Terms of Service (Binding Agreement)

1. Acceptance & Clickwrap

This Agreement is a legally binding contract between you (“User,” “you,” “your”) and PublicPreference (“Company,” “we,” “us,” “our”) governing your access to and use of the PublicPreference™ website, applications, features, content, and related services (collectively, the “Service”).

Clickwrap Required. Where the Service presents a checkbox, button, or similar mechanism requiring you to click “I Agree” (or equivalent), you agree that this constitutes a valid electronic signature and acceptance of this Agreement under applicable law.

We may maintain records of your acceptance, including time, date, IP address, user agent, device identifiers, and the Agreement version accepted.

2. Eligibility & Minors

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICE. YOU MAY NOT UPLOAD, POST, OR OTHERWISE PROVIDE ANY CONTENT THAT DEPICTS OR RELATES TO ANY INDIVIDUAL UNDER 18.

We apply a zero-tolerance policy for minors. We may remove content, suspend accounts, and report suspected violations to appropriate authorities (including NCMEC and law enforcement) without notice.

3. User Content Rules (Representations, Warranties, and Releases)

“User Content” includes any image, photo, video, prompt, text, metadata, comment, response, ranking, vote, submission, or other material you upload, post, transmit, or otherwise make available through the Service.

3.1 Identity / Consent Requirement

YOU MAY UPLOAD CONTENT ONLY IF (A) YOU ARE THE IDENTIFIABLE PERSON DEPICTED, OR (B) YOU POSSESS EXPLICIT, INFORMED, WRITTEN CONSENT AND A RELEASE FROM EVERY IDENTIFIABLE PERSON DEPICTED.

Such consent and release must authorize: public display; evaluation, ranking, and commentary by third parties; processing, storage, and analysis by the Company; and potential processing as described below. You agree to provide proof upon request.

3.2 No Illegal / Harmful Content

You represent and warrant your User Content and conduct will not:

• Contain CSAM, minors, or any exploitative, abusive, or illegal material.
• Contain non-consensual intimate imagery or content involving sexual exploitation.
• Defame, harass, stalk, threaten, or invade the privacy of any person.
• Violate any intellectual property, privacy, publicity, or biometric privacy right.
• Include sensitive identifiers (government IDs, financial account numbers) or doxxing information.
• Promote illegal activity or contain malware, spyware, or harmful code.

3.3 Responsibility for User Content

YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND ALL CONSEQUENCES OF UPLOADING, PUBLISHING, OR SHARING IT, INCLUDING THIRD-PARTY CLAIMS BY PERSONS DEPICTED.

3.4 Residual Identification Risk

While the Service utilizes client-side obfuscation (blurring), User acknowledges that "Total Anonymity" is not guaranteed. Individuals may remain identifiable through context, clothing, tattoos, or unique environmental factors. User assumes all liability for the upload of imagery where such residual identifiers may exist.

3.5 Disclaimer of Anonymization Efficacy

The client-side blurring feature is provided as a data-minimization tool to assist in compliance. PublicPreference™ does not warrant that the blurring is sufficient to meet specific legal definitions of "anonymization" in all jurisdictions. Users are solely responsible for ensuring their content complies with local privacy laws.

4. License, Derivatives, and Platform Use Rights

By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, distribute, publicly display, perform, translate, adapt, modify, create derivative works from, and otherwise use your User Content:

• To operate, maintain, and improve the Service
• To develop, train, validate, and improve algorithms and machine learning models (including facial analysis, classification, scoring, and safety systems)
• To enforce policies, prevent abuse, and secure the platform
• To market and promote the Service (e.g., screenshots, examples, testimonials), unless you opt out where offered

YOU ACKNOWLEDGE THAT DERIVATIVE DATA (INCLUDING MODELS, WEIGHTS, EMBEDDINGS, FEATURES, AGGREGATES, AND ANONYMIZED/DE-IDENTIFIED OUTPUTS) MAY PERSIST EVEN IF YOU DELETE USER CONTENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6. Assumption of Risk; Waivers; Covenant Not to Sue

YOU ACKNOWLEDGE THAT THE SERVICE INVOLVES PUBLIC DISPLAY AND EVALUATION OF IMAGES AND OPINIONS ABOUT REAL PEOPLE, AND THAT RISKS ARE INHERENT AND MAY BE IRREVERSIBLE.

You voluntarily assume all risks, including reputational harm, emotional distress, economic loss, social/professional consequences, misuse by other users, screenshotting, downloading, redistribution, scraping, model training by third parties, and data breaches.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL CLAIMS AGAINST THE COMPANY ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR USER CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU COVENANT NOT TO SUE THE COMPANY OR PARTICIPATE IN ANY CLAIM OR PROCEEDING AGAINST THE COMPANY RELATING TO THE SERVICE, USER CONTENT, USER EVALUATIONS, OR BIOMETRIC PROCESSING.

7. Platform Neutrality; No Endorsement; Opinion-Only Outputs

The Service provides a platform for user-generated prompts, responses, and rankings. The Company does not endorse, verify, or adopt user content or results.

ALL RANKINGS, RESPONSES, AND OUTPUTS ARE USER OPINIONS ONLY AND MAY BE OFFENSIVE, INACCURATE, BIASED, OR MISLEADING.

