Terms of Service of elKYC
Posted on: October, 2022
These Terms of Service govern the use of elKYC by Business Users and legal relationship with the Provider in a legally binding way.
YOUR CHOICE TO USE OF elKYC OR MAINTAIN AN ACCOUNT CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE AND ACKNOWLEDGEMENT TO OUR PRIVACY POLICY. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF SERVICE OR PRIVACY POLICY, PLEASE RESTRAIN FROM USING elKYC. Acceptance of these Terms of Service can be done by (1) clicking the box indicating acceptance when registering an Account in the Application or on the Platform, or (2) by providing written consent to accept these Terms of Service. Both options have the same legal effect.
elKYC is provided by:
elKYC OÜ, the limited liability company, registered under the law of Estonia Legal address: Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151 VAT: EE102339501
All contact information you can find on our website or in these Terms of Service.
1. Definitions and legal references
elKYC means software that enables the provision of the Services. This software consists of three parts: (1) the Application that is a demo version of SDK, (2) SDK that must be downloaded and integrated into your application, and (3) the Platform which you can work with through your Account on our website.
You can download the Application in the Appstore using the link https://elkyc.com/. You can download the SDK using the link https://elkyc.com/. You can access your Account on the Platform through our website using the link https://elkyc.com/.
Account means an account of the Business User (1) on the Platform enabling an Authorized Person(s) to access and use the Platform, or (2) in the Application enabling an Authorized Persons to test the Services.
Access Keys mean private API keys that you can find in your Account on the Platform. You shall use Access Keys in order to integrate SDK into your application.
Application means software for mobile devices running on iOS, that you can use to test the Services.
Authorized Person(s) mean affiliates, officers, directors, agents, co-branders, partners, representatives and/or employees of the Business User who access and use elKYC on behalf of the Business User.
Business User (or you, your) indicates a legal entity using elKYC for its own business activity according to these Terms of Service. When the individual is accepting these Terms of Service on behalf of Business User, such individual represents and warrants that: (i) he\she has full legal authority to bind Business User to these Terms of Service; (ii) he\she has read and understood these Terms of Service; and (iii) he\she agrees to these Terms of Service on behalf of the Business User that he\she represents.
End User (or Consumer) means any client or potential client of the Business User qualifying as a natural person or legal entity who accesses SDK part of elKYC for the purpose of identification, verification and/or KYC procedure performance. All Consumers use SDK only due to their relationship with Business Users.
Intellectual Property Rights means all intellectual property rights wherever in the world, whether registrable or non-registrable, registered or unregistered, including any application or right of application for such rights including but not limited to copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs.
KYC procedure means a set of methods and questionnaires set up for identification, verification and onboarding of the End Users, including liveliness detection, face match, document scan and rfid reading services, which Business Users carry out through elKYC.
KYC procedure for facial verification should be considered a valid and duly provided Service in case at least one of the components of the KYC procedure: (i) liveness detection, (ii) face match had provided response within the KYC procedure.
KYC procedure for document verification should be considered a valid and duly provided Service in case at least one of the components of the KYC procedure: (i) document scan, or (ii) rfid reading had provided response within the KYC procedure.
Provider (or we, us, our) indicates elKYC OÜ, the legal entity that provides elKYC or any part of it and/or the Services to Business Users as stated in this Terms of Service.
Services mean (1) the provision of the access to the elKYC or any part of it, (2) the provision of KYC procedure by the Provider to Business Users as described in these Terms of Service, and/or (3) the additional services of customization of SDK for Business User needs.
Terms of Service means this document, applicable to the Business Users as described herein and as updated. The document might include specific additional bilateral agreements entered by Business Users with the Provider from time to time.
More definitions provided in the Terms of Service below.
2. Information about elKYC
2.1 elKYC is a SAAS which provides a service of quick, secure and intuitive onboarding process and verification of Consumers for Business Users.
2.2 elKYC is divided into three stages:
Test of the Services using the Application (optional);
Consumer KYC procedure performance through SDK that is installed into your application;
Work with End User Content through your Account on the Platform (optional).
2.3 You can use elKYC fully (all three parts of it) or partially (only two or one part of it). The use of all parts of the elKYC is not mandatory, some parts or functions are optional.
2.4 elKYC is intended only for Business Users. Please note that the Consumers can use elKYC only in connection with their relationship with the Business Users.
