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Terms of Use
PLEASE, READ THESE GENERAL TERMS AND CONDITIONS, INCLUDING THE
DATA PROCESSING AGREEMENT THAT IS PART OF THESE GENERAL TERMS
AND CONDITIONS, VERY CAREFULLY. BY DOWNLOADING, ACCESSING OR
USING THE "iDenfy" MATERIALS, CUSTOMER AGREES TO BE BOUND BY
THESE GENERAL TERMS AND CONDITIONS AND ALL TERMS
INCORPORATED BY REFERENCE. IF CUSTOMER DOES NOT AGREE TO ALL
OF THE BELOW TERMS, OR IF YOU ARE NOT ENTITLED TO REPRESENT THE
CUSTOMER, DO NOT USE THE "iDenfy" MATERIALS AND/OR SERVICES.
These Terms of Use ("Terms") apply to your access to, and use of, the websites,
mobile applications, software development kits and other products and services that
have linked to these Terms (collectively, the "Services") offered by "iDenfy"
(""iDenfy"", "we" or "us"). These Terms do not alter in any way the terms or
conditions of any other agreement you may have with "iDenfy" 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.
"iDenfy" reserves the right to change or modify these Terms at any time and in our
sole discretion. If "iDenfy" 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 "iDenfy" for the purchase of Services, the latter shall prevail.
1. The Service
"iDenfy" provides identity verification services for remote natural person
identification. "iDenfy" provides services in separate packages:
● Freemium Version (version without the commercial agreement)
● Free-Trial Version and Pay-as-you-go Versions (terms include automatic
billing transitions, trial expirations, and usage-based account suspensions
defined under Section 15).
● Premium Version (version with the commercial agreement)
● This Trust Service is provided in accordance with the Trust Service Policy of
iDenfy, based on ETSI TS 119 461 and ETSI EN 319 401, and aligned with
Regulation (EU) 910/2014 (eIDAS). iDenfy has adopted these standards as
the governing framework for the operation of its Trust Service Version.
iDenfy’s Trust Service Version has been independently assessed for
conformity with ETSI TS 119 461 by an accredited Conformity Assessment
Body (EZÚ, CAB No. 3018). The Conformity Assessment Report and
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Declaration of Conformity are available on request and published in iDenfy’s
public repository (www.idenfy.com/security).
Privacy and Data Processing
Please refer to our Privacy Policy for information about how "iDenfy" collects, uses,
and discloses information about our identity verification services and the information
collected on our website and platform.
Data Processing
"iDenfy" may process Personal Data on behalf of Customer in the context of the
Terms. Insofar as "iDenfy" processes Personal Data on behalf of Customer within the
context of this Agreement, Insofar as "iDenfy" will process Personal Data as a
Controller, it will process personal data under the privacy policy available on the
www.idenfy.com website.
"iDenfy" shall process Personal Data solely to perform the Services, in particular for
the performance of Verifications. Details of the Processing are specified in the
security policy on the www.idenfy.com/security/ website. If at the discretion of
"iDenfy" instruction is in contradiction with a legal provision to which the Processing
is subject, "iDenfy" will not be obliged to comply with such instruction, and "iDenfy"
will notify the Customer before the Processing unless a legal provision prohibits this
notification. In case "iDenfy" must provide Personal Data following a legal obligation,
it will notify the Customer immediately, and if possible, before the provision.
“iDenfy” Customer must provide the purpose to Data Subject, why data will be
collected, and for what purpose it will be used.
