Terms of Service

Welcome to VerifyYou, which is comprised of various web pages and mobile apps (collectively, the “Service”) operated by Verify You LLC (“VerifyYou”, “we”, “our”, “us”). This Service provides liveness and humaneness verification technology to confirm that users are real human beings before accessing third-party platforms, applications, and services.

By accessing or using our Service, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service.

What is the Service?

Our Service allows you to share your humanness to verify you are a real person. To use the Service, you will create a VerifyYou account (an “Account”) and provide us with certain information about yourself, including by using your mobile device's built-in biometric authentication capabilities.

By using the Service, you agree:

• You are solely responsible for the information associated with your Account, and anything that happens related to your Account;
• You must maintain the security of your Account and notify us if you discover or suspect anyone has accessed your Account;
• You also will not license, sell, or transfer your Account; and
• Your identity is your own, and you will not violate any rights of publicity or privacy of any person.

Eligibility

No one under 13 (or the minimum age required by local law outside the U.S.) is permitted to use the Service. By using the Service, you confirm that:

• You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Service;
• You can form a binding Contract with VerifyYou, or if you are over 13 but under the age of majority in your country, that your legal guardian has reviewed and agrees to these Terms;
• You are not barred from using the Service by any applicable laws; and
• You have not been permanently suspended or removed from the Service.

If we become aware that we have collected personal information without the legally valid consent of a guardian under the age at which such consent is required, we will take reasonable steps to delete it as soon as possible.

Privacy

The Service is controlled, operated, and administered by VerifyYou from our offices within the USA. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we handle personal information.

Use of the Service

Subject to your compliance with these Terms, we grant you a personal, non-transferable, non-exclusive, revocable, and limited license to install and access our Service, and to access and use the Service. We reserve all rights not expressly granted to you.

While using our Service, you must comply with these Terms and all applicable laws, rules, and regulations. Further, you must not:

• Use the Service in a way that could interfere with, disable, or otherwise impair the Service, including by attempting to gain access to the non-public portions of the Service;
• Falsely claim or misrepresent an identity other than your own;
• Use the Service in any manner that we believe to be abuse, fraudulent, commercial, or a competitive purpose;
• Use any technical tool (e.g., robot, crawl, index, click spam) to access, search, copy, or collect data from the Service without our prior written consent;
• Attempt to sell or re-sell the Service; and
• Circumvent any measures implemented by us to prevent violations of these Terms.

Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use such feedback without obligation or compensation to you.

Intellectual Property

The Service is owned and operated by VerifyYou. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, etc. (the “Materials”) is protected by intellectual property and other laws. You agree that you do not acquire any ownership rights whatsoever by using the Service. Except as expressly authorized by us, you may not make use of any Materials.

Representations and Warranties

Each party represents and warrants that it has the power and authority to enter into these Terms. VerifyYou warrants that it will provide the Services in a manner consistent with its business practices, determined, in its sole and absolute discretion, as it 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.

Indemnification

You agree to defend, indemnify and hold harmless VerifyYou, its affiliates, officers, directors, employees, agents, contractors, and third-party service providers (“VY Entities”) for any claims or demands by a third-party, and any related liability, loss, damage or expense (including reasonable attorney's fees) relating to or arising out of (a) your use of or inability to use Service, (b) your violation of any terms of this Agreement, (c) your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. VerifyYou reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VerifyYou in asserting any available defenses.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VERIFYYOU DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE (INCLUDING THAT THERE MAY BE DENIAL OF LEGITIMATE USERS). VERIFYYOU DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR THE ACTIONS OF ANY THIRD PARTY. WHILE VERIFYYOU ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VERIFYYOU

Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERIFY YOU, VY ENTITIES, OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VERIFYYOU, VY ENTITIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Governing Law & Venue

If you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns at legal@verifyyou.com. To the fullest extent permitted by applicable law, any claims you bring arising out of or relating to these Terms or the Services will be governed by the laws of the State of New York, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in New York, NY, and you consent to personal jurisdiction in these courts.

Class Action Waiver

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and VerifyYou agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service for any violation of these Terms, if required by law and at our discretion, with or without notice. On termination, your right to use the Service ceases immediately. We may delete your account and data, consistent with our Privacy Policy. Any provisions that should survive termination (e.g., indemnification) remain in effect.

Changes to these Terms

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will notify you via email, by providing notice through the Services, or by updating the “Last Updated” date at the top of these Terms. If you do not agree to any amended Terms, you must stop using the Service.

Contact Us

If you have questions about these Terms, please contact us at:

Email: legal@verifyyou.com
Mail: Verify You, LLC, 440 Monticello Ave, Suite 1802, Norfolk, Virginia 23510-2670