2.5 Usage of elKYC or its parts and the Services are age restricted: the Business Users accept that to access and use elKYC and Services the End User must be an adult under applicable law. Minors may access elKYC and use its Services only under parental or legal guardian supervision and admission.
2.6 Acceptable use. elKYC or its parts and the Services may only be used within the scope of what they are provided for, under these Terms of Service and applicable law, namely: End User identification, verification and/or KYC procedure performance. Business Users are solely responsible for making sure that their use of elKYC and/or the Services violate no applicable law, regulations or third-party rights. Therefore, the Provider reserves the right to take any appropriate measure to protect its legitimate interests including by denying Business Users access to elKYC, any part of it or the Services, terminating contracts, reporting any misconduct performed through elKYC or the Services to the competent authorities – such as judicial or administrative authorities - whenever Business Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms of Service;
infringe any third-party rights;
considerably impair the Provider’s legitimate interests;
offend the Provider or any third party;
scams and fraudulent activities;
deliberate misrepresentation of the elKYC.
2.7 All obligations to not violate the provisions of these Terms of Service are referred to Authorized Persons in the same way as to the Business User they represent.
2.8 In consideration for the Business User’s consent to follow the Terms of Service the Provider grants to the Business User a non-transferable, non-exclusive, worldwide license to use elKYC or any part of it (including the design of it) only in order the End User could pass KYC procedure for the Business User's business purposes. No other license is granted. Neither the Business User nor their Authorized Persons may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information from elKYC, that belong to the Provider, its licensor or other affiliates, without the Provider’s direct prior written consent.
3. Account registration and termination
3.1. Account registration. To use the Services Business Users must register an Account in the Application or on the Platform, providing all required data or information in a complete and truthful manner to the Provider. Failure to do so will cause unavailability of the Services. In the case you reject registration of the Account, we will not store any of your data provided for the purpose of registration.
3.2. The procedure that must be completed in order for the Business Users to start using elKYC:
You have to download our Application, accept these Terms of Service and register the Account (optional);
You have to (1) accept these Terms of Service and register the Account on the Platform (in case if you skip first step), or (2) log in the Platform with the credential (login and password) for the Account to obtain the Access Keys;
You have to choose the place where you will process the End User Content;
You have to download the SDK and implement it into your application where you are going to use the Services.
3.3. Your credentials for your Account in the Application and on the Platform are the same.
3.4. You are responsible for keeping your credentials to the Account and Access Keys confidential and safe. For this reason, you are also required to choose passwords permitted by us, which should comply with the following safety requirements: 8 symbols minimum.
3.5. By registering the Account, you agree to be fully responsible for all activities that occur under your login and password, including but not limited to all activities of your Authorized Persons.
3.6. You are required to immediately and unambiguously inform the Provider via the contact details indicated in this document, if you think your information, including but not limited to your Access Keys or credentials to the Account have been violated, unduly disclosed or stolen.
3.7. License. When you install the SDK into your application, register and/or access the Account on the Platform and/or in the Application, directly or indirectly submit, store, send or receive your data or data of your Consumers to, or from the Platform, you give/grant to the Provider, as well as its representatives, agents, employees, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, host, store, create derivative works, reproduce such data, excluding private data of your Authorized Persons not being impersonalized.
The rights that the Business User grants by this license are for the limited purpose of operating, performing and improving elKYC. This license shall survive termination or suspension of these Terms of Service notwithstanding the reason of such termination or suspension.
3.8. Conditions for Account registration. Registration of the Account on elKYC is subject to the conditions outlined below. By registering, Business Users agree to meet such conditions:
Accounts registered by bots or any other automated methods are not permitted.
Unless otherwise specified, each Business User must register only one Account.
Only Authorized Persons of the Business User can have access to its Account.
3.9. Account termination. Business Users can terminate their Accounts and stop using elKYC at any time by using the tools provided for Account termination on elKYC or by sending a Account termination request to the Provider using contact information specified in this document.
3.10. Account suspension and deletion. The Provider reserves the right, at its sole discretion, to suspend or delete at any time and without notice, Account which it deems inappropriate or in violation of these Terms of Service.
The suspension or deletion of the Account shall not entitle Business Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of the Accounts due to causes attributable to the Business User does not exempt the Business User from paying any applicable fees or prices.
4. Service rendering process
4.1. Unless otherwise specified, the terms of Services rendering detailed in this section apply generally when using elKYC by Business Users.
