Privacy Policy

Last updated March 2022

These terms and conditions contain important information about your usage of the Anubis ID system by FaceScan.  You should read these terms and conditions carefully before using the system.

This website is owned and operated by FaceScan, Inc. Your access to anubisid.com will be governed by these terms. By signing up and using this website you irrevocably agree to be bound by these Terms of Use.

We may change these terms at any time. If we do, an amended version of these terms will be linked. Your continued use of the site or participation after any changes are made to the terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the terms, your only remedy is to discontinue your use of the site.

Definitions

Future references in these terms of use will follow the below definitions

Company - FaceScan Inc will be referred to as Company.

Venue - Any business and their respective staff using the Product.

Patron - Any individual who is scanned using our Anubis ID system

Product - Any component of the Anubis ID system, hardware and software.

Scans - Information scanned off a Patrons ID using Product.

Photo - May reference either ID photo or live captured photo for face matching purposes.

Overall Information

Company can aggregate any information gathered from Scans conducted using our Product. We may also use this information for research, marketing, access, licensing, publishing and/or selling, or any legal business purpose. 

Security

Company has implemented technology and security policies, rules and measures to protect the personal information that we have under our control. However, there are inherent and unavoidable risks in transmitting information across the internet.

Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorized access, modification or unauthorized disclosure. We will remove personal information from our system when it is no longer required or we are legally obligated to.

Acceptance of risk and release from liability

Venue is wholly responsible for your use of the Product and do so at your own risk.  Venue acknowledges that Company is not responsible for, and accepts no liability in relation to your usage of our Product in any circumstance.

You agree to indemnify Company for any loss, damage, cost or expense that 

Venue may suffer or incur as a result of or in connection with your use of our Product, including any breach by you of the terms.

To the maximum extent permitted by law, Company excludes all implied representations and warranties which might apply in relation to your use of the Product.

In no circumstances will Company be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or in any way connected to business interruption of any type, whether in Company’s total liability to you in connection with your use of Product shall be limited to zero US$.

Intellectual property

The Product is protected by US and International copyright and other intellectual property laws. Under no circumstances is Venue permitted to reproduce any part of the product or other intellectual property owned by Company.  Additionally Venue must make reasonable efforts to keep Products features confidential only to those who use it for its intended purpose.  Under no circumstances will Venue make Product accessible to any individual or organization who may intend to reverse engineer, steal, or otherwise duplicate any of our hardware, software, code or UI design, or any other aspect of Product.

Links to external websites

This site may contain third party advertisements and links to third party sites. Access to any other Internet site linked to this site is at your own risk and we accept no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party advertisements or on any third party sites.

Responsibilities

Venue is responsible for posting all signs notifying Patrons of their rights

Venue is responsible for ensuring your usage of Product doesn’t violate any laws or ordinances.

Venue understands that all bans issued to Patrons are network wide.  Any abuse of the banning system is strictly prohibited and considered to be a violation of this Terms of Use.  Company will have a zero tolerance policy towards intentional ban system abuse by Venue.  Honest mistakes or errors will not be held against Venue provided that the Venue shows good faith effort to correct any mistakes.

If any part of our system is found to violate any law or ordinance, use of our system must be ceased immediately and Company must be immediately notified.

Company holds no responsibility should be Product produce a false positive or false negative face match of a Patron.  Face matching AI is and always will be improving over time.  In ideal circumstances, face matching accuracy currently exceeds 99.7%. As Product may be used in less than ideal circumstances and since Company has no end control of the actual scanning environment, Company makes no claim to minimum accuracy Venue may expect or experience.

Company holds no responsibility should Product produce false positive or false negative ID fraud check.  Fraud detection algorithms and methodology is constantly being updated and improved.  Each jurisdiction of ID has their own differences in both design and PDF417 encoded data structure and they are constantly changing.  Those who produce fake ID’s are also always updating or improving.  As such, Company will continue to make good faith efforts to keep fraud detection in good working order with the highest accuracy possible in an ever changing landscape.  Should the Venue notice a trend of inaccuracy, it must notify Company immediately so it can be reviewed and corrected.

