This End-User License Agreement ("Agreement" or "EULA") is a legally binding contract between you ("Licensee") and By Every Word Productions ("Licensor"). BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING FACETOFACE MEDIA FORENSICS SUITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
This Software is currently designated as BETA software. Beta software is pre-release and may contain errors, bugs, defects, or incomplete functionality. BETA SOFTWARE IS PROVIDED STRICTLY "AS-IS" WITH NO WARRANTIES OF ANY KIND. Use of Beta software in active investigations or legal proceedings is entirely at Licensee's own risk.
Means FaceToFace Media Forensics Suite, including all versions, components, modules, plugins, updates, upgrades, patches, documentation, and any other materials provided by Licensor, whether designated as Beta, release candidate, or production release.
Means the individual, entity, agency, department, or organization that installs, accesses, or uses the Software, including law enforcement agencies, government entities, private investigators, forensic laboratories, and individual users.
Means By Every Word Productions, its owners, officers, employees, contractors, agents, successors, and assigns.
Means the operational mode of the Software that includes chain of custody logging, cryptographic hash verification, tamper-evident audit trails, and automated scientific report generation. Available only in desktop installations.
Means the operational mode providing image enhancement, face comparison, video scanning, and audio forensics capabilities without chain of custody features.
Means any result, score, report, image, analysis, recommendation, finding, comparison, or other output generated by the Software, regardless of the mode of operation.
Means installation and operation of the Software on hardware that is physically isolated from public networks, pursuant to a law enforcement offline registration.
Subject to the terms of this Agreement and timely payment of applicable License fees, Licensor grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software solely for Licensee's internal business purposes on the number of authorized machines specified by the applicable license tier.
Licensee shall NOT:
No output of the Software constitutes a definitive forensic conclusion, expert testimony, determination of authenticity or identity, legal advice, or a substitute for the independent judgment of a qualified forensic examiner.
ALL INVESTIGATIVE OUTPUTS MUST BE INDEPENDENTLY VERIFIED BY A QUALIFIED HUMAN FORENSIC EXPERT BEFORE USE IN ANY INVESTIGATION, PROCEEDING, OR REPORT. Licensee assumes sole and exclusive responsibility for how Investigative Outputs are interpreted, applied, relied upon, presented, or submitted.
The Software incorporates artificial intelligence and machine learning models that may produce incorrect, incomplete, misleading, or statistically erroneous results. AI models operate on probabilistic principles and are not infallible. Investigative Outputs must always be treated as preliminary indicators, not conclusions.
Licensor makes no representation or warranty that any Investigative Output will be admissible in any court, tribunal, or administrative proceeding. Admissibility is determined exclusively by applicable rules of evidence and the presiding authority.
USE OF BETA SOFTWARE IN ANY INVESTIGATIVE, EVIDENTIARY, LEGAL, OR PROFESSIONAL CONTEXT IS AT LICENSEE'S SOLE AND EXCLUSIVE RISK. Beta software has not undergone complete validation testing.
By using the Software in connection with any law enforcement investigation, Licensee acknowledges that all Investigative Outputs require independent verification; the Software is a supplementary tool only; Licensee's agency bears sole responsibility for use of outputs in any investigation or proceeding; and air-gapped licenses expire after twelve (12) months and must be renewed.
The Software and all Investigative Outputs shall NOT be used as the sole basis for any arrest, detention, prosecution, charging decision, warrant application, civil enforcement action, employment or disciplinary decision, or evidentiary conclusion. All Investigative Outputs must be independently corroborated by qualified human professionals using accepted forensic methodologies.
No action relating to this Agreement may be brought by Licensee more than one (1) year after the event giving rise to such action or claim first arose.
Licensee acknowledges that the limitations of liability set forth in this Article reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties.
Licensee shall defend, indemnify, and hold harmless Licensor and its owners, officers, employees, contractors, agents, successors, and assigns from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
The Software and all related intellectual property rights are and shall remain the sole and exclusive property of Licensor. This Agreement does not convey to Licensee any ownership interest in the Software.
The Software incorporates third-party open-source components under their respective licenses. ALL THIRD-PARTY COMPONENTS ARE PROVIDED "AS IS" PURSUANT TO THEIR RESPECTIVE OPEN-SOURCE LICENSE TERMS. LICENSOR MAKES NO WARRANTIES REGARDING THE PERFORMANCE, SECURITY, ACCURACY, OR RELIABILITY OF ANY THIRD-PARTY COMPONENT.
If Licensee provides any suggestions or feedback regarding the Software, Licensee hereby grants Licensor a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback without restriction or compensation.