4.2. Single or additional conditions of Services rendering may apply in specific scenarios and in such cases are additionally indicated within this document or additional documents.
4.3. The process of Services rendering:
After you have downloaded the Application, you can register the Account in it and use it to test the Services (optional) if you accept these Terms of Service;
Next step is (1) to access the Platform using credentials that you used for the Application; or (2) to register the Account on the Platform (if you skip the first step) if you accept these Terms of Service;
You can find your Access Keys in your Account on the Platform;
You have to set up the settings of End User Content processing. You can store and process it on our Platform or you can store and process it on your server.
You shall use your Access Keys to install the SDK into your application and connect it to your KYC procedure.
If you choose the processing of End User Content of your Consumers on our Platform, you are authorized to process the End User Content using your Account on the Platform within the purpose of elKYC. If you choose the processing of End User Content of your Consumers on your server, you cannot process the End User Content using your Account on the Platform.
If you choose the processing of End User Content of your Consumers on our Platform, you can: upload and download End User Content; upload and download additional End User information and documents received not through SDK; delete and/or update End User Content, etc.
4.4. SDK has only one dashboard where End User can pass the KYC procedure uploading the End User Content.
4.5. The Application has only one type of Account - the Account for Business Users.
You can use such Account for: test the Services; upload and download End User Content and/or Business User Content; etc.
4.6. The Platform has only one type of Account - the Account for Business Users.
You can use such Account for:
If you choose to store and process End User Content of your Consumers on our Platform: settings of KYC procedure, general settings, seeing list of the End Users, editing End Users profiles; upload and download End User Content received through SDK; upload and download additional End User Content received not through SDK; delete and/or update End User Content, etc, or
If you choose to store and process End User Content of your Consumers on your server: settings of KYC procedure, general settings, etc.
4.7. SDK that is installed to your application does not need the registration by End User to use it. It is aimed to make the process of registration of Consumers for Business Users services easier and faster. Consumers can use SDK without registration in elKYC.
4.8. We can customize the software or design of your SDK for your needs as a part of Services. To customise your KYC procedure in SDK, please set up settings in your Account on the Platform and add different verification and compliance assessment steps to maximise the user experience while providing the desired level of verification confidence.
4.9. You can choose the place of End User Content of your Consumers storage and processing in your Account on the Platform. If you choose to store and process End User Content of your Consumers on our Platform, we will be the processor of such data with respect to GDPR, and you can use your Account on the Platform to work with such End User Content. If you choose to store and process End User Content of your Consumers on your server, you need to indicate the URL of such server and all End User Content of your Consumers from SDK will be automatically sent to your server. In this case we won't be the processor of such data and won't have the access to such End User Content. In both cases you are a controller of End User Content of your Consumers with respect to the GDPR.
4.10. The usage of Application is not mandatory. You can use it in case you need to test the Services. The Application is our version of a free trial period.
Details on the data processing are in the Privacy policy.
5. Rights and Obligations
5.1. The Provider undertakes:
Organize and ensure the proper functioning of elKYC.
Process all the End User Content and/or Business User Content only in relation to work and improvement of the elKYC, do not transfer or show to unauthorized third parties information about the End Users and Business Users.
To provide relevant, timely and sufficient support service.
5.2. The Provider has the right to receive from the Business User all the data necessary to fulfill its obligations hereunder.
5.3. The Business User is obliged to:
Use elKYC or any part of it only within the limits of those rights and in the ways provided for in the Terms of Service;
Refrain from distribution (copying), publication of elKYC or any parts thereof;
Refrain of any use of elKYC or its parts by any third parties;
Provide the Provider with the consent to the Terms of Service and Privacy Policy by (1) clicking the box indicating acceptance when registering an Account in the Application or on the Platform, or (2) by providing written consent to accept these Terms of Service;
Refrain of attempts to access or derive the source code or architecture of the elKYC or any part of it;
Do not use elKYC in any way that causes, or may cause, damage to elKYC or impairment of the availability or accessibility of elKYC;
Refrain of attempts to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of elKYC;
Refrain of attempts to probe, scan or test the vulnerability of elKYC, or any associated system or network, or to breach any security or authentication feature or measures of elKYC;
Do not use elKYC in any way that is unlawful, illegal, fraudulent or harmful;
Do not use elKYC in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
Do not interfere or attempt to interfere with elKYC to any Business User or End User, host or network, including, without limitation, by means of submitting malicious software or computer code to elKYC, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”;
Do not use or access any services, software in order to build a competitive product, service or solution;
Use all reasonable endeavors, to ensure that no unauthorized person may gain access to elKYC;
Use all reasonable endeavors to prevent any unauthorized access to, or use of, elKYC by any unauthorized third parties and, in the event of any such unauthorized access or use, promptly notify the Provider.
