Onfido Terms of Service

Last updated: 26 October 2023

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PLEASE READ THIS TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS, SOFTWARE DEVELOPMENT KITS OR OTHER PRODUCTS OR SERVICES THAT HAVE LINKED TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR OTHER PRODUCTS OR SERVICES.

NOTICE OF CLASS ACTION WAIVER: THE TERMS OF SERVICE INCLUDES A BINDING CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH ONFIDO.

These Terms of Service ("Terms") apply to your access to, and use of, our identity verification and authentication services, websites, mobile applications, software development kits and other products and services that have linked to these Terms (collectively, the "Services") offered by Onfido ("Onfido", "we" or "us"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Onfido for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you violate these Terms.

Onfido reserves the right to change or modify these Terms at any time and in our sole discretion. If Onfido makes changes to these Terms, we will provide notice of such changes, such as by providing notice through the Services, or by updating the "Last Updated" date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.

In the event of conflict between this Agreement and any other written agreement between you and Onfido for the purchase of Services, the latter shall prevail.

Except as otherwise provided in these Terms, the interpretation of and any dispute concerning these Terms will be governed by Delaware law and controlling U.S. Federal law.

1. Your Agreement to these Terms of Service

By using the Services you acknowledge that you have read, understood, and agreed to be bound to all the terms here, as well as the policies referenced in these Terms of Service, including our Facial Scan and Voice Recording Policy and Privacy Policy.

Your Obligations. By using the Services, you expressly agree that:

1. your identity, as established by the information and documents that you submit, matches the identity you claim while using the Onfido Service
2. all information provided by you is complete and correct;

When verification is required, you authorize your wireless operator to disclose to Onfido and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent and detect fraud.

2. General Provisions

Any unauthorized use of the Services, including without limitation for any fraudulent, commercial or competitive purpose, is strictly prohibited and may result in suspension or termination of your agreement with us and/or legal action. In addition, you must NOT:

falsely claim an identity other than your own or one you are establishing on behalf of another person with their specific authority;
falsely claim that you are associated with another person or entity;
modify, frame, render (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Services, including, without Onfido’s written consent;
use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to service, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
disguise the origin of information transmitted to, from, or through the application, SDK or website or provided for the purpose of the Services;
circumvent any measures implemented by Onfido aimed at preventing violations of the Terms of Service.

In addition to violating the Terms of Service, any of the foregoing actions on your part, or on behalf of any entity you are representing, constitutes intentional, unauthorized access of Onfido’s protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.

3. Limitation of liability

As permitted by applicable law, in no event shall Onfido be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, content, images, revenue, profits, service or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the Services, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from whom damages are being sought has been previously advised of the possibility of such damages. The limitation of liability set forth in this section shall not apply in the event of customer’s breach or related to customer’s indemnity obligations. The limitation of liability set forth in this section shall not apply in relation to any claim in respect of any death or personal injury. This paragraph shall not affect the rights listed below in the section titled “Indemnities”. To the extent allowed by law, in no event shall the aggregate liability of Onfido exceed $1,000.00.

4. Licenses from you

You grant to Onfido and its third party providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, content or other materials, provided to Onfido by you in the course of accessing and/or using the Services. Notwithstanding the foregoing, Onfido’s obligations regarding identification and other information concerning your personal information shall at all times be governed by these Terms of Service, Facial Scan and Voice Recording Policy and Privacy Policy, together with the terms of any agreement concluded between Onfido and the company that owns or operates the website or app that you are using.

5. Third-Party Services

Onfido is not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”). For instance, portions of the Services may be integrated into or linked to third-party sites, platforms and apps that Onfido does not control. Similarly, Onfido may make third-party ads and other Third-party Services, which Onfido also may not control, available to you on or via our Services. This may include the ability to register or sign in to the Services using Facebook Connect or other third-party tools, and to post content on Third-party Services using their plug-ins made available on the Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. Onfido takes no responsibility for Third-Party Services. If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services. If you access our Apps via Apple, the following additional terms and conditions are applicable to you:

6. Representations and warranties

Each party represents and warrants that it has the power and authority to enter into these Terms. Onfido warrants that it will provide the Services in a manner consistent with its business practices, as Onfido, in its sole and absolute discretion, deems fit. You represent and warrant that any information you provide in connection with the Services is accurate and current and that you have the right to provide such information.