The desktop Software processes all media, evidence files, and Investigative Outputs locally on Licensee's hardware. No evidence files, images, audio, or video are transmitted to Licensor or any third party during normal operation.
For online license validation, the Software may transmit non-personally-identifiable machine fingerprint data and license key identifiers solely for license verification. Air-Gapped deployments perform all validation offline and transmit no data.
Information submitted via the law enforcement application process is collected and retained solely for license management and compliance verification. Licensor shall not sell or disclose this information to third parties except as required by law.
The online subscription version may process uploaded files on Licensor's servers. Users of the online version should NOT upload classified, sensitive, privileged, or chain-of-custody-critical evidence to the online platform.
Licensee is solely responsible for ensuring that its collection, processing, storage, analysis, and use of all media, biometric identifiers, facial imagery, audio recordings, and personal information complies with all applicable laws, regulations, warrants, court orders, consent requirements, and privacy obligations.
Licensee assumes sole responsibility for compliance with all applicable biometric privacy laws, including but not limited to: the Illinois Biometric Information Privacy Act (BIPA); the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA); the General Data Protection Regulation (GDPR); and any applicable state, federal, or international privacy or surveillance law.
Licensor does not provide legal advice regarding privacy, surveillance, biometric collection, evidentiary handling, or regulatory compliance. Licensee is solely responsible for obtaining independent legal counsel regarding all compliance obligations.
Licensee represents and warrants that Licensee has obtained all legally required permissions, warrants, authorizations, notices, or consents necessary for processing any data or biometric information through the Software.
Law enforcement Licensees represent and warrant that all evidence submitted to the Software has been lawfully obtained pursuant to applicable legal authority. Licensor shall have no liability for any unlawful collection, processing, or use of evidence.
This Agreement is effective upon Licensee's acceptance and continues until terminated in accordance with this Article.
Air-Gapped Law Enforcement licenses automatically expire twelve (12) months from the date of issuance. Upon expiration, the Software will cease to function in licensed mode. Licensee must submit a renewal application to obtain a new activation. Licensor is not responsible for any disruption to operations caused by license expiration.
Licensor may terminate this Agreement immediately upon written notice if Licensee breaches any provision of this Agreement, uses the Software in connection with illegal activity, reverse engineers or circumvents any security mechanism, or fails to pay applicable license fees.
Upon termination or expiration, Licensee must immediately cease all use of the Software and destroy all copies in Licensee's possession or control.
While it is the sincere desire and focused intent of By Every Word Productions that FaceToFace Media Forensics Suite be genuinely useful to investigators and forensic professionals, Licensor expressly does not retain or accept liability for the use of Investigative Outputs in any context, including criminal investigations or prosecutions, civil litigation or administrative proceedings, law enforcement operations or decisions, intelligence or national security applications, or any other legal, professional, or official proceeding of any kind.
By Every Word Productions, all contributors to the Software, all third-party model authors, and all open-source licensors are expressly and collectively released from any and all liability arising from the use of, reliance upon, or errors produced by the Software or its AI components, to the maximum extent permitted by applicable law.
Licensee assumes a non-delegable duty to independently verify all AI-generated outputs through qualified human expert review before relying on such outputs for any investigative conclusion, professional judgment, or official action. Failure to perform such independent verification shall be deemed an assumption of all associated risk by Licensee.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Any dispute shall first be subject to good-faith negotiation for not less than thirty (30) days. If unresolved, disputes shall be submitted to binding arbitration administered by JAMS in Yuba County, California. If binding arbitration is prohibited by law for a governmental entity, such dispute shall be brought exclusively in a state or federal court in California. Licensor may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.
This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes all prior agreements, negotiations, representations, and understandings relating to its subject matter.
Licensor reserves the right to modify this Agreement at any time. Continued use of the Software following notice of modification constitutes acceptance of the modified terms.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Licensee shall comply with all applicable export control laws and regulations. Licensee represents that it is not located in any country subject to U.S. export embargo.
Licensee represents and warrants that Licensee is not located in or subject to comprehensive U.S. economic sanctions administered by OFAC, identified on any U.S. government restricted-party list, or acting on behalf of any prohibited person or entity.
If Licensee is a U.S. government entity, the Software is provided as "Commercial Computer Software" as defined in FAR 2.101. Use, reproduction, or disclosure is subject to the restrictions set forth in this Agreement.
Questions regarding this Agreement should be directed to:
By Every Word Productions
byeverywordproductions@gmail.com
byeverywordproductions.com/f2f