5.4. The Business User has the right to carry out any actions related to the functioning of the elKYC in accordance with its purpose stated hereto.
5.5. More rights and obligations of the parties provided in the text of this document.
6. Content on elKYC
6.1. Unless otherwise specified or clearly recognizable, all content available to the Business User on elKYC is Business User Content and End User Content. All content related to elKYC usage, the Services rendering, and/or that does not directly belong to Business User or End User, belongs to the Provider, its licensors or other affiliated persons.
6.2. Where explicitly stated on elKYC, the Business User may download, copy and/or share some Provider’s content available through elKYC for its non-commercial use and provided that the copyright attributions and all the other attributions requested by the Provider are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.
6.3. Business User Content. The Provider allows Business Users to upload, share or provide their own content to elKYC (“Business User Content”). Such Business User Content belongs to Business User. By providing Business User Сontent to elKYC, Business Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Business User Content includes but is not limited to additional information or documents of End User obtained not through SDK, Business User personal or corporate data, Authorized Persons personal data, Business User banking details, etc.
We need your permission to do things like hosting your content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like sharing, organization, editing and deletion of Business User Content. To provide these and other features, elKYC accesses and stores your Business User Content. By accepting these Terms of Service you give us permission to do so, and this permission extends to our affiliates and trusted third parties we work with.
6.4. End User Content. When End Users use elKYC through your application, they upload to elKYC their personal data, documents and other information (“End User Content”). Such End User Content belongs to End User.
If you choose to store and process End User Content of your Consumers on our Platform, elKYC also provides you with features like sharing, organization, editing and deletion of End User Content of your Consumers. To provide these and other features, we access and store End User Content of your Consumers on your behalf.
Only the Provider, our affiliates and trusted third parties we work with, and your Authorized Person(s) have the right to process the End User Content of your Consumers using elKYC.
As a controller of End User Content of your Consumers, you are responsible for obtaining the End User's consent to the processing and storage of their personal data.
6.5. Rights regarding Business User Content. Business Users acknowledge and accept that by providing their Business User Content on elKYC they grant the Provider a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of elKYC as contractually required as mentioned in the clause 3.7. of this document.
6.6. Liability for provided content. Business Users are solely liable for any Business User Content they upload, post, share, or provide through elKYC. Business Users acknowledge and accept that the Provider does not filter or moderate Business User Content nor End User Content. The Provider is not responsible for the Business User Content nor End User Content. If the Provider becomes aware of non-compliance of the Business User Content or End User Content with the requirements of this document, violation of the law or violation of the rights of third parties, the Provider will send the Business User a request to remove or update such content within a reasonable period of time.
However, the Provider reserves the right to remove, delete, block or rectify any Business User Content or End User Content of its Consumers at its own discretion and to, without prior notice, deny the uploading Business User access to elKYC:
if any complaint based on such content is received;
if a notice of infringement of Intellectual Property Rights is received;
upon order of a public authority; or
where the Provider is made aware that the content, while being accessible via elKYC, may represent a risk for Business Users or its Consumers, third parties and/or the availability of elKYC.
6.7. The removal, deletion, blocking or rectification of any Business User Content or its Consumers’ End User Content shall not entitle Business Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
6.8. Business Users agree to hold the Provider harmless from and against any claim asserted and/or damage suffered due to their Consumers’ End User Content and \ or content they provided to or provided through elKYC.
7. Payment
7.1. The Services provided on elKYC are provided on the basis of monthly payment. The fees, duration and conditions applicable to the purchase of such Services are described below and (1) in the dedicated sections of your Account which are the integral part of this document, or (2) in the additional agreement to these Terms of Service between you and the Provider. The characteristics of the chosen Services will be outlined during the purchasing process or can be found on the website of the Provider or in the additional agreement to these Terms of Service between you and the Provider.
7.2. Prices, descriptions or availability of Services are outlined in the respective sections of elKYC or in the additional agreements between you and the Provider, and are subject to change only with previous notice.