“iDenfy” will ask Data Subject using a mobile device or computer equipped with a
camera to provide (if applicable):
● Identity document (national ID, passport, driving license, resident permit);
● Face Selfie;
● Proof of address;
“iDenfy” may process this type of data, if applicable and allowed by local legislation
(the exact data type that will be collected shall be specified in legal agreement with
Data Subject):
● Face image(s);
● ID document image(s);
● Name, middle name (if applicable), and surname;
● Date of birth;
● Personal identification code (if applicable);
● Document identification number (if applicable);
● Document issuing date (if applicable);
● Document expiry date (if applicable);
● Document issuing authority (if applicable);
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● Biometric picture and signature on ID Document;
● ID document;
● Issuing country;
● Nationality (if applicable);
● Gender;
● Address;
● IP address;
● Client unique number;
● Digital signature of E-Chip;
Apart this data “iDenfy” may process any data that appears in images(s) of
document.
“iDenfy” after collecting this data depending on package and contractual details:
● Automatically will process the photos to extract data from photos to digital
format;
● We may use NFC to collect digital signatures and other information from the
ID document’s E-Chip;
● Will use a face comparison system to compare face with the face from the ID
document;
● The results may be transferred to Registration Officer to review and decide if
the application has to be accepted or rejected;
“iDenfy” after collecting this data within Trust Service Version, will:
● Automatically will process the photos to extract data from photos to digital
format;
● May use NFC to collect digital signature and other information from ID
document’s E-Chip;
● Will use a face comparison system to compare face with the face from the ID
document;
● The results will be transferred to Registration Officer to review and decide if
the application has to be accepted or rejected;
"iDenfy" will ensure that only Authorized Personnel as defined in Article 15 will
process Personal Data.
"iDenfy" will take appropriate technical and organizational measures to ensure that
the Processing fulfills the requirements of the GDPR and the protection of the rights
of the Data Subject. The measures will ensure a security level of the Personal Data
adjusted to the nature of the Processing and the risks, and include the Security
Measures described in the security and privacy policies.
"iDenfy" informs the Customer without undue delay, and within 72 (seventy-two)
hours after "iDenfy" becomes aware of a Personal Data Breach. The notification of
"iDenfy" will contain the information referred to in Article 33(3) of the GDPR to the
extent reasonably available. Each party bears its own direct and indirect costs
associated with the report and handling of Personal Data Breaches, including those
associated with notifying the competent supervising authorities and Data Subject(s).
The Customer is solely responsible for notifying the competent data protection
authority and End-user(s) in case of a Personal Data Breach caused by "iDenfy".
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"iDenfy" shall fulfill the requirements of the GDPR and any other mandatory
legislation that applies in the Republic of Lithuania concerning the processing of
Personal Data, including but not limited to the assistance to the Customer to achieve
compliance with the obligations under articles 32 through 36 of the GDPR or to
respond to requests or investigations of a competent data protection authority, taking
into account the nature of the Processing and the information available to "iDenfy".
"iDenfy" may charge a Fee for such assistance.
"iDenfy" will not retain Personal Data longer than necessary for the purpose of the
Processing, unless required to meet a statutory retention term. The Customer is fully
responsible and liable for the determination of the data retention period of Personal
Data from the End-users processed by "iDenfy" Products and Services. If the
"iDenfy" freemium plan is used, data retention time is limited to thirty days, all data
will be automatically removed after retention time. If the Customer is not a free
version user, "iDenfy" shall provide the Customer the ability to determine the data
retention period of Personal Data Processed by "iDenfy" Products and Services.
Usually, data is stored for 8 years if not agreed differently in the service agreement
with the Partner.
"iDenfy" does not process Personal Data outside the European Union unless
described in the Privacy Policy published or unless Parties have expressly agreed in
writing.
The Customer hereby provides "iDenfy" with general authorization to engage
sub-processors. "iDenfy" shall impose the same obligations on the sub-Processor as
set out in this Article. A list of Sub-Processors is included in the privacy policy. If
"iDenfy" adds any Sub-Processor to the list, it will notify the Customer. If the
Customer does not agree with the addition, it has the right to terminate the
Agreement within 30 days upon notification by "iDenfy".
