Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and identifind ("identifind," "we," "us," or "our"). They govern your access to and use of the identifind service at https://identifind.ai and any related applications and features (the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Important — please read carefully. Section 13 ("Dispute resolution") requires individual binding arbitration of most disputes between you and identifind, and waives your right to participate in a class action or to a jury trial. You have a 30-day opt-out window from your initial acceptance of these Terms. The opt-out procedure is in Section 13.

1. What the Service is

identifind helps runners find photos of themselves from running-club events. Photographers and club organizers upload event photos to the Service; if you have enabled face matching, the Service compares the faces in those photos to your reference face and surfaces matches on your personal photo page.

The Service has three primary user roles:

• Members — runners who use the Service to find photos of themselves.
• Photographers — individuals authorized by a club to upload event photos.
• Organizers — individuals who administer one or more clubs on the Service and authorize photographers.

Some Terms apply only to a specific role; the role-specific Terms are identified where they appear.

2. Who can use the Service

You must be at least 18 years old to use the Service. By accepting these Terms you represent that you meet this minimum age. The Service is not directed to anyone under 18 and we do not knowingly permit anyone under 18 to use it.

You must have the legal capacity to enter into a binding contract in your jurisdiction. If you are using the Service on behalf of an organization (for example, a running club), you represent that you have authority to bind that organization.

You must comply with all laws applicable to your use of the Service.

3. Your account

You create an account through our identity provider, Clerk, using a magic-link email sign-in or any other sign-in method we offer. You are responsible for keeping your sign-in email secure and for all activity on your account.

You agree to provide accurate registration information and to keep it current. You may not impersonate anyone, use anyone else's account, or share your account with anyone else without our written authorization.

If you suspect unauthorized access to your account, contact us at legal@identifind.ai promptly.

4. Acceptable use

You may use the Service only for its intended purpose: discovering, viewing, and managing photos of yourself from running-club events, and (for photographers and organizers) uploading and managing photos of club events for the benefit of the participants.

You may not:

• Use the Service to violate any law or any third party's rights, including intellectual-property, privacy, publicity, or contract rights.
• Upload, post, or transmit any content that is illegal, harassing, defamatory, obscene, or that you do not have the right to upload.
• Upload photos depicting individuals who have not consented to the photographs being taken in a context where consent is required by law.
• Attempt to access, derive, extract, or reverse-engineer biometric information about any person other than yourself, including by uploading photos for the purpose of identifying individuals who have not enabled face matching on the Service.
• Use the Service for surveillance, identity verification outside the Service, law-enforcement investigation, profiling, advertising targeting, or any other purpose that is not the intended purpose of the Service.
• Use any automated system, bot, scraper, or other means to access the Service except through interfaces we provide and authorize.
• Probe, scan, or test the vulnerability of the Service, breach security or authentication measures, or interfere with the Service's operation.
• Sell, rent, lease, or sublicense access to your account or to any part of the Service.
• Use the Service to develop a competing product or service.

We may, in our reasonable discretion, suspend or terminate access for any user who violates this Section 4, after notice where notice is reasonable under the circumstances. For violations that present an immediate risk to other users or to the Service, suspension may be immediate.

5. Biometric information and face matching

Face matching is an opt-in feature. You may choose to enable or decline it at sign-up, and you may revoke your consent at any time from your /settings page.

When you enable face matching, you give your specific, separate, written consent at sign-up through an affirmative-action checkbox adjacent to verbatim consent language. The verbatim text you agreed to is preserved with your consent record.

Our Privacy Policy describes in detail what biometric information we collect, the specific purpose for which we collect it, how long we retain it, the third-party processor that performs the matching, and how you may revoke your consent. The Privacy Policy is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy concerning the handling of biometric information, the Privacy Policy controls.

Revoking your consent will trigger deletion of your face vector and your reference selfie within a commercially reasonable period (target: thirty days). You can revoke at any time. Revocation does not affect any matches that have already been made and added to your personal photo page; you may separately delete those matches.

6. Your content

The Service allows you to upload content, including a reference selfie (members) and event photos (photographers and organizers). Collectively, the things you upload are your "Content."

Ownership. You retain ownership of your Content. We do not claim any ownership of your Content.

License you grant to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and process your Content solely to operate, provide, and improve the Service for you and (in the case of event photos) for the members of the clubs to which those photos are uploaded. This license terminates when you delete the Content or your account, except to the extent we retain copies as part of routine backups, as required by law, or as needed to defend legal claims.