7.3. The monthly payment for the Services provision may vary from month to month and depends on the number of KYC procedures that were done by Consumers of each Business User in a particular month, but can not less than the price of chosen tariff as shall be indicated in additional agreement between you and us. If the number of KYC procedures per month exceeds the number of KYC procedures available at the chosen tariff, then such KYC procedures are paid additionally at the cost, as indicated in the additional agreement between you and us. KYC procedures unused during the month shall not be included in the next month's tariff.
7.4. The cost of connecting to elKYC is paid separately from monthly payment. This cost is one-time and shall be paid before the start of Services rendering.
7.5. elKYC automatically generates the invoice for each payment under these Terms of Service which you can find in your Account on the Platform or such invoice can be sent to your registered e-mail address.
7.6. Methods of payment. The payment for the Services can be made in several ways: (1) by wire bank transfer according to Provider's bank details, or (2) by automatic debiting from the Business User's bank card. The payment shall be made no later than the 10th banking day of each month following the month for which the payment is made. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of elKYC or your Account.
7.7. Customization services. The Provider can provide to the Business Users additional Services related to SDK customization as indicated in clause 4.8. of this document. Such services shall be paid separately from monthly payment for other Services (access to the elKYC) under additional invoices.
7.8. To the maximum extent permitted by applicable laws, we may change our prices for the Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the elKYC and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel your access to the elKYC prior to the change going into effect.
8. Liability and Indemnification
8.1. Indemnification. The Business User agrees to indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to elKYC, violation of these Terms of Service, infringement of any third-party rights or statutory provision by the Business User or its Authorized Persons to the extent allowed by applicable law.
8.2. The Business User agrees to defend, indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
Business User’s use of and access to elKYC, including any data or content (including End User Content of its Consumers) transmitted or received by such Business User;
Business User’s violation of these Terms of Service, including, but not limited to, Business User’s breach of any of the representations and warranties set forth in these Terms of Service;
Business User’s violation of any third-party rights, including, but not limited to, any right of privacy or Intellectual Property Rights;
Business User’s violation of any statutory law, rule, or regulation;
any content that is submitted from Business User’s Account, including third party access with Business User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
Business User or its Authorized Person’s wilful misconduct; or
statutory provision by Business User or its Authorized Persons to the extent allowed by applicable law.
8.3. Limitation of liability. Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Business Users shall have no right to claim damages against the Provider (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity of Business User’s Authorized Persons or Consumers, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as elKYC has been appropriately and correctly used by the Business User and any natural person acting on its behalf. Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Provider shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
8.4. In particular, within the limits stated above, to the maximum extent permitted by applicable law, in no event shall the Provider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
any loss of business opportunities and any other loss, even indirect, that may be incurred by the Business User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.), any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the elKYC;
damages or losses resulting from interruptions or malfunctions of elKYC due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Provider, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the elKYC or Business User Account or the information contained therein;
any losses that are not the direct consequence of a breach of the Terms of Service by the Provider;
any errors, mistakes, or inaccuracies of content;
property damage, of any nature whatsoever, resulting from Business User access to or use of the elKYC;
any unauthorized access to or use of the Provider’s secure servers and/or any and all content (including End User Content) stored therein;
any interruption or cessation of transmission to or from elKYC;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the elKYC;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through elKYC; and/or
the defamatory, offensive, or illegal conduct of any Business User or third party.
In no event shall the Provider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by Business User to the Provider hereunder in the preceding 12 months, or the period of duration of this agreement between the Provider and Business User, whichever is shorter.
8.5. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Provider or \ and Business User has been advised of the possibility of such damage.
8.6. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to Business Users. The Terms of Service give to Business User specific legal rights, and Business Users may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms of Service shall not apply to the extent prohibited by applicable law.
9. Disclaimer of Warranties
9.1. elKYC is provided strictly on an “as is” and “as available” basis. Use of elKYC is at Business User’s own risk. To the maximum extent permitted by applicable law, the Provider expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by Business User from Provider or through the Services will create any warranty not expressly stated herein.
9.2. Without limiting the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content of elKYC is accurate, reliable or correct; that elKYC will meet Business User’s requirements; that elKYC will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that elKYC is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of elKYC is downloaded at your own risk and you shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of elKYC.
9.3. The Provider does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through elKYC or any hyperlinked website or service, and the Provider shall not be a party to or in any way monitor any transaction between Business Users and third-party providers of products or services.