When Customer directly engages a (sub-)Processor other than "iDenfy" to perform
Processing, whereby such (sub-)Processor will use the "iDenfy" Products and
Services for Processing activities, the Customer is fully liable and responsible for
drafting and signing a data protection agreement with such party in accordance with
the GDPR. The Customer shall indemnify and defend "iDenfy" against all Claims,
fines, and costs that are indirectly or directly caused by the Customer’s violation of
the provisions under this Article.
"iDenfy" provides reasonable assistance to the Customer for compliance with its duty
to answer requests concerning the execution of the rights of the Data Subject as
determined in Chapter III of the GDPR, and will forward any requests of Data
Subjects relating to the Processing that is received by "iDenfy" to Data Controller.
After the expiry or termination of the Agreement or service termination, "iDenfy" will
either return the Personal Data within thirty (30) days to the Customer, and Customer
must accept the transfer, or "iDenfy" will destroy all Personal Data and data
connected with it, freemium "iDenfy" version’s data will be removed automatically
after 30 days. "iDenfy" will destroy any existing copies of the personal data unless
applicable law requires the storage of the personal data.
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Customers and Partners (“Subscribers”) using the Trust Service shall:
● Inform Applicants (end-users) of the purpose and scope of the identity
proofing in advance.
● Ensure that the Service is used solely for lawful purposes and in compliance
with applicable legislation (e.g., AML, KYC, GDPR).
● Not misuse or attempt to bypass the security measures of the Service.
● Ensure that data supplied to iDenfy for verification is accurate, complete, and
not falsified.
Information for Relying Parties
Relying Parties (Partners and third parties depending on the verification
outcome) shall only rely on results obtained directly from iDenfy’s secure API
or dashboard. Verification results are valid only for the specific
transaction/session and shall not be reused or relied upon beyond the scope of
the issued result. Expired, altered, or incomplete results shall not be relied
upon.
Event Log Retention
iDenfy maintains comprehensive event logs of all identity proofing transactions
for a period of 10 years, unless a shorter period is required by applicable law
or agreed otherwise in the Service Agreement. Logs are secured against
alteration or deletion and are available for audit and supervisory review.
Complaints and Dispute Settlement
Any complaints may be submitted by email to info@idenfy.com or in writing to
iDenfy’s registered address. Complaints will be acknowledged within five (5)
working days and resolved within 30 calendar days. If the Customer is not
satisfied with the resolution, disputes shall be subject to the jurisdiction of the
courts of the Republic of Lithuania. Customers also have the right to escalate
complaints to the designated Supervisory Authority under eIDAS in Lithuania.
Availability Commitment
iDenfy undertakes to maintain a minimum service availability of 99.9% uptime
per calendar year for the Trust Service Version, excluding scheduled
maintenance windows notified in advance. iDenfy shall make reasonable
efforts to minimize downtime and ensure business continuity in line with its
Business Continuity and Disaster Recovery policies.
2. Eligibility, Registration, and Account
The Services are not targeted towards, nor intended for use by, anyone under the
age of 18. If you are under the age of 18 or the age of legal majority under applicable
law, you may only use the Services under the supervision of a parent or legal
guardian who agrees to be bound by these Terms. By using the Services, you
represent and warrant that you (a) are 18 years of age or older; (b) have not been
previously suspended or removed from the Services; (c) do not have more than one
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online account with "iDenfy"; and (d) have full power and authority to enter into this
agreement and that, in doing so, you will not violate any other agreement to which
you are a party.
To access and use certain areas or features of the Services, you may be required to
register for an online account. When registering for an account, you cannot create an
account name that incorporates a trademark without authorization from the
trademark owner. We reserve the right to reclaim account names or to take other
reasonable action, as necessary, on behalf of any business or individual that holds
legal claim, including trademark rights, in a name.
