTA'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF:

THE AMOUNTS YOU PAID TO DESTA FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR

$100 USD.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless Desta, its affiliates, and their officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service,

Your User Content (including any lack of consent or rights),

Your violation of these Terms or applicable law, or

Your infringement or violation of any third-party rights (including privacy, publicity, or IP rights).

19. Dispute Resolution, Arbitration, and Class Action Waiver

This section affects your legal rights. Please read carefully.

19.1 Informal Resolution First

Before filing a claim, you agree to contact us at support@alcamine.com and provide a brief description of the dispute and your contact information. We will try to resolve the dispute informally.

19.2 Binding Arbitration

Except for disputes that qualify for small claims court or requests for injunctive relief related to IP or misuse of the Service, you and Desta agree to resolve disputes through binding, individual arbitration rather than in court.

19.3 No Class Actions

You and Desta agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

20. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules.

If a dispute is permitted to proceed in court (for example, if arbitration is found unenforceable), you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, unless applicable law requires otherwise.

21. Export Controls and Sanctions

You may not use the Service if you are located in a jurisdiction subject to U.S. embargoes or if you are prohibited from receiving the Service under U.S. or other applicable export control or sanctions laws. You agree to comply with all applicable export and sanctions laws.

22. Changes to These Terms

We may update these Terms from time to time. Updated Terms are effective when posted. You are responsible for reviewing them, and your continued use of the Service after changes become effective means you accept the updated Terms.

23. App Store and Platform Terms

If you access the Service through Apple App Store or Google Play:

Those platforms may have additional rules that apply to you.

Apple and Google are not responsible for the Service, its content, or support (to the fullest extent permitted by law).

Any claims relating to the app should be directed to Desta, not Apple or Google.

24. Miscellaneous

Entire Agreement: These Terms (and any policies linked in the Service, such as a Privacy Policy) are the entire agreement between you and Desta about the Service.

Severability: If any provision is unenforceable, the remaining provisions remain in effect.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, or asset sale.

No Waiver: Failure to enforce a provision is not a waiver.

Headings: Headings are for convenience only.

Contact

Questions about these Terms? Contact us at support@alcamine.com.

Desta Ventures LLC
2035 Sunset Lake Road
Newark, DE 19702