This “eyeDnow-End-User Terms and Conditions” (“agreement), governs your access to and use of eyeDnow website, applications and visual identity verification services ( as defined below) offered on the site. This is a legal agreement between you and eyeDnow.
When you registered, you either registered as an individual entity or as a company other business organization. When you registered you provided all the information about yourself and/or owner of principal of the business. You hereby, represent and confirm all the information provided in true and correct, and you are authorized to act on behalf of the organization and have authority to connect the business to this agreement. The term “you” “your” and, “visual identity verification user” will mean you, the natural person as well as the business.
When you register, we collect basic information such as your name, phone number, email and queries. You may ask for an additional documents. You were also required to create username and password to access eyeDnow services. Any information you provided will be treated in accordance with eyeDnow’s privacy policy.
By checking the box on the registration page agreeing to these terms and conditions or by using eyeDnow’s services, you are confirming that you have read, understood and agreed to be bound by this agreement.
If you do not agree or unable to agree to be bound by this agreement, do not use eyeDnow services and exit the site.
eyeDnow has all the rights and authority to modify this Agreement from time to time. When modifications/changes are made, eyeDnow will make the revised version available on this same web page and,indicate the date when changes were made. If you use the website or eyeDnow’s services after modification, will constitute acceptance by you of such changes.
2. This agreement is effective from the very date you first registered (the “effective date”).
3. eyeDnow is providing visual identity verification services to the eyeDnow user pursuant to this agreement. This agreement shall remain effective until the termination. eyeDnow user or eyeDnow may terminate this agreement or/and suspend your access to the eyeDnow services at any time.
4. As part of the visual identity verification, eyeDnow grants to the user a revocable, non-exclusive, non-transferable license to utilize the eyeDnow services for the lawful purposes specified in Schedule A ( the “permitted purpose”). The license allows the user the right to submit data for verification through the eyeDnow services according to the permitted purpose (each submittal “Transaction”) and in accordance to pricing terms described in Schedule A.
5. If eyeDnow processes EU Personal Data in the course of the provision or procurement of the eyeDnow services, the parties will abide by the requirements included in the EU Personal Data Schedule, attached as Schedule B, including notifying the data subject that their information will be transferred outside European Economic Area, providing any other information to the data subject and, offer the data subject an opportunity to object the transfer.
6.The eyeDnow user must not distribute, market, re-license, sub-license, rent, lease, adapt, translate, enhance, modify, de-compile, disassemble, reverse engineer, reproduce, create derivative works or translate the whole or any part of the information included in the eyeDnow services, and must not merge eyeDnow services into any other product or service without taking the prior written permission of eyeDnow.
7. In consideration of eyeDnow providing the visual identity verification services to the users, they agrees to pay to eyeDnow the fees as set forth in the Schedule A, including any related payment transmission fees or related bank charges. Unless otherwise expressly stated, all fees and charges referred to in this Agreement (including the Schedule) are exclusive of Goods and Service Tax. Payment will be made by charging your credit card on file. By providing credit card information or other payment method acceptable to eyeDnow, you represent and warrant that; i) the information provided is true and correct; ii) you are authorized to provide that information and to use the designated payment method; and iii) you authorize eyeDnow to change the payment method for the total amount due. You agree to pay all credit card charges when due. You agree to pay all charges when due regardless of the number of transactions performed and regardless of the specific results or performance of the eyeDnow services.
8. The eyeDnow user warrants and represents that it-
a) will comply with all applicable laws and regulations, including but not limited to privacy, data protection law.
b) has all licences, authorisations, consents and approvals necessary in order to perform its obligations under this Agreement;
c) Will maintain and enforce a privacy policy that at least complies with US Privacy Act.
d) will only use eyeDnow services for the permitted purposes or otherwise in accordance with the terms of this agreement (including any obligations or restrictions set out in the Schedules);
e) will comply with all requirements and additional obligations listed in the Schedule A including, where applicable, the implementation of consumer consent requirements and agreement to additional terms and conditions contained therein;
f) will obtain the freely given specific and informed consent from the individual that is the subject of the identity verification Services, in accordance with applicable laws;
g) will use eyeDnow services for its own purposes, and will not forward, send or disseminate any data or information contained within eyeDnow services to any other company or third party.
h) will, upon request, provide all reasonable assistance to allow eyeDnow to monitor or audit the eyeDnow’s users compliances with this agreement, and to otherwise enable eyeDnowto comply with its obligations to third parties ( including but not limited to government departments and agencies).
i) will not introduce any back door, drop dead device, time bomb, Trojan horse, virus, or worm (as such terms are commonly understood in the software industry) or any other code designed or intended to have, or capable of performing, any of the following functions: (i) disrupting, disabling, harming or otherwise impeding in any manner the operation of, or providing unauthorized access to, the eyeDnow’s computer system, or network and damaging or destroying any data.
