- 1. Your Agreement to these Terms of Service
- 2. General Provisions
- 3. Limitation of liability
- 4. Licenses from you
- 5. Third-Party Services
- 6. Representations and warranties
- 7. Disclaimer of warranties
- 8. Indemnities
- 9. Your responsibilities
- 10. Notices
- 11. Accounts
- 12. Copyright protection
- 13. Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
- 14. Miscellaneous
- 15. Intellectual property notices
- 16. Legal Contact Information & Member Support
Last updated: 11 February 2021
Onfido Terms of Service
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 ARBITRATION AGREEMENT AND CLASS ACTION AND JURY WAIVER: THE TERMS OF SERVICE INCLUDES A BINDING ARBITRATION CLAUSE AND A 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
Your Obligations. By using the Services, you expressly agree that:
your identity, as established by the information and documents that you submit, matches the identity you claim while using the Onfido Service
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
5. Third-Party Services
TERMS APPLICABLE FOR APPLE IOS.
(i) To the extent that you are accessing the Services through an Apple mobile application, you acknowledge that these Terms are entered into between you and Onfido and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(iii) You acknowledge that Onfido, and not Apple, is responsible for providing the Services and content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Onfido, Onfido, and not Apple is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Services, or your possession and use of the Services, infringe on a third-party’s Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
(ix) When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
(x) Your use of real time route guidance on the Services (if any) is at your sole risk. Location data may not be accurate.
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.
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
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@example.com 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
13. Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
Onfido operates in interstate commerce and this arbitration agreement (“Agreement”) is a contract evidencing a transaction involving commerce that is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq. This Agreement contains the rules and procedures that you and Onfido must follow to resolve a Dispute (as defined below). Please read this Agreement carefully.
I. What Is Arbitration?
Arbitration is a way to get speedy and relatively inexpensive resolution of disputes by submitting them to an arbitrator instead of the ordinary process of filing a lawsuit in a court of law. Arbitration uses a neutral, trained arbitrator to resolve the dispute instead of a judge and jury. By agreeing to resolve Disputes exclusively through binding arbitration, you and Onfido agree that you and Onfido are waiving the right to a trial in a court with a judge or jury. Arbitration is binding — that is, the arbitrator's decision is final.
You and Onfido agree that arbitration of disputes is a valuable benefit, the existence of which is a significant inducement for you to accept these Terms and to use the Services.
II. What Is Covered?
This Agreement also covers any Dispute between you and any officer, director, board member, agent, employee, or affiliate of Onfido, if Onfido could be liable, directly or indirectly, for such Dispute.
If the parties have more than one Dispute between them, you and we agree to assert all such Disputes in a single arbitration so they may be resolved at the same time.
The Agreement does not prevent either you or Onfido from seeking emergency or temporary injunctive relief, such as a preliminary injunction or a temporary restraining order, which is sought strictly in aid of or to preserve an arbitrator's jurisdiction and ability to conduct a meaningful arbitration of your Disputes under the Agreement.
The Agreement does not prevent you or Onfido from filing a claim or charge with an administrative agency. Additionally, you will not be retaliated against for challenging the validity of the Agreement.
Nothing contained in this Agreement shall be construed to prevent or excuse you from first using Onfido’s existing internal procedures for resolution of complaints before seeking arbitration, and this Agreement is not intended to be a substitute for the utilization of such procedures.
For claims under the jurisdiction of federal, state, or local government agencies, you may initiate the arbitration process only after you have exhausted all required administrative remedies for claims that require such remedies.
III. Claims May Be Brought in an Individual Capacity Only
You and Onfido agree that you and Onfido will not: (1) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit or court case that relates in any way to a Dispute, or (2) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit, court case, or arbitration that is brought on a class, collective, representative, or aggregate basis that in any way relates to a Dispute. The parties do not agree to arbitrate any Dispute on a class, collective, representative, or aggregate basis.
YOU MAY BRING LEGAL CLAIMS AGAINST ONFIDO ONLY IN YOUR INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON-REPRESENTATIVE, AND NON-AGGREGATE BASIS).
