Terms of Use
Last Updated: 2025.10.08
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Spicy Trading Limited, a company registered in Hong Kong, operating under the brand name Facewish ("Company," "we," "us," or "our"). These Terms govern your access to and use of the Facewish website at facewish.com, including all content, functionality, and services offered (the "Service").
Please read these Terms carefully before using the Service. By registering for, 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 may not access or use the Service.
1. The Service
1.1. Description
The Facewish Service provides users with (i) design tools for the customization of digital greeting cards and invitations, and (ii) an AI-powered feature that allows for the integration of user-submitted facial images into card templates, creating a personalized "Face Library."
1.2. Permitted Use
You may only use the Service for your personal, non-commercial use, as permitted by these Terms.
1.3. User Eligibility
The Service is offered only to individuals who are 18 years of age or older, or the age of majority in their jurisdiction, and who can form legally binding contracts. By using the Service, you represent and warrant that you meet these eligibility requirements.
2. Your Account
2.1. Registration
To access most features of the Service, you must register for an account ("Account").
2.2. Account Security
You agree to provide accurate and complete registration information and to keep this information updated. You are solely responsible for all activity that occurs under your Account and for maintaining the confidentiality of your password. You must notify us immediately at support@facewish.com of any breach of security or unauthorized use of your Account.
3. User Content & The Face Library
3.1. General
"User Content" refers to any data, information, text, graphics, photos, or other materials you upload, post, or transmit using the Service. This includes the photos you upload for processing and the AI-generated face cutouts stored in your personal "Face Library."
3.2. Your Responsibility
You retain all rights to your User Content. By submitting User Content, you represent and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all intellectual property rights in and to your User Content, including any photos of individuals.
- You have obtained explicit consent from any identifiable individual in a photo to use their likeness in accordance with our Service, including processing by our AI and storage in your Face Library.
- Your User Content does not infringe upon the rights of any third party.
3.3. License You Grant to Us
To operate the Service, you grant us a worldwide, royalty-free, sublicensable license to use, host, store, reproduce, modify, and display your User Content, but only to the extent necessary to (i) provide, maintain, and improve the Service, (ii) perform the AI face-integration via our third-party provider, and (iii) maintain your Face Library.
3.4. Prohibited Content
You agree not to upload, post, or transmit User Content that is illegal, infringing, defamatory, obscene, harassing, invasive of privacy, or otherwise objectionable. We reserve the right to remove any User Content at our sole discretion.
4. Intellectual Property
4.1. Our Intellectual Property
The Service, including its "look and feel," all templates, designs, text, graphics, pictures, information, and software, are the exclusive property of Spicy Trading Limited and its licensors and are protected by copyright, trademark, and other laws. Your use of the Service does not grant you any ownership rights to our intellectual property.
4.2. Restrictions
You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.
5. Privacy and Data Protection
Your privacy is important to us. Our collection and use of your personal information, including the processing of photos via our AI provider, Picwish, and the storage of your Face Library, is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Please review it here: Privacy Policy.6. Subscription, Fees, and Payment
6.1. Freemium Model
The Service is offered on a "freemium" model. You can create and send watermarked cards for free. Access to premium features, such as removing watermarks and accessing the full template library, requires a paid subscription ("Subscription").
6.2. Subscription Terms
By purchasing a Subscription, you agree to pay the applicable fees. Subscriptions will automatically renew at the end of each billing cycle unless you cancel your Subscription before the renewal date.
6.3. Cancellation and Refunds
You may cancel your Subscription at any time. Cancellation will take effect at the end of your current billing period. All fees are non-refundable, except as required by applicable Hong Kong law.
6.4. Price Changes
We reserve the right to change our subscription fees at any time. We will provide you with reasonable notice of any fee changes.
7. Third-Party Services
The Service relies on third-party services and APIs, including our AI provider, Picwish, and payment processors. Your use of these third-party services may be subject to their own terms and policies. We are not responsible for the actions or policies of these third parties.
8. Termination
8.1. By You
You may stop using the Service and terminate your Account at any time.
8.2. By Us
We may suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Service will cease immediately. We may permanently delete your Account and all User Content, including your Face Library, after a reasonable period following termination.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SPICY TRADING LIMITED AND ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (I) ONE HUNDRED US DOLLARS ($100) OR (II) THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless Spicy Trading Limited and its affiliates, officers, agents, and employees from any claim, demand, loss, or damage, including reasonable attorneys' fees, arising out of or related to your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any dispute, controversy, or claim arising out of or relating to these Terms shall be first subject to negotiation between the parties. If the dispute cannot be resolved amicably, it shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.
13. Miscellaneous
13.1. Changes to Terms
We may modify these Terms from time to time. We will provide notice of material changes, and your continued use of the Service after such notice constitutes your acceptance of the new Terms.
13.2. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spicy Trading Limited regarding the Service.
13.3. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13.4. Contact Us
If you have any questions about these Terms, please contact us at: support@facewish.com