9. The services of eyeDnow are provided on the following terms:
a) eyeDnow does not represent or warrant or guarantee that the databases used to provide the visual identity verification services are complete, accurate or correct, and accordingly eyeDnow does not represent or warrant or guarantee that any kind of information provided by eyeDnow to the identity verification services users as part of eyeDnow’s services is complete, accurate or correct.
b) Any information provided by eyeDnow to the user as a part of eyeDnow’s services depends on the completeness, accuracy and correctness of data which is entered by the users.
c) The provision of the identity verification service by eyeDnow is contingent on data sources supplied by third parties, including government agencies, third party suppliers of identity verification services and credit reference agencies. Those third parties may change or may, due to change in laws or other reasons, change their policies or services. Therefore, the provision and price of the visual identity verificatio Services, and the Permitted Purpose, may be amended by eyeDnow (acting reasonably) where and to the limited and minimum extent required to comply with a change from a third party supplier.
d) The User hereby authorizes eyeDnow to engage the third parties described in clause 9(c), to provide the requested visual identity verification Services. The User agrees that eyeDnow may provide to such third parties any information necessary for the fulfilment of the identity verification Services and eyeDnow may check the information provided by the User against any databases supplied by such third parties for the purposes of performing the identity verification Services.
10. eyeDnow,its contractors and sub-contractors, for the purposes of this Agreement, are not –
a) a Reporting Entity as defined in Anti-Money Laundering and Counter-Terrorism Financing Act
b) a Reporting Entity as defined under Canadian provincial and or federal laws;
c) a Consumer Reporting Agency as defined by the U.S. Fair Credit Reporting Act 15 U.S.C. et seq ("FCRA") and eyeDnow’s data or reports do not constitute "Consumer Reports" as that term is defined in the FCRA.
11. The use is responsible for-
a) procuring any software or applications which it requires to use or view the identity verification services;
(b) the accuracy of the information input for the identity verification Services; and
(c) assessing and setting the risk tolerance level according to its needs.
12. Subject to the terms of this Agreement, the parties agree to cooperate and provide reasonable assistance in joint marketing materials from time to time. No such announcements shall be issued without both parties' prior written consent, such consent not to be unreasonably withheld or delayed.
13. eyeDnow and its service providers will retain ownership of all intellectual property in the identity verification Services (including any amendments, enhancements, modifications or updates of the Services).
14. Except as expressly set out herein, the User will have no rights or interest with respect to the Services. Nothing contained in this Agreement will constitute a licence or grant of any rights to the User with respect to any trademark, logo, service, mark, trade name, service name or patent.
15. As used in this Agreement, "Confidential Information" means any information communicated by either party to the other party in the context of their business relationship (whether documented now or in the future or otherwise) and includes information regarding the identity verification Services not generally known to the public, the identity of eyeDnow's data sources and vendors as well as any information relating to an identified or identifiable individual (including, without limitation, name, postal address, telephone number, date of birth, government identity card number, driver's license number, or any other unique identifier or one or more factors specific to the individual's physical, physiological, mental, economic or social identity, and whether confidential customer data or otherwise) provided by either party to the other ("Personal Information") and including user name and password information.
16. Except with respect to Personal Information, Confidential Information does not include information that is generally known to the public, information received in good faith from a third party not subject to a confidential obligation to the source, or information that was independently developed by the recipient without the developing persons having access to or knowledge of the confidential information.
17. 7. Each party agrees that it will –
(a) not disclose, nor permit any person to disclose, to any other person or entity any Confidential Information except to those of its data vendors, directors, officers or employees with a strict need to know in order to perform the obligations under this Agreement. Such data vendors, directors, officers or employees shall be of the obligation of confidentiality hereunder and shall be subject confidentiality obligations at least as restrictive as those set forth in this Agreement. Should either party be legally required to disclose Confidential Information, that party shall, unless prohibited by law, immediately notify the other party of such request or requirement for disclosure, and reasonably assist that party, prior to disclosure so that party may seek an appropriate protective order;
(b) protect the Confidential Information with the same degree of care it uses to safeguard its own information of a similar character, provided that such degree of care shall not be less than a reasonable degree of care implementing appropriate administrative, physical, technical and organizational measures, policies and procedures to protect Confidential Information against accidental or unlawful destruction or accidental loss, unauthorized alteration, disclosure or access, and other unlawful forms of processing;
(c) immediately notify the other party in writing if it suspects, has reason to believe or confirms that any Confidential Information is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose other than legitimate business reasons;
(d) comply with all applicable privacy and data protection laws which may apply to the storage or transmission of any Confidential Information; and
(e) return or destroy Confidential Information to the other party within ten (10) days of notice from such party.