9.4. elKYC may become inaccessible or it may not function properly with your Authorized Persons’ web browser, mobile device, and/or operating system. The Provider cannot be held liable for any perceived or actual damages arising from elKYC content, operation, or use of elKYC.
9.5. For the Business Users from the USA: Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to such Business Users. This document gives Business Users specific legal rights, and Business Users may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms of Service shall not apply to the extent prohibited by applicable law.
10. Intellectual property rights
10.1. Without prejudice to any more specific provision of these Terms of Service, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to elKYC are the exclusive property of the Provider or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with elKYC are, and remain, the exclusive property of the Provider or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
10.2. Except as expressly stated herein, these Terms of Service does not grant the Business User any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of elKYC.
10.3. The Provider confirms that it has all the rights in relation to elKYC that are necessary to grant all the rights the Provider purports to grant under, and in accordance with these Terms of Service.
10.4. If you believe our content infringes copyright or trademark under U.S. or other national law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention.
10.5. If you believe the End User Content of your Consumer infringes any rights of third parties, you are obliged to notify such End User immediately and investigate the situation.
10.6. The Provider holds and reserves all Intellectual Property Rights for its content on elKYC and for elKYC.
10.6.1. Business Users may not therefore use Provider’s content in any way that is not necessary or implicit in the proper use of elKYC. In particular, but without limitation, Business Users nor their affiliates may not copy, download, share (beyond the limits set forth in these Terms of Service), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Provider’s content available on elKYC, nor allow any third party to do so through the Business User or their devices, even without the Business User or its Authorized Person’s knowledge.
10.6.2. Business Users nor their Authorized Persons may not distribute (copy), publish of elKYC or any parts thereof; disclose information of its Account and other data in connection with elKYC and these Terms of Service; attempt to access or derive the source code or architecture of elKYC or any part of it; use elKYC in any way that causes, or may cause, damage to elKYC or impairment of the availability or accessibility of elKYC; attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of elKYC; attempt to probe, scan or test the vulnerability of elKYC, or any associated system or network, or to breach any security or authentication feature or measures of elKYC; use elKYC in any way that is unlawful, illegal, fraudulent or harmful; use the elKYC in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; interfere or attempt to interfere with elKYC, host or network, including, without limitation, by means of submitting malicious software or computer code to elKYC or any part of it, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”; use or access any services, software in order to build a competitive product, service or solution.
11. Logo use
11.1. The Provider hereby grants to the Business User limited, non-exclusive, non-transferable, non-sublicensable, royalty-free and revocable license to use its logo “elKYC” for the limited purposes subject to the terms and conditions of this document.
11.2. The Business User is not permitted to make any changes to the Provider’s logo, including, but not limited to:
Distort the logo by scaling disproportionally;
Adjust the colors of or add gradients to the logo;
Change the typeface;
Reconfigure the logo or add embellishments like drop shadows;
Outline the logo;
Size the logo so small that it is not readable;
Manipulate or alter the logo in any other way.
11.3. The Business User agrees not to challenge or assist others to challenge the Provider’s logo (except to the extent such restriction is prohibited by applicable law), and the Business User agrees not to register or attempt to register any domain names, trademarks, trade names, or other distinctive brand features that are confusingly similar to those of the Provider.
11.4. The Provider reserves the right in its sole discretion to terminate or modify the Business User’s permission to display the Provider’s logo and to take action against any use that does not conform to the terms and conditions set forth herein, infringes any Provider’s intellectual property or other right, or violates applicable law. Any use of the Provider’s logo without its prior written permission, other than as specifically authorized by these Terms of Service, is strictly prohibited.
12. Data Processing
12.1. The Business User warrants to the Provider that the Business User Content will not infringe the Intellectual Property Rights, data and personal data protection rules or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
12.2. If you choose the processing of End User Content on our Platform, only the Provider, our affiliates and trusted third parties we work with, and your Authorized Persons have the right to process the End User Content of your Consumers using the Platform.
12.3. The Provider shall process the Business User Content with no time limits, subject to the other provisions of this section.
12.4. Notwithstanding any other provision of this Terms of Service, the Provider may process the Business User Content and End User Content the Provider has access to, if and to the extent that the Provider is required to do so by applicable law. In such a case, the Provider shall inform the Business User of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
12.5. The Provider may engage a third party to process the Business User Content, ensuring that such sub-processors comply with the requirements of GDPR or other applicable data processing rules with respect to the issues of Business User Content protection and general data security. The Provider shall inform the Business User within the reasonable term of any intended changes concerning the addition or replacement of any third-party processor, and if the Business User objects to any such changes before their implementation, then the Business User may terminate its Account. The Provider shall ensure that each third-party processor is subject to equivalent legal obligations as those imposed on the Provider by this section.