7. Disclaimer of warranties

As permitted by applicable law, except where expressly provided otherwise by Onfido, the Services are provided “as is” and “as available.” To the fullest extent permissible by applicable law, except for the express warranties set forth herein, Onfido hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the Services including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. Onfido makes no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Services, materials associated therewith, or the results you may obtain by accessing or using the Services or materials associated therewith. Without limiting the generality of the foregoing, Onfido does not represent or warrant that (a) the operation of the Services will be timely, secure, uninterrupted or error-free. You acknowledge that Onfido controls the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays, interception and other problems inherent in the Service of such communications facilities. Onfido is not responsible for any delays, delivery failures, or other damage resulting from such problems.

8. Indemnities

You will defend, indemnify and hold Onfido harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim by a third party related to your use of the Services.

9. Your responsibilities

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Services, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Onfido controls and operates the Services. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. You acknowledge and accept Onfido’s right to disclose to third parties information you have provided, or information that Onfido has obtained about you, as further set forth in our Facial Scan and Voice Recording Policy and Privacy Policy.

10. Notices

For general changes which do not affect the collection or handling of your personal information in a more restrictive way, Onfido may give notice by means of a general notice on the Website. You may give notice to Onfido at any time by communication sent to [email protected]. All notices shall be deemed to have been given 36 hours after sending by email or posting to the Website. Onfido may make material change to the Service that affects the prior or ongoing collection, use, dissemination or maintenance of a user’s personal information, and will notify you of these changes by means which reflect the method by which we originally engaged with you. Notwithstanding the foregoing, the Facial Scan and Voice Recording Policy and Privacy Policy govern how Onfido treats facial scan data.

11. Accounts.

If you register with Onfido or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive. Onfido may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify Onfido at [email protected] of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.

Accounts may only be set up by an authorized representative of the individual that is the subject of the account. Onfido does not review accounts for authenticity, and is not responsible for any unauthorized accounts that may appear on the Services. For any dispute as to account creation or authenticity, Onfido shall have the sole right, but is not obligated, to resolve such dispute as Onfido determines appropriate, without notice.

12. Copyright protection

Onfido complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to Onfido via email at [email protected].

13. Resolution of Disputes - Class Action Waiver

To the extent permissible by law, all past, present, and future legal disputes and legal claims between you and Onfido that are now in existence or that may arise in the future, including, but not limited to legal disputes or legal claims arising out of or relating in any way to these Terms, the Facial Scan and Voice Recording Policy, the Privacy Policy or the Services; your relationship with Onfido; your use of any Onfido product or service; Onfido’s conduct; and any federal, state, or local statute, law, rule, regulation or ordinance applicable to the relationship between you and Onfido as to which a court would be authorized by law to grant relief if the claim were successful (“Dispute” or “Disputes”) will be conducted solely on an individual basis. You will not seek to have any Dispute heard as a class action or in any other proceeding in which you act or propose to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You agree that the term “Dispute” will have the broadest meaning possible.

Notice of Dispute and Required Information Dispute Resolution Process. You agree to first try to resolve a Dispute informally and in good faith by contacting us and providing a written notice of Dispute to [email protected] (a “Notice of Dispute”). The Notice of Dispute must provide us with fair notice of your identity, a description of the nature and basis of your Dispute, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined with a Notice of Dispute for other individuals. If any Dispute is not resolved within 45 days of receipt, any resulting legal actions must be resolved through a court of competent jurisdiction. Neither party shall initiate legal action until 45 days after the Notice of Dispute is received.

14. Miscellaneous

Onfido reserves the right to change these Terms or its policies relating to the Services at any time and from time to time, and such changes will be effective upon being posted herein. If we make material changes to these Terms, we will notify you by means of updating the version of the terms on our home page. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. UNLESS OTHERWISE NOTED BY US, YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES ARE POSTED SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Onfido and you as a result of these Terms or use of the Services. You may not assign these Terms without the prior written approval of Onfido. Any purported assignment in violation of this section shall be void. Onfido reserves the right to use third party providers in the provision of the Services, and the goods, services and materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Onfido.

15. Intellectual property notices

Elements of the Services are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image may be copied or retransmitted unless expressly permitted by Onfido. The Onfido trademarks and/or other Onfido identifiers referenced herein are trademarks of Onfido and/or its affiliates.