18. eyeDnow may suspend the Services or terminate this Agreement immediately, without further obligation to User, in the event that (i) the User commits a material breach of any of its obligations under this Agreement, (ii) for non-payment of services, or (iii) if there is a change of circumstances beyond eyeDnow's control which prevents eyeDnow from providing the identity verification services.
19. Neither party will be liable for any delay or failure to perform its obligations under this Agreement if such delay is due to an act of God, fire, flood, earthquake, explosion, accident, acts of the public enemy, terrorist acts, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, transportation embargo, change of law or strike
20. eyeDnow is not responsible for:
a. if the User fails to use the visual identity verification Services in accordance with the Permitted Purpose or any other term of this Agreement;
b. if any equipment, browser, server or software utilized by the User in accessing the Services fails; or,
c. for any damage to equipment, hardware, programs or data, whether stored or used with the identity verification Services or otherwise, including the costs of repairing such equipment or hardware and the costs of recovering such programs or data.
21. To the extent permitted by law, other than to the extent expressly set out in this Agreement, eyeDnow makes no representations or warranties either express or implied –
a. in relation to the suitability, quality, merchantability, performance or fitness for a particular purpose of the identity verification Services;
(b) that the identity verification Services will meet the User's requirements;
(c) that the User's use of the identity verification Services will be uninterrupted or error-free or that any errors or defects in the identity verification Services will be corrected; or
(d) regarding the interoperability, compatibility or coexistence of the identity verification Services with the User's operating system or particular network environment or hardware.
22. IN NO EVENT WILL eyeDnow OR ITS REPRESENTATIVES, OR ANY DATA PROVIDER, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT IN ANY MANNER, REGARDLESS OF THE FORM OF ACTION (INCLUDING STRICT LIABILITY OR NEGLIGENCE).
23. Notwithstanding any other term of this Agreement, eyeDnow accepts no liability for any inaccuracy, incompleteness or other error in any (i) inquiry information, (ii) other information, or (iii) data, provided by the User to eyeDnow.
24. User will indemnify eyeDnow, its affiliates and agents from and against any and all claim, damages, losses, liabilities or fees arising in connection with any costs incurred as a result of a breach of any term of this Agreement by the User.
25. The User must not assign or transfer any rights or liabilities under this Agreement to any other person, except with written consent of eyeDnow.
26. If, for any reason, eyeDnow is required to disclose any or all of its data vendors to User, then User agrees that it shall be prohibited from contacting or doing business with such data vendors, for the purpose of obtaining similar services as those provided through eyeDnow under this Agreement, at any time during the term of the Agreement and for a period of one (1) year after the termination of this Agreement.
27. User can contact eyeDnow at any time with questions or to cancel the Services by sending an email to (put the email id)
28. If any provision of this Agreement is found to be illegal or unenforceable by any court of competent jurisdiction then that provision will be deemed to be deleted, but without affecting the remaining provisions.
29. A failure by either party to exercise or enforce any rights available to that party or the giving of any forbearance, delay or indulgence is not to be construed as a waiver of that party's rights under this Agreement.
30. All documents referred to in this Agreement form part of this Agreement and may be amended from time to time by the parties in writing. Such amendments do not otherwise affect the rights and obligations howsoever under this Agreement.
31. This Agreement (including the Schedule and any other documents referred to in the Schedule or this Agreement) contains the entire Agreement between the parties and there are no other representations, promises or conditions.
32. This Agreement is governed by the laws of Florida, the United States. Both parties stipulate and agree that any litigation arising from or relating to this Agreement will be heard in a court of competent jurisdiction located in Florida.
Developer Plan Schedule A
Pricing:
Identity Verification:
Permitted Purpose:
Verifying an individual's identity, age or address information for lawful purposes of identity verification, fraud prevention or enforcement of laws designed to prevent money laundering but does not include determining a consumer's eligibility for credit or insurance for personal, family or household purposes, employment or a government license or benefit.
Countries:
United States
Canada
Document Verification:
processing of supported government issued consumer identity documents including validation of authenticity and text and or image extraction.
Additional Obligations:
User must collect and show identity document images in accordance with specification.
User understands and acknowledges that use of the Document Verification may be subject to various privacy, data protection, and information protection laws. Such laws may vary from state to state (within the United States) or applicable jurisdiction. It is the sole
responsibility of User to ensure complete compliance with any and all applicable laws. User represents and warrants that it, and its Affiliates, will comply with any and all requirements of such privacy, data protection, and information protection laws, including, but not limited to, disclosures regarding collection and retention, obtaining consent, and providing a public written policy, where necessary.
User agrees that it is solely the responsibility of User to determine and implement the applicable legal and regulatory requirements in relation to the collection and processing of its user’s information prior to submitting a Document Verification Transaction.
Countries:
United States
Canada