Your representations about your Content. You represent and warrant that you own or have the necessary rights to upload, store, and share your Content through the Service for the purposes described in these Terms; for event photos uploaded by photographers or organizers, that you have the right to take and share the photos, you have obtained any consents required by law from the people depicted, the photos do not infringe any person's intellectual-property, privacy, or publicity rights, and you have authority from the relevant club to upload them on behalf of the club; and that your Content does not contain any unlawful, infringing, or harmful material.

Reference selfie. Your reference selfie is biometric information governed by Section 5 and by the Privacy Policy. We use it only as described there.

Removal. We may remove Content that we reasonably believe violates these Terms, infringes a third party's rights, or is otherwise unlawful or harmful. Where reasonable, we will notify you of any removal and give you an opportunity to respond.

7. Clubs and roles

Clubs. A club on the Service is a group of runners associated with a real-world running club or event series. Organizers warrant that the club they create or administer is real, that they have authority to act on its behalf, and that they will use the Service consistent with the club's own rules and applicable law.

Photographers. Photographers may only upload photos to clubs that have authorized them. A photographer who has been deauthorized must stop uploading and may not access club galleries except as a member.

Organizers. Organizers may add and remove photographers, manage club settings, and remove photos uploaded to their club's galleries. Organizers must respect the rights of members, including responding promptly to takedown or removal requests from members depicted in a photo.

Member control over their own depictions. Any member depicted in a photo on the Service may request removal of that photo from their personal photo page, regardless of who uploaded it. Organizers and photographers are expected to honor reasonable removal requests as a matter of policy; we may also remove the photo from the system in appropriate circumstances.

8. Intellectual property

Service. The Service, including all software, design, text, graphics, and other materials we provide (excluding your Content and other users' Content), is owned by identifind or our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.

Trademarks. "identifind" and our logos are our trademarks. You may not use them without our prior written consent, except to refer to the Service descriptively.

Feedback. If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

9. Third-party services and links

The Service uses third-party services as subprocessors, as described in our Privacy Policy. The Service may also link to third-party websites and resources. We are not responsible for third-party websites or services we do not control, and your use of them is governed by their own terms.

10. Copyright complaints — DMCA

If you believe that content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA). To be effective, your notice must include:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing and reasonably sufficient information to permit us to locate it.
4. Your contact information.
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner.

Send DMCA notices to legal@identifind.ai with the subject line "DMCA Notice." We may also receive notices through our registered DMCA agent at the U.S. Copyright Office.

We will respond to valid notices in accordance with the DMCA. We will terminate, in appropriate circumstances, the accounts of users we determine to be repeat infringers.

If you believe content of yours was removed in error, you may submit a counter-notice under 17 U.S.C. §512(g) using the same contact information.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

WE DO NOT WARRANT THAT FACE MATCHING WILL FIND EVERY PHOTO OF YOU, THAT IT WILL NOT RETURN PHOTOS THAT DO NOT DEPICT YOU, OR THAT IT WILL BE AVAILABLE AT ALL TIMES OR FREE FROM ERROR. FACE MATCHING IS A PROBABILISTIC PROCESS AND WE PROVIDE IT AS A CONVENIENCE TO HELP YOU LOCATE PHOTOS, NOT AS AN AUTHORITATIVE STATEMENT OF IDENTITY.

WE DO NOT WARRANT THE QUALITY, ACCURACY, OR APPROPRIATENESS OF CONTENT UPLOADED BY OTHER USERS, INCLUDING EVENT PHOTOS.

NOTHING IN THIS SECTION LIMITS ANY WARRANTY OR REMEDY THAT APPLICABLE LAW DOES NOT PERMIT US TO DISCLAIM.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR OFFICERS, EMPLOYEES, AGENTS, OR SUBPROCESSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, IN THE AGGREGATE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100).

Carve-outs. Nothing in this Section 12 limits liability for our gross negligence, willful misconduct, or fraud; any liability that arises under a statute we cannot contractually disclaim, including the Illinois Biometric Information Privacy Act and other biometric-information statutes; our indemnification obligations expressly stated in these Terms (none as of this version); or any other liability that applicable law does not permit us to limit.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the exclusions and limitations above apply only to the maximum extent permitted by law.

13. Dispute resolution — individual binding arbitration

Read this section carefully. It affects your legal rights.