YOU AGREE NOT TO RELY ON ANY OUTPUT FOR MEDICAL, LEGAL, FINANCIAL, EMPLOYMENT, HOUSING, OR OTHER HIGH-STAKES DECISIONS.

8. Prohibited Conduct

• Uploading content without required consents/releases.
• Uploading minors or any exploitative content.
• Harassment, defamation, hate, threats, or targeting individuals.
• Automated scraping/crawling, reverse engineering, or interference.
• Vote manipulation, brigading, click farms, or fraudulent participation.
• Impersonation, deception, or misrepresentation of identity or consent.

VIOLATIONS MAY RESULT IN IMMEDIATE TERMINATION, REMOVAL, REPORTING TO AUTHORITIES, AND CIVIL/CRIMINAL REFERRAL.

9. Reports, Complaints, and Takedown

9.1 Defamation/Harassment/Privacy Complaints

Submit notices to: publicpreference.assist@gmail.com

Notices must include: URL/content ID, basis for complaint, your contact info, and a sworn good-faith statement.

9.2 DMCA (Copyright)

Submit DMCA notices to: publicpreference.assist@gmail.com

9.3 Non-Discretionary Removal

THE COMPANY MAY REMOVE OR RESTRICT CONTENT IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY.

10. Privacy Policy (US-First)

10.1 Data We Collect

• Account identifiers (email/username), authentication data
• Uploads (images, prompts) and metadata
• Responses, rankings, votes, comments, interaction logs
• Device/browser identifiers, IP address, analytics

10.2 Purposes

• Operate and improve the Service
• Moderate content and enforce rules
• Prevent fraud/abuse and secure systems
• Develop and improve algorithms and models (including facial analysis)
• Comply with legal obligations

10.3 Sharing

We may share data with service providers (hosting, security, analytics) under confidentiality obligations, and with authorities when legally required. We may also share aggregated or de-identified data.

10.4 Retention

• Active account data: retained for as long as your account remains active
• Deleted content: removed from active systems at the moment of deletion

10.5 User Requests

Contact: publicpreference.assist@gmail.com. Rights vary by jurisdiction.

11. Biometric Data Notice (Illinois BIPA / Texas / Washington)

WE COLLECT USER-UPLOADED IMAGES, WHICH MAY CONTAIN FACES; HOWEVER, WE DO NOT COLLECT, GENERATE, STORE, OR PROCESS BIOMETRIC IDENTIFIERS OR BIOMETRIC INFORMATION.

11.1 Image Collection

As part of the Service, users may upload images. In some cases, these images may include photographs of individuals and may contain faces. Such images are collected and stored solely as user-provided content.

11.2 No Biometric Processing

We do not analyze facial features, extract facial geometry, generate embeddings, or otherwise process images to create biometric identifiers or biometric information. Specifically, we do not collect or generate:

• Facial geometry or feature vectors
• Biometric templates or embeddings
• Any scores or classifications derived from facial analysis

11.3 No Identification Use

Images are not used to identify individuals and are not processed for identity verification, facial recognition, or any similar purpose.

11.4 No Sale or Disclosure

WE DO NOT SELL, SHARE, OR DISCLOSE BIOMETRIC IDENTIFIERS OR BIOMETRIC INFORMATION BECAUSE WE DO NOT COLLECT SUCH DATA.

11.5 Retention

We do not retain biometric identifiers or biometric information. User-uploaded images are retained in accordance with our general data retention policies and are not processed or converted into biometric data at any point.

12. Disclaimers, Limitation of Liability, Attorneys’ Fees

12.1 Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE DOLLAR (USD $1.00) OR THE AMOUNT YOU PAID TO US IN THE PRIOR 12 MONTHS, WHICHEVER IS GREATER, UNLESS A NON-WAIVABLE STATUTE REQUIRES OTHERWISE.

12.3 Prevailing Party Fees

IN ANY DISPUTE ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEYS’ FEES AND COSTS.

13. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATING TO YOUR USER CONTENT, YOUR USE OF THE SERVICE, OR YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW.

14. Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ CAREFULLY: THIS SECTION LIMITS YOUR RIGHTS.

ANY DISPUTE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY AAA ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION.

Governing law: Delaware, USA. If arbitration is not enforceable in your jurisdiction, disputes will be brought in state or federal courts located in Delaware, and you consent to personal jurisdiction there.

15. Termination

We may suspend or terminate access at any time for any reason, including suspected risk, policy violations, or legal compliance. Sections intended to survive (including licenses, disclaimers, limitation of liability, indemnity, arbitration, waivers) survive termination.

16. Miscellaneous (Severability, Modification, Entire Agreement)

16.1 Severability Maximization

IF ANY PROVISION IS HELD UNENFORCEABLE, IT SHALL BE MODIFIED TO THE MINIMUM EXTENT NECESSARY TO MAKE IT ENFORCEABLE, AND THE REMAINDER SHALL REMAIN IN FULL FORCE.

16.2 Unilateral Modification

WE MAY MODIFY THIS AGREEMENT AT ANY TIME. CONTINUED USE CONSTITUTES ACCEPTANCE OF THE MODIFIED TERMS.

16.3 Entire Agreement

This Agreement constitutes the entire agreement between you and the Company regarding the Service and supersedes all prior understandings.

17. Contact

Legal: publicpreference.assist@gmail.com
Privacy: publicpreference.assist@gmail.com
DMCA: publicpreference.assist@gmail.com