FACEIT Anti-Cheat software end user licence agreement

THESE FACEIT ANTI CHEAT TERMS AND CONDITIONS (“THIS AGREEMENT”) APPLY AND SHALL HAVE EFFECT IN RESPECT OF ALL USE OF THE FACEIT ANTI CHEAT SOFTWARE.

THIS AGREEMENT INCORPORATES THE FACEIT TERMS AND CONDITIONS (WHICH CAN BE FOUND https://www.faceit.com/en/fit/terms) AND THE FACEIT PRIVACY POLICY (WHICH CAN BE FOUND https://www.faceit.com/en/fit/privacy).

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING OUR FACEIT ANTI CHEAT SERVICE. THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND LEGAL ENFORCEABLE AGREEMENT BETWEEN THE USER AND FACEIT.

CLICKING [‘I AGREE’], OR ANY USE OF THE FACEIT ANTI CHEAT SOFTWARE INDICATES AGREEMENT TO THIS AGREEMENT.

THE FACEIT ANTI CHEAT SOFTWARE IS USED TO DETECT GAME, CHALLENGE OR TOURNAMENT CHEATING BY USERS OF THE FACEIT SERVICE OR THE SITE FACEIT.COM, AS WELL AS BREACHES OF THE FACEIT TERMS AND CONDITIONS. THE FACEIT ANTI CHEAT SOFTWARE OPERATES BY REPORTING RELEVANT INFORMATION FROM THE USER’S DEVICE TO FACEIT. BY AGREEING TO THIS AGREEMENT THE USER IS AGREEING TO THE COLLECTION OF SUCH INFORMATION, WHICH MAY CONSTITUTE PERSONAL DATA.

IN SOME CIRCUMSTANCES, ENTRY OF THIS AGREEMENT AND/OR OPERATION OF FACEIT ANTI CHEAT IS A CONDITION OF USE OF THE FACEIT SERVICE OR THE SITE FACEIT.COM, OR A CONDITION OF ENTRY FOR GAMES, CHALLENGES OR TOURNAMENTS OFFERED ON THE FACEIT SERVICE OR THE SITE FACEIT.COM. FACEIT RESERVES THE RIGHT TO IMPOSE SUCH CONDITION FROM TIME TO TIME AT ITS ABSOLUTE DISCRETION.


1. Interpretation

1.1 The following definitions apply to this Agreement:
“Cheat”: means an act which: seeks to offer a User an unfair or dishonest advantage over other players of games, challenges or tournaments offered on the Service or the Site; seeks to exploit a bug or defect in the Service or the Site; constitutes a breach of the FACEIT Terms and Conditions from time to time; in the reasonable opinion of FACEIT (in its sole discretion) is an act contrary to good sportsmanship or fair play, and “Cheating” shall be interpreted accordingly.
“FACEIT Anti Cheat”: means the software systems and interfaces owned, operated and/or licensed to FACEIT known as “FaceIT Anti Cheat”, comprising the FACEIT Anti Cheat Driver and the FACEIT Anti Cheat Client, and which is used to detect Cheating by users of the Service or breaches of the FACEIT Terms and Conditions.
“FACEIT Anti Cheat Client”: means the component of FACEIT Anti Cheat described in clause 2.1.2.
“FACEIT Anti Cheat Driver”: means the component of FACEIT Anti Cheat described in clause 2.1.1.
“FACEIT”: means FACE IT Limited, incorporated and registered in England and Wales with company number 07751649 whose registered office is at Norfolk House, 31 St. James’s Square, London, England, SW1Y 4JR.
“Intellectual Property Rights”: means all copyright and related rights, patents rights to inventions, utility models trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
“User”: means the user of FaceIT Anti Cheat.

1.2 The terms “Service” and “Site” shall have the meaning given to them in the FACEIT Terms and Conditions.

1.3 A “person” includes a natural person, corporate or unincorporated body.

1.4 The words “include” and “including” (or similar) shall be deemed to have the words “without limitation” after them.

1.5 If there is ever a conflict between the terms of this Agreement and the FACEIT terms and conditions or the FACEIT privacy policy, the terms of this agreement will prevail.