Informal dispute resolution first. Before initiating any arbitration or court proceeding, you and we agree to try in good faith to resolve any dispute informally by emailing legal@identifind.ai with a clear description of the dispute and the relief you seek. You and we will negotiate in good faith for at least sixty (60) days from the date the notice is received before initiating a formal proceeding.

Agreement to arbitrate. You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Service, or our relationship (collectively, "Disputes") will be resolved by individual binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (https://www.adr.org). The arbitrator's award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Arbitration procedure. The arbitration will be conducted by a single arbitrator. The arbitration will take place in your county of residence in the United States or, at your option, by telephone, video, or written submissions only. AAA's consumer-arbitration fee schedule applies; we will pay any portion of the filing fee that exceeds what you would pay to file a claim in court.

Class-action and jury-trial waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate or join more than one person's claims and may not preside over any form of representative or class proceeding. You and we expressly waive any right to a jury trial.

California public-injunctive-relief carve-out. Notwithstanding the agreement to arbitrate, claims for public injunctive relief that cannot be waived under applicable California law may be brought in court of competent jurisdiction in accordance with California law. The remainder of this Section 13 continues to apply to all other Disputes.

Carve-outs. This Section 13 does not apply to small-claims-court actions, which either party may bring in lieu of arbitration if the claim qualifies; or actions to enforce or protect intellectual-property rights, which either party may bring in court of competent jurisdiction.

Coordinated arbitrations. If twenty-five (25) or more substantially similar arbitration demands are made by claimants represented by the same or coordinated counsel, you and we agree that AAA will administer the demands in coordinated batches of no more than fifty (50) at a time, with selection of bellwether cases by mutual agreement or, failing agreement, by AAA. The remaining demands will be stayed pending the bellwethers. This batching procedure is intended to make resolution efficient while preserving each claimant's right to individual arbitration.

30-day opt-out. You may opt out of this Section 13 by emailing legal@identifind.ai with the subject line "Arbitration Opt-Out" within thirty (30) days of your initial acceptance of these Terms. Your email must include your name and the email address associated with your account. Opting out does not affect any other provision of these Terms.

Severability. If any portion of this Section 13 is found unenforceable, the unenforceable portion will be severed and the remainder will continue to apply, except that if the class-action waiver is found unenforceable with respect to a particular claim or in a particular jurisdiction, that claim must be brought in court of competent jurisdiction and the rest of this Section 13 will not apply to that claim.

Survival. This Section 13 survives termination of these Terms and of your account.

14. Governing law and venue

These Terms and any Dispute (including Disputes addressed by Section 13's arbitration agreement, except as to procedural matters governed by AAA's rules) are governed by the laws of the State of Washington, without regard to its conflict-of-laws principles. To the extent any Dispute is brought in court despite Section 13, you and we agree that the exclusive venue is the state and federal courts located in King County, Washington, and you and we consent to the personal jurisdiction of those courts.

15. Termination

By you. You may stop using the Service at any time. You may delete your account from your /settings page or by emailing privacy@identifind.ai.

By us. We may suspend or terminate your access to the Service if you breach these Terms, if we reasonably believe doing so is necessary to protect other users or the Service, or if we are required to do so by law. Where reasonable under the circumstances, we will give you notice and an opportunity to cure.

Service discontinuation. We may discontinue the Service, in whole or in part, with reasonable advance notice.

Effect of termination. When your account is terminated, we will delete or de-identify your personal information as described in our Privacy Policy. The following provisions survive termination: 5 (Biometric information, as to retention and post-revocation obligations), 6 (license you grant to us, only as to copies retained as permitted by the Privacy Policy), 8 (Intellectual property), 10 (DMCA), 11 (Disclaimers), 12 (Limitation of liability), 13 (Dispute resolution), 14 (Governing law and venue), and 17 (Miscellaneous).

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top and, for material changes, we will give you advance notice through the Service or by email. Changes apply prospectively from their effective date. Your continued use of the Service after a change becomes effective constitutes your acceptance of the changed Terms. If you do not agree, stop using the Service before the effective date.

17. Miscellaneous

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and supersede any prior agreements.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions will continue in effect.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, with notice to you.

Force majeure. Neither party is liable for failure or delay caused by events outside its reasonable control.

Notices. We may give notices to you by email to the address on your account or by posting in the Service. You may give notices to us by emailing legal@identifind.ai.

Headings. Section headings are for convenience only and do not affect interpretation.

18. Contact

For legal questions, including DMCA notices and arbitration opt-outs, email legal@identifind.ai. For privacy questions and biometric-consent revocation, see our Privacy Policy.