Venue understands that it remains 100% responsible for ensuring that only those of legal age are allowed to enter the Venue and/or drink. Venue further acknowledges and recognizes that Product is only a tool to help authenticate ID’s and identify troublemakers.  Product is not meant to replace the need for human discretion and review of Patrons eligibility.  

Any licenses related to the sale of alcohol or venues ability to conduct business remain strictly the responsibility of Venue to maintain.

Venue understands that any loss of Products hardware or software due to theft is strictly Venue’s responsibility and that Company will make good faith effort to replace hardware at Venue’s expense and re-secure access to software as quickly as possible.

Company will make good faith effort for maximum uptime of all systems related to Product.  Company does not guarantee minimum uptime nor offer any compensation for downtime to Venue.  

Venue holds responsibility to Accept or Deny Patrons into their establishments and whether they do business with a Patron.  Product only makes Patron related recommendations which can be ignored by Venue.  Company holds no responsibility to the accuracy of positive or negative banned state of a Patron nor who is Accepted or Denied at any Venue.  

If Patrons who Product lists as banned are still allowed in and serviced by Venue, then Company holds no responsibility for any losses incurred.  Additionally, Company holds no liability if Product fails to properly inform Venue of a Patrons banned status.

Product requires internet and WIFI for proper operation.  Venue holds responsibility for maintaining these during usage.  Any router configurations required for proper operation are strictly the responsibility of Venue.

Company provides no guarantee and holds no liability for total data loss including and up to entire account.  Company will make a good faith effort to restore as much as possible in as timely a manner as possible.

While company makes every effort to prevent unwanted intrusions and hacking into the Product, Company holds no liability in the event of successful penetration by outside parties. 

Venue agrees to make every effort to secure Product, both software and hardware, from any unwanted access either in person or through wifi/internet.

If any part of our system is found to violate any law or ordinance, use of our system must be ceased immediately and Company must be immediately notified.

Jurisdiction

This Agreement shall be governed, interpreted, and enforced under the laws of the state of Delaware, without regard to its choice of law rules. The courts of the state of Delaware and federal courts sitting therein shall have exclusive jurisdiction to hear and settle litigation in respect of this Agreement or, subject to the last sentence of this section, any litigation that arises between the parties. In any suit between the parties or their Affiliates; each party hereby consents to receive service of process in any jurisdiction in which it is doing business, including without limitation, the state of its incorporation, provided that such service of process is issued by a federal or state court of general jurisdiction sitting in Delaware. This Section 19 shall not apply in respect of any cross claim brought in any litigation initiated by a person other than a party or one of its Affiliates in a jurisdiction other than Delaware.  If any part of these terms are determined to be unenforceable, the remainder of the terms shall remain intact.  

Indemnification

Venue shall defend, indemnify and hold harmless Company and its officers, employees, and agents against all obligations, demands, claims, and liabilities claimed or asserted by any other party in connection with usage of the Product under this Agreement, or otherwise (including without limitation reasonable attorneys fees and expenses), except for losses caused by Company’s gross negligence or willful misconduct.

Subscriptions

Subscriptions are billed prior to services being rendered.  Company offers no refund for unused subscriptions.  It is the Venue’s responsibility to manage their subscription using the management portal provided within the Product, which includes cancellation of services options.  Only in the event of an extended portal downtime exceeding 72 consecutive hours will exceptions to this policy be reviewed.

Email & SMS

You will receive administrative communications from us using the email address or other contact information you provide for your Anubis account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Anubis account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

Term

The agreement between Venue and Company reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.

Assignment

Venue may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Company’s prior written consent. Company may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

Forces of Nature

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Arbitration

Venue and Company mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Product or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, Venue and Company agree that the arbitrator will decide that issue.