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR AGGREGATE BASIS.
THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS ON MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE AUTHORIZE OR PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE OR AGGREGATE PROCEEDING.
Claims of two or more persons or entities may not be joined or consolidated in the same arbitration because the arbitrator may only hear individual claims and does not have the authority to hear claims on a class, collective, representative, or aggregate basis, or to award relief to anyone other than you and/or Onfido in a single arbitration. Notwithstanding any other clause contained in this Agreement, this Section III shall not be severable from the Agreement in any case in which the Dispute is brought as a class, collective, representative, or aggregate action.
Notwithstanding any other clause contained in this Agreement, any challenge to the validity of Section III may be determined only by a court of competent jurisdiction and not by an arbitrator.
IV. How Does Arbitration Work?
In order to raise a Dispute:
Step 1. If you want to raise a Dispute, you must submit a “Notice of Dispute” with any supporting documents or other information by email to firstname.lastname@example.org. The “Notice of Dispute” must be in writing and include your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. If Onfido wants to raise a Dispute, Onfido must send a “Notice of Dispute” to your last known address and/or email address. Once a party receives a Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding as described below.
Step 2. Arbitration. You and Onfido agree that arbitration will be the sole and exclusive remedy to resolve any Dispute between us. The Federal Arbitration Act applies to this Agreement. By agreeing to arbitrate, you and we are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury. Instead, a neutral arbitrator will resolve all Disputes. The American Arbitration Association or any successor thereof (“AAA”) will administer the arbitration using the AAA Consumer Arbitration Rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 1-800-778-7879 or by visiting www.adr.org. The AAA Rules are subject to modification by AAA from time to time and the parties are responsible for reviewing the rules periodically. Procedures not addressed by this Agreement or the AAA Rules will be resolved by agreement of the parties. If the parties are unable to agree, the procedural issue will be determined by the arbitrator. All statutes of limitation that would apply if the controversy were resolved in court shall be applied and enforced by the arbitrator. The award of the arbitrator shall be final, and judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction.
Enforcement. Other than a challenge to the validity of Section III of this Agreement, any dispute over this Agreement – the way it was formed, its applicability, meaning, enforceability, waiver of the right or obligation to arbitrate, or any claim that all or part of this Agreement is void or voidable – is subject to arbitration under this Agreement. You or we may bring a motion in court to compel arbitration under this Agreement or to dismiss any lawsuit seeking to resolve Disputes that are covered by this Agreement. In addition, either you or Onfido may bring an action in court to enforce an arbitration award.
Complete Agreement. This Agreement is the full and complete agreement relating to the formal resolution of Disputes.
Severability. Except as stated above in Section III, in the event any portion of this Agreement is deemed invalid, void, or unenforceable, the remainder of this Agreement will be valid and enforceable.
No Modification. Notwithstanding any other provision in these Terms, this Agreement cannot be modified except in writing agreed to by both parties.
YOU SHOULD READ THE PROVISIONS OF THIS AGREEMENT CAREFULLY, AS IT PROVIDES THAT VIRTUALLY ANY DISPUTE RELATED TO ONFIDO MAY BE RESOLVED ONLY THROUGH BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR AGGREGATE ACTION OR SIMILAR PROCEEDING.
YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ OR HAVE HAD THE OPPORTUNITY TO READ THIS ARBITRATION AGREEMENT. YOU UNDERSTAND THAT THIS ARBITRATION AGREEMENT REQUIRES THAT DISPUTES THAT INVOLVE THE MATTERS SUBJECT TO THE AGREEMENT BE SUBMITTED TO ARBITRATION PURSUANT TO THE ARBITRATION AGREEMENT RATHER THAN TO A JUDGE AND JURY IN COURT.
YOU AGREE THAT YOU INTEND TO BE BOUND BY THE AGREEMENT AND SPECIFICALLY THE ARBITRATION PROVISIONS SET FORTH ABOVE.
Except as described in the Arbitration Agreement above, 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.