Viral photo app FaceApp has
taken the world by storm. Launched in 2017, the app has recently enjoyed mass
popularity due largely to Hollywood celebrities posting their
humorous edited pictures online.
FaceApp uses “neural network” artificial intelligence technology to
alter people’s faces with various filters. Users simply take or upload a photo
from their phone and the app’s algorithms do the rest. You can make yourself
look younger or older, swap your gender, or transform your expression.
The ageing filter is easily the most
popular, with Drake, Hilary Duff, Gordon Ramsay, and LeBron James among the
celebrities who showcased their future faces on social media.
Last week, the app was in the headlines for all the wrong
reasons, with keen-eyed observers pointing out that the app’s terms of use give
its Russian parent company, Wireless Lab, a very broad, global and lifelong
licence to use the images.
In short, once you sign up and use the app,
the company can do pretty much whatever it likes with your photos. It could
plaster a wrinkled version of your face across a billboard, website or the side
of a skyscraper, and you would have no legal recourse.
Of course, as experts have correctly pointed out, this is
extremely unlikely to happen. Russia’s only interest in your photo data would
be for facial recognition software development. Wireless Lab has also publicly stated that most photos are
deleted within 48 hours of upload and no information is sent to Russia, but
rather is stored temporarily on the company’s American servers.
Other
hidden dangers in the fine print
More concerning, however, is the range of
other disturbing conditions users unwittingly sign up to with FaceApp.
The terms
of use comprise a legally binding contract, yet research tells us that virtually no one
ever reads the fine print.
This is worrying, given that section 15 of
FaceApp’s terms all but bans you from taking legal action against the company.
You are only permitted to lodge small claims (up to certain limits) or seek
specific court orders. You are otherwise required to resolve all legal disputes
through confidential arbitration held in California.
Thankfully, you can opt out of this
provision – but you only have 30 days from registration to do so, meaning most
of the app’s 100 million existing users are already
too late.
For those who have recently bought into the
hype, the clock is ticking. You can opt out by sending written notification to:
Wireless Lab OOO
16 Avtovskaya 401
Saint-Petersburg, 198096, Russia
You must include your full name and
indicate your clear intent to opt out of binding arbitration. If you do this,
standard Californian law applies and you retain your legal right to sue if you
want.
If you downloaded FaceApp within the past
week and you’re based in Australia, you’ll want to act quickly, given that
letters take up to 14 business days to reach Russia
via international post.
Section 17 of the terms is also concerning.
This clause gives Wireless Lab the right to change the terms at any time, and
that the company “may” attempt to notify users but will otherwise simply post
the updated terms online.
In theory, there would be nothing to stop
the company suddenly imposing a usage charge, and the only way to find out
would be to continuously check the terms of use for updates, or your App
Store-linked bank account for withdrawals.
You might
be giving away more than your face. Shutterstock.com
Section 10 also deserves a mention. It
states that you will “indemnify, defend, and hold harmless” FaceApp and its
“officers, directors, agents, partners and employees” from “any loss,
liability, claim, demand, damages, expenses or costs” relating to your use of
the app.
Basically, you cannot sue them for any loss
or injury you suffer through the app (such as damaged reputation or
embarrassment caused by Wireless Lab using your photos). It also means you
agree to cover all legal fees for third-party claims against FaceApp arising
from your use of the app, yet you surrender all control over the legal action.
In stark terms, this means you effectively
can’t sue FaceApp, and if anyone else tries, you’re picking up the bill.
Is
it worth it?
FaceApp is undeniably fun, and is currently
the most popular free app in Australia, ahead of
Instagram and YouTube. Downloads of the app to US iPhones have increased by 561% in the past month.
Read
more: You may be sick of worrying about online privacy, but
'surveillance apathy' is also a problem
Any playful app that spreads joy can be a
good thing. It is crucial, however, that users know what they are signing up
for, otherwise many of their legal rights will vanish and their legal exposure
will be extraordinary.
As if wrinkled skin and grey hair weren’t
bad enough.
