The TOU governs your use of CheckedID, the JanusID mobile identity verification service (‘App’). By accepting the TOU or using the App, you agree to be bound by the TOU. If you do not accept and comply with the TOU, you may not use the App.
‘Data’ means identity information you provided to us by using the App.
‘Materials’ means any software, hardware, websites, databases, designs, models, programs, reports, and other services and materials used by us, or a third party requiring verification of your identity to use its services, in relation to the App.
Your privacy is important to us. Please carefully review the JanusID privacy statement (‘ Privacy Statement’ ), which describes how we use your Data. We are a processor of your Data and do so based on your instructions and in compliance with applicable law. As between you and us, you own and control your Data and are responsible for it.
3. App Licence
We grant you a non-transferable, non-exclusive, revocable and worldwide licence to install and use one copy of the App on one device as described in this Agreement. The App is licenced, not sold, to you. We reserve all other rights.
The App enables verification of your identity and you agree to the use of Data by us solely for this purpose. Access to the App and the number of times you are allowed to use it depend on the type of user you are:
· If you use the App in your capacity as employee, you need to enter the credentials provided by your employer to activate the App. You are responsible for keeping the credentials confidential and you agree to immediately notify us and your employer in case of any breach of security or unauthorized use. You may use the App solely to enable verification of the identity of your employer’s customers/ invitees.
· If you use the App in your capacity as customer or invitee of a legal entity either (1) on your own device, in which case you need to use a QR code provided by the legal entity to activate the App, or (2) as installed on the device of an employee of the legal entity. In either case, you agree that we may provide certain Data to the legal entity.
· If you use the App in any other capacity, you need to enter the code you obtained at www.checkedid.net to activate the App. You agree that we may store certain Data in your Janus ID account.
You agree that by following the App’s on-screen instructions the camera in your device may be used to capture identity documents and user images in order for us to provide the identity services.
Except as expressly granted by this Agreement or otherwise by us in writing, you acquire no right, title or licence in the App or any Materials accessed from or incorporated in the App. We reserve the right to suspend, discontinue, enhance, update or otherwise modify the App, or its availability to you, at any time without notice. The TOU does not give you any rights to any updates, upgrades, maintenance releases, patches, fixes, extensions or enhancements (collectively: ‘Updates’) to the App developed by us or our suppliers or licensors. Except as required under applicable law, this licence does not entitle you to receive any maintenance or support services with respect to the App. If provided by us, Updates may be delivered automatically to your device, or you may be notified when a new Update is ready to be installed, or we may make such Updates available for download. You authorize us to deliver automatically any Update we believe is necessary for the continued functionality of the App or for any reasonable business purpose. Your use of Updates will be governed by the TOU unless you are asked to agree to new or additional terms at the time of download or installation. You may have to agree to a renewed version of the TOU if you wish to download, install or use a new or modified version of the App.
4. App Licence Restrictions
You agree to the following licence restrictions: (a) not to install or use a copy of the App on a device that you do not own or control; (b) not to duplicate, copy or distribute the App, except as necessary to use it on your device; (c) not to licence, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party; (d) not to use the App for any unlawful activity, or in any way that could damage the App or impair anyone else’s use of it or a wireless network, or to try to gain unauthorized access to any service, data, account or network by any means; (e) not to modify, translate, or create derivative works based on the App or disassemble, decompile or reverse engineer any part of the App, except and only to the extent that applicable law expressly permits, despite this limitation; (f) not to work around any technical limitations in the App; and (g) to preserve all copyright and other proprietary rights notices on the App and all copies thereof.
5. Termination and Suspension
We may terminate or suspend your use of the App upon prior written notice to you if you violated the TOU and either (a) the violation is one that cannot be cured, or (b) you fail to cure the violation within five days after you receive our notice. Upon termination or suspension you will cease using the App immediately. You may discontinue your use of the App at any time.
Each party represents and warrants to the other party that it will comply with any and all laws, rules, and regulations that are applicable to its performance under the TOU.
Except as stated above, we and our affiliates, resellers, distributors and vendors make no warranties, guarantees or conditions with respect to the App. You understand that use of the App is at your own risk and that the App is provided ‘as is’, ‘with all faults’, and ‘as available.’ You understand that computer and telecommunication devices and services are not fault-free and occasional periods of downtime may occur. Nothing in these terms is intended to affect any rights you may have under applicable law.
If you have any basis for recovering damages, you agree that our total liability and your exclusive remedy is to recover from us direct damages up to €5,00. Unless our performance of the TOU is permanently impossible, we shall only be liable due to an attributable failure in the performance if you declare us to be in default in writing without delay and allow us a reasonable cure period, and we culpably fail to fulfil our obligations also after such period. You cannot recover any other damages or losses, including consequential, lost profits, special, indirect, incidental, or punitive, or for loss or corruption of Data.
These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or if we knew or should have known about the possibility of the damages. However, they do not apply (a) to the extent they are caused by our deliberate intent or recklessness, (b) to any breach of confidentiality obligations and (c) to violation of the other party’s intellectual property right. To the maximum extent permitted by applicable law, these limitations and exclusions apply to anything or any claims related to the TOU or the App . Any claim for damages against us must be brought within 3 months after the damages occurred. This Section 7 shall also apply for the benefit of all natural persons, affiliates, resellers, distributors and vendors we engage in relation to the TOU.
8. Third Party Intellectual Property Claims
In the event of any third party claim against you that the App or your use of the App infringes that third party’s intellectual property rights, you will promptly inform us. We will decide in our sole discretion how such claim will be handled. You will indemnify us against any third party claim related to your Data or performance of the TOU.
9. Applicable Law and Venue
The TOU is governed by the laws of The Netherlands, regardless of conflict of laws principles. The competent courts of The Netherlands are the exclusive venue for all disputes about the TOU.
10. Force Majeure
Neither party will be liable for any failure in performance under the TOU due to causes beyond that party's reasonable control.
11. Export Laws
You must comply with all domestic and international export laws and regulations that apply to the App, which include restrictions on destinations, end users, and end use.
12. Changes to the TOU
We may update, revise, supplement and otherwise modify the TOU from time to time. Any such changes to the TOU will be effective immediately for new users and 30 days after notification (including by posting a notice on the Websites) for current users. Registered users are encouraged to review the TOU periodically for changes. If you do not accept a change, you may no longer use the App. Your continued use of the App following the 30 days’ notice period constitutes your acceptance of those changes.
We may assign the TOU, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under the TOU or transfer any rights to use the App. The TOU is the entire agreement between you and us for your use of the App. It supersedes any prior agreements between you and us regarding your use of the App. All parts of the TOU apply to the maximum extent permitted by applicable law. If a court holds that we cannot enforce a part of the TOU as written, we may replace those terms with similar terms to the extent enforceable under applicable law, but the rest of the TOU will apply unchanged. This TOU is solely for your and our benefit; it is not for the benefit of any other person, except for our successors and assignees .
14. Contact Information
You can contact us at firstname.lastname@example.org .