2. FACEIT Anti Cheat

2.1 FACEIT Anti Cheat is a downloadable software which runs locally on the User’s device and is comprised of two parts, namely:

2.1.1 FACEIT Anti Cheat Driver. This part runs continuously on the User’s device and collects information on: the device as necessary to identify that device; any other processes running on that device which may be used to Cheat (including malware and device interaction with FACEIT supported software and games); and User behaviours which may indicate potential Cheating.

2.1.2 FACEIT Anti Cheat Client. This part runs when opened by the User and enables the User to log into the Service and the Site (as applicable), analysing information collected by the FACEIT Anti Cheat Driver and reporting that information to FACEIT.

2.2 If FACEIT becomes aware of any actual Cheating, or reasonably suspects Cheating, FACEIT may exercise any of its rights under the FACEIT Terms and Conditions, which include the right to terminate or suspend any account of the User on the Service or Site.

3. Operation FACEIT Anti Cheat

3.1 The User must keep all passwords strictly confidential.

3.2 The User will not attempt to obtain any unauthorised access to any parts of FACEIT Anti Cheat, or otherwise take any measures designed to interfere with or subvert the normal operation of FaceIT Anti Cheat or the information it reports to FACEIT.

3.3 The User will not:

3.3.1 copy FACEIT Anti Cheat, except for archive purposes;

3.3.2 transfer third party software from FACEIT Anti Cheat to any third party;

3.3.3 modify, decompile, disassemble, reverse engineer or otherwise attempt to derive the Source Code of FACEIT Anti Cheat;

3.3.4 export FACEIT Anti Cheat in contravention of applicable U.S. and foreign export laws and regulations; or

3.3.5 use any third party software forming part of FACEIT Anti Cheat other than in connection with operation of FACEIT Anti Cheat.

3.4 FACEIT may modify, suspend or discontinue the operation or all or any part of FACEIT Anti Cheat or otherwise make any changes it considers desirable to FACEIT Anti Cheat. FACEIT may automatically and remotely update FACEIT Anti Cheat, as installed on your device, from time to time. Any material changes to the features of FACEIT Anti Cheat as a result of an update will be notified to you.

3.5 The User shall not use FACEIT Anti Cheat to:

3.5.1 provide services to third parties; or

3.5.2 build a product or service which competes with FACEIT Anti Cheat, any Services or the Site.

4. Intellectual property rights

4.1 For the term of this Agreement and subject the User’s continued compliance with this Agreement, FACEIT hereby grants to the User a personal, non-exclusive, non-sublicensable, non-transferable, royalty free worldwide licence to use FACEIT Anti Cheat on its own devices and in respect of its own entry into games, challenges or tournaments offered on the Service or the Site.

4.2 Save as set out in this clause 4, FACEIT reserves all of its right, title and interest in FACEIT Anti Cheat and any other of its Intellectual Property Rights which may come into the possession of the User under this Agreement from time to time.

4.3 The User hereby grants to FACEIT a personal, non-exclusive, non-sublicensable, non-transferable, royalty free worldwide licence to use any information submitted to FACEIT Anti Cheat to enable FACEIT to create improvements to FACEIT Anti Cheat, the Services and the Site or otherwise improve its capacity to detect or prevent Cheating.

4.4 All data generated in the operation of FACEIT Anti Cheat shall be owned by FACEIT immediately on its creation.

5. Data protection

5.1 In this Agreement, the terms “data controller”, “data processor”, “data subject”, “personal data”, “process”, “processing” and “sensitive personal data” have the meanings given to them in the Data Protection Act 1998.

5.2 FACEIT shall process personal data in accordance with the Data Protection Act 1998, the FACEIT Privacy Policy and this clause 5.

5.3 FACEIT shall take appropriate technical and organisational measures against unauthorised or unlawful processing of any personal data provided by the User, or any accidental loss, destruction or damage of such data.

5.4 By entering this Agreement, the User consents to:

5.4.1 the processing of personal data for the purposes of detecting Cheating; and

5.4.2 the disclosure of personal data to: advisors, including FACEIT and third party legal advisors; potential acquirers of all or part of the FACEIT business or assets; law enforcement agencies, regulators, the court or third parties in compliance with applicable law or court orders; and employees and external contractors on a need to know basis.

5.5 Where located in the EEA, by entering this Agreement, the User consents to the export of its personal data outside of the EEA.

6. Warranties

6.1 Each party warrants that it has full power and authority to enter into this Agreement and that it shall comply with all applicable law.

