In the last week, people have said that agreeing to FaceApp mobile app terms of service may be like signing a bad recording contract. Do they have good reason?
A lot of the “hoopla” surrounding the FaceApp mobile app has been due to several allegations that the company who designed the FaceApp mobile app is based out of the now quazi-enemy of the United States, Russia. I myself am not so worried about that. I wanna focus on how by your agreeing to FaceApp mobile app terms of service is like signing a bad recording contract, as it has come to my attention that that are giving the people at FaceApp MORE than just an image from your phone.
What is FaceAPP?
From what I can gather, #FaceApp is a smartphone mobile app that allows you to upload photos of yourself that you own onto their server for the purpose of being able to manipulate the aging in your face and/or the whole area of skin that is exposed to the eye of the camera. While researching the mobile app, I’ve seen photos of people with increased and decreased aging. The mobile application wouldn’t be so bad had it not been for the FaceApp mobile app terms of service.
FaceApp Mobile App Terms of Service?
Yes, terms of service. When it comes to mobile apps, they ALL must have what’s called a “terms of service”. The terms of service for a mobile application is pretty much a contract/covenant that you must agree to before gaining access to the app. Therefore, it would be wise to read the terms of service for the FaceApp mobile application. PC Mag defines terms of service as the following:
“The rules a person or organization must observe in order to use a service. Generally legally binding unless it violates federal or local laws, the terms of service agreement (TOS) may change from time to time, and it is the responsibility of the service provider to notify its users of any such change. A website that provides only information or sells a product often does not have terms of service. However, Internet service providers (ISPs) and all websites that store personal data for a user do; in particular, social networking sites, online auctions and financial transaction sites.” PC MAG
Are the FaceApp Mobile App Terms of Service Legally Binding?
Considering that the terms of service is without a shadow of a doubt a contract; yes, the FaceApp Mobile App terms of service are indeed legally binding. Let us look at what the law defines a contract as. Bouvier’s Law Dictionary 6th Edition defines a contract as:
CONTRACT. This term, in its more extensive sense, includes every description of agreement, or obligation, whereby one party becomes bound to another to pay a sum of money, or to do or omit to do a certain act; or, a contract is an act which contains a perfect obligation. In its more confined sense, it is an agreement between two or more persons, concerning something to be, done, whereby both parties are hound to each other, *or one is bound to the other. 1 Pow. Contr. 6; Civ. Code of Lo. art. 1754; Code Civ. 1101; Poth. Oblig. pt. i.c. 1, S. 1, 1; Blackstone, (2 Comm. 442,) defines it to be an agreement, upon a sufficient consideration, to do or not to do a particular thing. A contract has also been defined to be a compact between two or more persons. 6 Cranch, R. 136.(Visited 96 times, 1 visits today)