In consideration of your use of the Services, you agree to (a) provide accurate,
current, and complete information and permit "iDenfy" to correct that information
where it is known to be incorrect or incomplete; (b) maintain and promptly update
your information; (c) maintain the security of your password and accept all risks of
unauthorized access to your account and the information you provide to "iDenfy";
and (d) promptly notify "iDenfy" if you discover or otherwise suspect any security
breaches related to the Services.
"iDenfy" reserves the right to block/delete/temporarily suspend the account at any
time if there is a suspicion of a Service being used for the wrong reasons (including,
but not limited to using the Services, not for the testing purposes).
3. Copyright and Limited License
Unless otherwise indicated on the Services or otherwise by "iDenfy", the Services
and all content and other materials therein, including, without limitation, the "iDenfy"
logo and all designs, text, graphics, pictures, information, data, software, sound files,
copyright, patent, service mark, trademark, trade name, product name other files and
the selection and arrangement thereof (collectively, "Content") are the proprietary
property of "iDenfy" or our licensors are protected by international copyright laws.
"iDenfy" hereby grants the Customer a limited, non-exclusive, non-transferable,
royalty-free license to use the site, platform, dashboard, documentation made
available by "iDenfy" solely for the purpose of using the "iDenfy" Services in
accordance with the Terms and the applicable usage instruction.
Notwithstanding anything to the contrary in these Terms, the Services and Content
may contain software components that are subject to separate license terms, in
which case those license terms will apply to the access and use of such software
components.
Testing accounts, Customer shall use the testing accounts for testing purposes only
in a non-production environment and during.
4. Intellectual property and trademarks
The "iDenfy" logo and any other "iDenfy" product or service names, logos, or slogans
that may appear on the Services are trademarks of "iDenfy" and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of "iDenfy"
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or the applicable trademark holder. You may not use any metatags or other "hidden
text" utilizing "iDenfy" or any other name, trademark, or product or service name of
"iDenfy" without our prior written permission. In addition, the look and feel of the
Services, including all page headers, custom graphics, button icons, and scripts, is
the service mark, trademark, and/or trade dress of "iDenfy" and may not be copied,
imitated or used, in whole or in part, without our prior written permission. All other
trademarks, registered trademarks, product names, and company names or logos
mentioned in the Services are the property of their respective owners. Reference to
any products, services, processes, or other information, by name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship, or recommendation by "iDenfy".
5. Hyperlinks
You are granted a limited, nonexclusive right to create a text hyperlink to the
Services for noncommercial purposes, provided that such link does not portray
"iDenfy" or any of our products or services in a false, misleading, derogatory or
otherwise defamatory manner and provided further that the linking site does not
contain any adult or illegal material or any material that is offensive, harassing or
otherwise objectionable. This limited right may be revoked at any time. You may not
use an "iDenfy" logo or other proprietary graphics of "iDenfy" to link to the Services
without the express written permission of "iDenfy". Further, you may not use, frame,
or utilize framing techniques to enclose any "iDenfy" trademark, logo, or other
proprietary information, including the images found at the Services, the content of
any text, or the layout/design of any page or form contained on a page on the
Services without "iDenfy"'s express written consent. Except as noted above, you
have not conveyed any right or license by implication, estoppel, or otherwise in or
under any patent, trademark, copyright, or proprietary right of "iDenfy" or any third
party.
"iDenfy" makes no claim or representation regarding, and accepts no responsibility
for, the quality, content, nature or reliability of third-party websites accessible by
hyperlink from the Services, or websites linking to the Services. Such sites are not
under the control of "iDenfy", and "iDenfy" is not responsible for the contents of any
linked site, any link contained in a linked site, or any review, changes, or updates to
such sites. "iDenfy" provides these links to you only as a convenience, and the
inclusion of any link does not imply affiliation, endorsement or adoption by "iDenfy" of
any site or any information contained therein. When you leave the Services, you
should know that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any
site you navigate from the Services.