6.2 FACEIT warrants, represents and undertakes that it shall provide access to FACEIT Anti Cheat, and any services, with reasonable care and skill.

6.3 The User warrants, represents and undertakes that:

6.3.1 all information provided to FACEIT (including information provided by use of FACEIT Anti Cheat) is true, accurate, not misleading and will be kept up to date;

6.3.2 it shall not do or omit to do any act which may subvert the proper operation of FACEIT Anti Cheat, or prevent FACEIT Anti Cheat from accessing information in accordance with its proper operation;

6.3.3 it shall provide all assistance reasonably requested by FACEIT to enable FACEIT to comply with its obligations under this Agreement; and

6.3.4 except as otherwise provided in this Agreement, it will not use the Intellectual Property Rights of FACEIT without the prior written consent of FACEIT.

7. Limitation of liability

7.1 This clause 7 sets out FACEIT’s entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the User:

7.1.1 arising under or in connection with this Agreement;

7.1.2 in respect of any use made by the User of FaceIT Anti Cheat; and

7.1.3 in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.

7.2 Except as expressly and specifically provided in this Agreement, FACEIT disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to FACEIT Anti Cheat, any services, their use and the results of such use.

7.3 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Agreement to the fullest extent permitted by applicable law.

7.4 Nothing in this Agreement excludes the liability of FACEIT:

7.4.1 for death or personal injury caused by FACEIT’ negligence;

7.4.2 for fraud, fraudulent misrepresentation or fraudulent misstatement; or

7.4.3 any statutory liability not capable of limitation.

7.5 Subject to clause 7.4, FACEIT disclaims all warranties that there are no viruses or other harmful components.

7.6 Subject to clause 7.4, of the Agreement, FACEIT will not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any costs, damages, charges or expenses arising from:

7.6.1 the User’s failure to comply with any applicable law or this Agreement;

7.6.2 any use of any passwords by any third party.

7.7 Subject to clause 7.4, FACEIT will not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses, or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement.

7.8 Subject to clause 7.4, FACEIT’ total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement will be limited to £1,000.

8. Confidentiality

8.1 In this clause, “Confidential Information”: means FACEIT Anti Cheat and other information derived from the use of FACEIT Anti Cheat, any screenshots of the operation of FACEIT Anti Cheat, any of FACEIT’s or FACEIT Anti Cheat’s methodologies and any information that is clearly labelled or identified as confidential or ought reasonably be treated as being confidential. Confidential Information excludes any information which:

8.1.1 is or becomes publicly known other than through a breach of this Agreement;

8.1.2 was in the receiving party’s lawful possession before the disclosure;

8.1.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure;

8.1.4 is independently developed by the receiving party and that independent development can be shown by written evidence; or

8.1.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

8.2 Each party will hold the other’s Confidential Information in confidence and not make the other’s Confidential Information available to any third party. Neither party will use the other’s Confidential Information for any purpose other than the implementation of this Agreement.

8.3 FACEIT may disclose the identity of Users which are shown to have Cheated.

8.4 This clause 8 will survive termination of this Agreement for a period of 5 years.

9. Term and termination

9.1 Either party may terminate this Agreement immediately on written notice to the other party.

9.2 Any termination is without prejudice to either party’s accrued rights or remedies.

9.3 On termination of this Agreement:

9.3.1 all licences shall immediately terminate;

9.3.2 the User shall immediately cease all use of FACEIT Anti Cheat, the Service and the Site.

9.4 Clauses 1, 4.2, 4.4, 7, 8, 9.3, 9.4, 10 and 11 will survive termination of this Agreement for any reason.

10. Notices

10.1 Any notice required to be given under this Agreement by FACEIT will be posted on FACEIT Anti Cheat or sent to the User by email. Any notice required to be given under this Agreement by the User will be posted to FACEIT by email to legal@faceit.com.

10.2 Notices will be deemed to have been received at the time of transmission as shown by the sender’s records (or if sent outside business hours, at 9 am on the first business day following despatch).

11. General

A waiver of any right under this Agreement is only effective if it is in writing. This Agreement constitutes the whole agreement between the parties. The User will not assign, transfer, charge, sub-contract without the prior written consent of FACEIT. This Agreement does not confer any rights on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999. A counterpart of this Agreement executed and transmitted electronically shall be treated as fully binding. This Agreement will be governed by, and construed in accordance with, the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.