Terms of Use

FaceTouchUp ("we," "us," or "our") operates the website www.facetouchup.com and related software applications (collectively, the "Service"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and FaceTouchUp governing your access to and use of the Service. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

1. Description of Service

FaceTouchUp provides cosmetic surgery visualization and simulation tools that allow users to upload photographs and generate simulated images of potential cosmetic procedure outcomes. The Service is available as a web-based application, desktop software, and embeddable website widget, and may include AI-powered simulation features. The Service is intended solely as a visualization aid and does not constitute medical advice, diagnosis, or treatment.

2. Account Types

The Service is offered under two distinct account categories, each with different rights, restrictions, and pricing:

  • Patient Accounts (Personal Use): Intended exclusively for individual consumers who wish to explore cosmetic procedure simulations for their own personal, non-commercial purposes.
  • Professional Accounts (Licensed Use): Intended for licensed healthcare professionals, plastic surgery clinics, medical practices, and related businesses that use the Service in a professional, clinical, or commercial capacity.

You must select the account type that accurately reflects your intended use. Misrepresenting your account type or intended use constitutes a material breach of these Terms.

3. Patient Credits — Personal Use Only

Patient credits are a unit of access sold to individual consumers at personal-use pricing. The following restrictions apply strictly and without exception:

  • Patient credits may only be purchased and used by individual consumers for their own personal, non-commercial cosmetic visualization purposes.
  • Patient credits may not be purchased or used by, on behalf of, or for the benefit of any plastic surgeon, cosmetic surgeon, dermatologist, medical aesthetician, healthcare professional, medical practice, clinic, hospital, or any person or entity engaged in providing medical, cosmetic, or aesthetic services in a professional or commercial capacity.
  • Patient credits may not be used to generate simulations for the purpose of patient consultations, marketing materials, clinic demonstrations, sales presentations, or any other revenue-generating or business-related activity.
  • Patient credits may not be shared with, transferred to, or pooled by any third party, including employees, staff members, or agents of a medical practice.

Any healthcare professional, clinic staff member, or any individual affiliated with a medical or cosmetic surgery practice who requires access to the Service's simulation capabilities for professional purposes must obtain a Professional License as described in Section 4 below.

4. Professional License Requirement

If you are a plastic surgeon, cosmetic surgeon, dermatologist, medical aesthetician, or any healthcare professional — or if you are an employee, contractor, agent, or affiliate of a plastic surgery clinic, medical practice, hospital, or any business that provides cosmetic or aesthetic medical services — you are required to obtain a Professional License to use the Service. This requirement applies regardless of whether you intend to use the Service for patient consultations, internal training, marketing, or any other purpose related to your professional activities.

Using patient credits or personal-use access to circumvent the Professional License requirement constitutes a material breach of these Terms. Upon detection of such misuse, FaceTouchUp reserves the right to:

  • Immediately suspend or terminate your account without prior notice or refund.
  • Revoke all unused credits associated with the account.
  • Invoice retroactively at Professional License rates for all usage during the period of misuse.
  • Pursue any additional remedies available under applicable law, including recovery of damages.

5. User Accounts and Registration

Certain features of the Service require you to create an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. FaceTouchUp will not be liable for any loss or damage arising from your failure to protect your account information.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Using the Service for any unlawful purpose or in violation of any applicable law or regulation.
  • Uploading, transmitting, or processing images of individuals without their knowledge and consent.
  • Using the Service to create misleading, deceptive, or fraudulent representations of surgical outcomes.
  • Interfering with, disrupting, or imposing an unreasonable burden on the Service or its underlying infrastructure.
  • Accessing the Service through any automated means, including scripts, bots, scrapers, or web crawlers, except as expressly permitted by us.
  • Attempting to decompile, reverse engineer, disassemble, or otherwise derive the source code of any software used in the Service.
  • Copying, modifying, distributing, selling, or leasing any part of the Service or its content.
  • Framing, mirroring, or embedding the Service or any portion thereof on any third-party website or application without prior written consent.
  • Removing, altering, or obscuring any copyright, trademark, or other proprietary notices from the Service.
  • Misrepresenting your identity, account type, or affiliation with any person or entity.

7. Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, logos, icons, images, and the selection and arrangement thereof, is the exclusive property of FaceTouchUp and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited license to use it in accordance with these Terms.

You retain ownership of any photographs you upload to the Service. By uploading images, you grant FaceTouchUp a limited, non-exclusive license to process those images solely for the purpose of providing the simulation features you have requested. This license terminates when the processing is complete or your session ends, whichever occurs first.

8. Image Data and User Content

Images uploaded to the web-based simulator are processed within your browser using client-side technology and are not transmitted to our servers unless you use features that explicitly require server-side processing (such as AI-powered simulations). When server-side processing is required, images are handled temporarily and are deleted after processing unless otherwise stated.

You represent and warrant that you have all necessary rights and consents to upload and process any image you submit through the Service, and that your use of such images does not violate any third party's rights, including privacy and publicity rights.

9. Payment and Billing

Certain features of the Service require payment, including the purchase of patient credits or Professional Licenses. All fees are stated at the time of purchase and are charged in US dollars unless otherwise specified. Payments are processed through third-party payment providers, and you agree to abide by their terms of service.

All purchases of credits are final and non-refundable, except where required by applicable law. Credits have no cash value, are non-transferable, and expire in accordance with the terms stated at the time of purchase. FaceTouchUp reserves the right to modify pricing at any time; however, changes will not affect credits already purchased.

10. Medical Disclaimer

THE SERVICE IS A VISUALIZATION TOOL ONLY. SIMULATED IMAGES ARE APPROXIMATIONS AND DO NOT REPRESENT, GUARANTEE, OR PREDICT ACTUAL SURGICAL OUTCOMES. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CONSULTATION.

Actual surgical results depend on numerous factors including individual anatomy, the skill and judgment of the treating physician, healing characteristics, and other variables beyond the control of FaceTouchUp. You should always consult with a qualified, board-certified physician before making any decisions about cosmetic procedures. FaceTouchUp expressly disclaims any liability for decisions made based on simulations generated by the Service.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FACETOUCHUP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FaceTouchUp does not warrant that the Service will be uninterrupted, timely, secure, or error-free, that the results obtained from the Service will be accurate or reliable, or that any defects in the Service will be corrected.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FACETOUCHUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

IN NO EVENT SHALL FACETOUCHUP'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO FACETOUCHUP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless FaceTouchUp and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; (d) your misuse of patient credits or misrepresentation of your account type; or (e) any content you upload, submit, or transmit through the Service.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Without limiting the foregoing, we may terminate your account immediately if we reasonably believe that you have violated these Terms, including but not limited to misuse of patient credits for professional purposes, misrepresentation of your account type, or engagement in prohibited conduct.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability. Any unused credits will be forfeited upon termination for cause and will not be refunded.

15. Age Requirements

The Service is directed solely to individuals who are of the age of majority in their jurisdiction and who can form legally binding contracts under applicable law. By using the Service, you represent and warrant that you meet these requirements. The Service may not be used by persons under the age of 16. If you are between 16 and the age of majority in your jurisdiction, you may use the Service only with the involvement of a parent or legal guardian who agrees to be bound by these Terms.

16. Third-Party Services and Links

The Service may contain links to or integrations with third-party websites, services, or applications that are not owned or controlled by FaceTouchUp. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk, and you should review the applicable terms and privacy policies of any third-party services you access.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of such courts.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features of the Service, constitute the entire agreement between you and FaceTouchUp regarding your use of the Service. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and FaceTouchUp with respect to the Service.

20. Modifications to Terms

FaceTouchUp reserves the right to modify these Terms at any time at its sole discretion. When we make material changes, we will update the Terms on this page. Your continued use of the Service after any such modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for any changes. If you do not agree to the modified Terms, you must discontinue your use of the Service.

21. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us.