• Menu
  • Skip to right header navigation
  • Skip to primary navigation
  • Skip to secondary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Call us now  07 4688 2188

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Clifford Gouldson Lawyers

  • About
    • Our Origin Story
    • Our Future
    • Toowoomba
    • Brisbane
    • Sunshine Coast
    • What our clients say!
  • Careers
  • Supporting our Community
    • Bringing art to the business world
  • Contact Us
  • Search
  • About
    • Our Origin Story
    • Our Future
    • Toowoomba
    • Brisbane
    • Sunshine Coast
    • What our clients say!
  • Careers
  • Supporting our Community
    • Bringing art to the business world
  • Contact Us
  • Search

Mobile Menu

  • Our Team
  • Practice Areas
  • Knowledge
  • Events
  • Industries
  • For Individuals
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
  • Our Team
  • Practice Areas
  • Knowledge
  • Events
  • Industries
  • For Individuals

Faceapp – but it was all in the terms of use

You are here: Home / News / Faceapp – but it was all in the terms of use

No doubt by now, you are aware of the recent social trend involving an App called “FaceApp”. FaceApp allows users to upload images of themselves, and these images are morphed by artificial intelligence into an older version of themselves. FaceApp is downloadable through the Apple App Store and through Google Play.

The sharing of the morphed ‘older version’ images of ourselves has raised fresh concerns about what organisations like FaceApp can do with our selfies, pictures and our data.

We’ve had a look at FaceApp’s Terms of Use, and it reveals that by downloading the App, users actually agree to grant FaceApp:

“a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you.”

Yes, we agree that it is a mouthful, so we will translate it into plain english.

Basically, when a user downloads FaceApp and uploads an image to be morphed, that user is granting a perpetual, irrevocable and worldwide licence to FaceApp for a broad range of uses without any compensation or consultation with a user.

A couple of alarm bells ring with this:

  1. FaceApp is not owned and operated in Australia and may not be subject to the levels of privacy protection as offered here in Australia.
  2. Users are also consenting to transfer their data overseas;
  3. Users are agreeing to release FaceApp from all liability, claims and damages (except arising out of their own negligence) regarding any dispute that a user may have with them or third parties;
  4. Users also agree to limit FaceApp’s liability and indemnify FaceApp in certain circumstances; and
  5. There are no provisions allowing a user to terminate the Terms of Use with FaceApp. We would recommend that concerned users email their support team to ensure that your information is deleted.

It may be the case that FaceApp is not looking to use users images for their own benefit or advertisement or promotional purposes. However, FaceApp can still do so under the Terms of Use, which users agree to when they download the App.

If FaceApp isn’t a concern for you, then maybe Facebook is. Facebook does have similar rights to that of FaceApp under its own terms of use. In fact, Facebook can use your basic information to connect you with third party ads, offers, and other sponsored content specific to what you search online or connected to what your interests may be. Oh, and users also grant Facebook a similar irrevocable licence to use, store and share any status update, post, image and video that user’s upload to Facebook.

However, a point of difference with Facebook is that it allows users to end this license by deleting their uploaded content or account with Facebook. Although, this does not extend to circumstances where a user has deleted their content (to end the licence) and other users who had shared that post/image/video previously but have not removed them will still allow your content to be publicly available.

This reiterates that once your data is public and released into the Internet, then it is incredibly challenging to maintain control over that data.

Providing some data to an organisation that you are dealing with is somewhat inescapable even while we live in a time where privacy and cybersecurity is an ever-pressing issue.

So, you should read the terms and conditions and privacy policies of each App that you download or when you create an online account for any website.

Why? Well, besides the concerns raised with FaceApp above, the terms and conditions and privacy policies lay the foundation of your relationship with each organisation. They address critical contractual terms which affect you and your data.

It is vital that you are aware of and comfortable with the level of data and information that you are providing to organisations like FaceApp and Facebook. You should actively review their abilities to use and disclosure your freely given data and how (and when) you can ask that organisation to delete your information.

If you do feel that you need legal expertise and support to review any terms and conditions or privacy policy documents, then please reach out to one of our lawyers here at CGLaw.

Previous Post: « Licensing: profiting from your assets without selling them
Next Post: CGLaw team to go homeless for a night »

Primary Sidebar

We can help

Ben Gouldson

Managing Director and Trade Marks Attorney*

Melanie Sharpe

Lawyer

Nicola Hayden

Lawyer and Trade Marks Attorney*

Brooke Giblin

Legal Secretary & Personal Assistant

Related Alerts

June 20, 2025
Ransomware Reporting Obligation Changes Start Today!

As of today, a failure to report a ransomware payment could lead to your...

April 9, 2025
Yes, crypto currency is personal property!

The legal system has taken some time to come to grips with crypto currency,...

Privacy & AI: How much does your AI know?

There have been a number of changes to Australia’s privacy laws recently and businesses...

View other alerts

Footer

Clifford Gouldson Lawyers

CLIFFORD GOULDSON LAWYERS
P: 07 4688 2188
F: 07 4688 2199
mail@cglaw.com.au
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Locations

TOOWOOMBA (Head Office)
259 Ruthven Street,
Toowoomba Q 4350

PO Box 8208,
Toowoomba South Q 4350

Toowoomba Office

BRISBANE
Level 5, 231 George Street,
Brisbane Q 4000

PO Box 12802 George Street,
Brisbane Q 4003

Brisbane Office

 

SUNSHINE COAST
Regatta Corporate Building, Office 3,
Ground Floor, Innovation Parkway,
Birtinya Q 4575

Locked Bag 5010
Caloundra DC Q 4551

Sunshine Coast Office

Practice Areas

  • Property + Business Transactions
  • Workplace
  • Litigation + Dispute Resolution
  • Intellectual Property + Technology
  • Wills, Estates, Planning + Structuring
  • Business + Corporate Advisory
  • Construction
  • Privacy & Disclaimer
  • Terms of Use

Site Footer

CG Law (Trading) Pty Ltd ACN 143 426 028 t/a Clifford Gouldson Lawyers ABN 89 143 426 028 Liability limited by a scheme approved under professional standards legislation.

The contents of this website are provided solely for general information purposes and do not constitute legal or other professional advice. Clifford Gouldson Lawyers expressly disclaims any liability arising from the use or reliance on the information provided. If you require legal or other expert advice or assistance, then you should seek our help or the services of a qualified professional.

Copyright © 2025 Clifford Gouldson Lawyers · Privacy & Disclaimer · Terms of Use · Marketing by John Gray Marketing · Site by Kingfisher