6. Third-Party Content
"iDenfy" may provide third-party content on the Services and may provide links to
web pages and content of third parties (collectively, "Third-Party Content") as a
service to those interested in this information. "iDenfy" does not control, endorse or
adopt any Third-Party Content and makes no representation or warranties of any
kind regarding the Third-Party Content, including without limitation regarding its
accuracy or completeness. You acknowledge and agree that "iDenfy" is not
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responsible or liable in any manner for any Third-Party Content and undertakes no
responsibility to update or review any Third-Party Content. Users use such
Third-Party Content contained therein at their own risk.
7. Advertisements and Promotions
"iDenfy" may display advertisements and promotions from third parties on the
Services or may otherwise provide information about or links to third-party products
or services on the Services. Your business dealings or correspondence with, or
participation in promotions of, such third parties, and any terms, conditions,
warranties, or representations associated with such dealings or promotions, are
solely between you and such third party. "iDenfy" is not responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or promotions
or as the result of the presence of third-party information on the Services.
8. Warranties and Disclaimers
"iDenfy" will perform its obligations under these Terms on a best-effort basis, and all
"iDenfy" Materials are made available on an “as-is'' and “as available” basis. "iDenfy"
makes and has made no warranties to Customer, whether express, implied or
statutory, concerning the "iDenfy" materials, and "iDenfy" expressly disclaims any
implied warranties to Customer on the fitness for a particular purpose,
non-infringement or intended use.
"iDenfy" operates as an identity verification services provider and expressly does not
guarantee that the "iDenfy" Materials will be secure, error-free, virus-free, bug-free or
free from any other kind of interruptions.
Other than as expressly set out in these terms or additional terms, neither "iDenfy"
nor its suppliers or distributors makes any specific promises, either express or
implied, about the Services. For example, we do not make any commitments about
the Content within the Services, the specific functions of the Services or their
reliability, availability or ability to meet your needs. "iDenfy" is not responsible for
typographical errors or omissions relating to pricing.
"iDenfy" reserves the right to change any and all content contained in the Services
and to modify, suspend or discontinue the Services or any features or functionality of
the Services at any time without notice and without obligation or liability to you if you
are using "iDenfy" freemium. Reference to any products, services, processes, or
other information by trade name, trademark, manufacturer, supplier, or otherwise
does not constitute or imply endorsement, sponsorship, or recommendation thereof,
or any affiliation therewith, by "iDenfy". Some jurisdictions do not allow the disclaimer
of implied terms in contracts with consumers, so some or all of the disclaimers in this
section may not apply to you. "iDenfy" expressly does not guarantee that the
documentation will cover, in part or whole, all valid documents issued by countries
and organizations. "iDenfy" is entitled to add, change, or revoke supporting
documents as part of the documentation at any time, without prior notice to the
Customer.
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"iDenfy" will act in good faith. "iDenfy" has implemented policies and procedures to
ensure as much as possible that every user will be equal, and a non-discriminatory
policy applies to all users.
9. Liability
"iDenfy" shall not be liable for any losses nor direct nor indirect if these Terms are
only used for the free trial (testing purposes) or freemium version.
If you are using our Services on behalf of a business with the "iDenfy" Premium
Version, that business accepts these terms. It will hold harmless and indemnify
"iDenfy" and its affiliates, officers, agents, and employees from any claim, action, or
proceedings arising from or related to the use of the Services or violation of these
terms, including any liability or expense arising from claims, losses, damages,
judgments, litigation costs, and legal fees.
If you are using our Services on behalf of a business with "iDenfy" Trust Service
Version, each party’s total liability to the other in relation to all events or series of
connected events occurring under these terms and conditions (and whether the
liability arises because of breach of contract, negligence or for any other reason)
shall be limited to 10000 EUR (ten thousand), liability shall in no case exceed the
amount of 10000 EUR (ten thousand).
10. Right of Modification
"iDenfy" reserves the right to modify or discontinue, temporarily or permanently, the
Services or any features or portions thereof without prior notice. You agree that
"iDenfy" will not be liable for any modification, suspension or discontinuance of the
Services or any part thereof if you are using testing or freemium versions.