12.6. Data subjects under this document are:
The Business User and its Authorized Persons;
The End User (optional).
12.7. The Provider shall establish the security of data processing. The measures to be taken are measures of data security and measures that guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems.
12.8. If you choose to store and process End User Content of your Consumers on our Platform, we will be the processor of such data with respect to GDPR, and the Data Processing Agreement has to be signed between you and us.
13. Common provisions
13.1. No Waiver. The Provider’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
13.2. Service interruption. To ensure the best possible Services level, the Provider reserves the right from time to time to modify, alternate or change design, functionality or information contained on elKYC informing the Business Users appropriately.
Within the limits of law, the Provider may also decide to suspend or terminate elKYC altogether. If elKYC is terminated, the Provider will cooperate with Business Users to enable them to withdraw their Business User Content and their Consumers’ End User Content in accordance with applicable law.
Additionally, elKYC might not be available due to reasons outside the Provider’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
13.3. Service reselling. Business Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of elKYC and of its Services without the Provider’s express prior written permission, granted either directly or through a legitimate reselling programme.
13.4. Privacy policy. To learn more about the data processing by elKYC, you may refer to the Privacy Policy of elKYC.
13.5. Access to external resources. Through elKYC Business Users may have access to external resources provided by third parties. Business Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
13.6. Assignment of contract. The Provider reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms of Service, taking the Business User’s legitimate interests into account. Provisions regarding changes of these Terms of Service will apply accordingly. Business Users may not assign or transfer their rights or obligations under these Terms of Service in any way, without the written permission of the Provider.
13.7. Our notice to you via email, regular mail, or notices or links displayed in connection with elKYC constitutes acceptable notice to you under these Terms of Service. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with elKYC, then it will be considered received twenty-four hours after it is first displayed.
13.8. These Terms of Service constitute the entire agreement between the Business User and the Provider with regard to the Services rendering and supersedes any and all prior negotiations, representations and agreements, whether written or oral, made between the Business User and the Provider. Additional agreement may be signed as an addition to this document.
13.9. Changes to these Terms of Service. The Provider reserves the right to amend or otherwise modify these Terms of Service at any time. In such cases, we will appropriately inform the Business User of these changes. Such changes will only affect the relationship with the Business User for the future.
The continued use of elKYC will signify the Business User’s acceptance of the revised Terms of Service. If you do not wish to be bound by the changes, you must stop using elKYC. Failure to accept the revised Terms of Service, may entitle the Provider to terminate the Services rendering in accordance with this document.
The applicable previous version will govern the relationship prior to the Business User's acceptance. The Business User can obtain any previous version from the Provider. If required by applicable law, the Provider will specify the date by which the modified Terms of Service will enter into force.
The provisions of this document might be changed or supplemented by written additional agreement between Business User and the Provider, which has supreme legal force in relation to these Terms of Service.
13.10. Severability. Should any provision of these Terms of Service be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Business Users. Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms of Service constitute the entire agreement between Business Users and the Provider with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms of Service will be enforced to the fullest extent permitted by law.
EU Business Users. Should any provision of these Terms of Service be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms of Service shall not nullify the entire agreement, unless the severed provisions are essential to the agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
13.11. Governing law. These Terms of Service are governed by the law of the Republic of Estonia, without regard to conflict of laws principles.
13.12. Amicable dispute resolution. Business Users may bring any disputes to the Provider who will try to resolve them amicably.
While Business User’s right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of elKYC or the Service, Business Users are kindly asked to contact the Provider at the contact details provided in this document.
The Business User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or Account, to the Provider’s email address specified in this document.
The Provider will process the complaint without undue delay and within 10 calendar days of receiving it.
13.13. Venue of jurisdiction. The exclusive competence to decide on any controversy resulting from or connected to these Terms of Service lies with the courts of the Republic of Estonia.
13.14. Contacts and Support. All communications relating to the use of elKYC must be sent using (1) the contact information of your elKYC manager, (2) the elKYC support email address: support@elkyc.com, (3) to the legal address of the Provider, or (4) using the online chat with our support team in your Account on the Platform.
Additional contact information you can find on our website - https://elkyc.com/.
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