11. Accessibility
"iDenfy" will ensure that data subjects will have access to default accessibility tools
by using Windows, Mac OS, Android, and iOS devices and operating systems.
Default accessibility tools would be - Zooming, Colors change (color inverting),
speech control, and other default accessibility tools that are provided by supported
operating systems and devices.
“iDenfy” will provide clear and detailed instructions on how the identity verification
process has to be completed. This setting can be turned on and off by the Customer.
If the Customer is using Trust Service Package, this setting can not be turned off.
12. Termination
Notwithstanding any of these Terms, "iDenfy" reserves the right, without notice and
in our sole discretion, to terminate your right to use the Services or any portion of
thereof, and to block or prevent your future access to and use of the Services or any
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portion thereof if you are using testing or freemium versions. Termination policies
specific to Free Trial and Pay-as-you-go accounts are additionally defined under
Section 15.
13. Changes of provisions
If any provision of these Terms shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and
shall not affect the validity and enforceability of any remaining provisions.
14. Governing Law
These Terms and all disputes and claims arising out of or in connection with them
are governed by Lithuanian law. With the sole exception of any application for
injunctive relief, the parties irrevocably agree that the courts of the Republic of
Lithuania have exclusive jurisdiction to settle any dispute or claim (whether
contractual or non-contractual) arising out of or in connection with these Terms or the
Services (including their subject matter or formation).
15. Pay-as-you-go and Free Trial services
15.1 Free Trial Services
Eligibility and Activation:
The Free Trial service provides temporary access to selected Services for a limited
trial period as specified on the Website or during the registration process. To activate
the Free Trial, the Customer must register an account and may provide valid credit
card information. By registering for the Free Trial, the Customer authorizes "iDenfy"
to verify the credit card details through a minimal authorization charge (which may be
refunded or not processed).
Automatic Transition and Charges:
Unless cancelled before the trial period ends, the Customer will be automatically
transitioned to a Pay-as-you-go account. On the last day of the trial, the Customer’s
credit card will be charged the current rate for the selected package.
Trial Limitations:
"iDenfy" reserves the right to limit access, volume, or features during the trial period,
and may terminate or restrict the trial at its discretion if misuse is detected.
Termination:
The Customer may cancel the Free Trial at any time through the account dashboard.
No charges will apply if cancelled prior to the trial expiration date.
15.2 Pay-as-you-go Services
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Service Model:
The Pay-as-you-go model allows Customers to purchase Services based on usage
without a long-term commitment. Charges apply at the start of the billing period and
again either (a) once all credits are consumed or (b) after 30 calendar days from the
previous charge, whichever comes first.
Credit Usage:
Each transaction (e.g., identity verification check) consumes predefined credits.
Credits purchased under the Pay-as-you-go model expire after 30 days from
purchase unless stated otherwise.
Billing and Payments:
Charges are billed automatically to the registered payment method at the start of
each usage cycle. Customers are responsible for ensuring sufficient funds and a
valid payment method. Failure to process a payment may result in service
suspension or termination.
Cancellation and Refunds:
No partial refunds will be provided for unused credits. Customers may terminate their
Pay-as-you-go account at any time; however, no pro-rata reimbursement will be
given for any remaining credits.
Account Downgrade or Upgrade:
Customers can upgrade to a Premium or Trust Service package or downgrade to
Freemium at any time. Downgrading may result in loss of features or data associated
with higher-tier packages.
Insurance Coverage:
Cyber insurance is not provided under Pay-as-you-go Services. Insurance coverage
is available exclusively under Enterprise (Premium or Trust Service) plans.
Suspicious Use:
"iDenfy" reserves the right to temporarily suspend or permanently terminate
Pay-as-you-go accounts if there is evidence of misuse, fraud, or abuse of the
Services.
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