End User Terms

1.1. We are providing the Service to you on behalf of our Customer.

Veriff OÜ and its affiliates (hereinafter “Veriff”, “we” or “us”) is an identity verification and fraud prevention service provider. All Veriff’s products, services and platforms necessary for this purpose are referred to as the “Service” in this document. We provide our Services to business customers, each a “Customer,” who are entities that you engage with, for example access their services, and who direct you (“End User”) to use our Service for the purpose of identifying yourself to such Customer. These End-User Terms of Use (the “End-User Terms”) govern your access and use of the Service.

1.2. By continuing with the process, you accept these End-User Terms.

By using the Service, submitting information or data to Veriff or Customer, or otherwise accessing the Service, you hereby confirm that you have read, you understand, you accept, and agree to these End-User Terms. Please note that the End-User Terms may be updated from time to time.

BY AGREEING TO THESE END-USER TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 6.8, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 6.8, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND VERIFF WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

1.3. If you don’t accept, step no further. In case of questions, turn to the Customer.
If you do not agree to the End-User Terms, you should not submit any data to us, access the Service, or otherwise use the Service. If you have any questions or concerns about the Service, please contact the Customer, i.e., the entity who directed you to Veriff.

2.1. Your personal data is needed to provide the Services and the Customer should explain the details.

Customer Terms of Service. Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Customer Contract”) that permitted Customer to configure the Services so that End Users could have their identities verified through the Services. The Customer Contract contains our commitment to deliver the Services to Customer, who may then invite End Users to have their identities verified. When an End User submits data or information to the Services, such as government-issued documents, photos or videos (“Customer Data”), Veriff processes Customer Data in accordance with the Customer Contract and as disclosed in the Privacy Notice. Please only submit to the Service the documents requested by the Customer and do not submit additional documents. In particular, but not limited to, do not submit to the Service any documents which may be restricted by law or otherwise (i) not suitable for the purpose of the Service and/or (ii) involve legal limitations or violate the law (e.g., such as prohibition to photocopy the document or parts thereof). The Customer Contract provides the Customer with many choices and control over that Customer Data. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, or transfer or assign access to the Service, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data. In order to use the Service, you have to provide certain information, including personal data, to Veriff. Veriff cannot provide Service to Customers until you have provided all required information. For the best use of the Service, please, make sure that you always provide accurate, current and complete information. Except as otherwise provided in the Privacy Notice, the Customer is the business controlling your personal data and Veriff is merely a service provider processing the data on Customer’s behalf. You should read both the Customer’s privacy notice and our Privacy Notice to get more information about your data processing for the Service.

2.2. Veriff makes no representation or warranties of any kind and the Service is provided to you on an “as is,” basis and with all faults, to the maximum extent permitted by law. VERIFF EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. VERIFF DOES NOT GUARANTEE YOUR SATISFACTION WITH THE SERVICE.

As between Veriff and Customer, Customer will at all times remain your main point of contact and be responsible for the lawfulness of your data processing for the Service.

AS BETWEEN US AND THE CUSTOMER, YOU AGREE THAT IT IS SOLELY THE CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY OTHER END USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS OR CONFIGURATIONS THAT MAY IMPACT THE PROCESSING OF YOUR DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY OTHER END USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF THE DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF YOUR DATA IS LAWFUL; (D) ENSURE THAT ANY ACTIONS OR DECISIONS THE CUSTOMER TAKES BASED ON THE SERVICES, REGARDLESS OF ANY RESULTS, REPORTS OR RECOMMENDATIONS GENERATED BY VERIFF, ARE LAWFUL, AND (E) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY OTHER END USER RELATING TO OR BASED ON THE DATA, THE SERVICE OR THE CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. VERIFF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS.

2.3. Please contact Customer if you at any time or for any reason wish for actions to be taken related to your data, including due to a disagreement with any updates to these End-User Terms.

3.1. This is how you are allowed to use our Service. Your use of the Service is expected to be proper and fair. You must refrain from prohibited activities and comply with applicable law when using the Service.

We expect you to use the Service in good faith and diligently, in compliance with these End-User Terms and any applicable laws or regulations. You must only submit true, accurate, current and complete information about yourself via the Service. To be clear about the rules, you are never allowed to do the following in connection with the Service (“the Usage Restrictions”):

3.1.1. attempt to impersonate another person or otherwise misrepresent your affiliation with a person or entity;

3.1.2. use or attempt to use another End User’s (account) information;

3.1.3. use the Service in a manner or for a purpose or activity that in any way is, may be or would be related to anything unlawful, illegal, fraudulent, or harmful, or would violate any contract, intellectual property right, or other third-party right or commit a tort;

3.1.4. engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

3.1.5. access, store, distribute or transmit any malware through the Service or use the Service maliciously;

3.1.6. reverse engineer, reverse compile, modify, adapt, alter, enhance, decompile, disassemble, deconstruct, copy, duplicate, reproduce, create derivative works from, frame or mirror the Service or any parts thereof, except to the extent that such use is granted under mandatory law;

3.1.7. hack, work around any technical limitations or restrictions of the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks;

3.1.8. use the Service in a manner that interferes with, corrupts, damages or destroys the Service;

3.1.9. modify the Service, remove, deface, cover or otherwise obscure any proprietary rights notice or identification from the Service (including without limitation any copyright notice), including from any screenshots or other downloads, or otherwise make any derivative works based upon the Service;

3.1.10. conduct any load testing or penetration testing of the Service without prior written consent of Veriff;

3.1.11. use any data mining, robots or similar data gathering or extraction methods or download any content of the Service (logos, texts, screens, etc.), except as expressly permitted on the Service;

3.1.12. use data mining, bots, scripts or similar data gathering, extraction, or otherwise non-human means to extract data from or access the Service;

3.1.13. sublicense, sell, resell, timeshare, or similarly exploit the Service;

3.1.14. copy, reproduce, distribute, publicly perform, or publicly display all or portions of the Service, except as expressly permitted by us or our licensors;

3.1.15. access the Service in order to build a competitive product or service; or

3.1.16. authorize or permit any third party to engage in the aforementioned activities.

3.2. The Service is not intended for children or minors.

To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under statutory legal age of consent, unless adequate rights, consents and authorizations are provided on your behalf. In no circumstance is the Service targeted towards, or intended for use by anyone under the age of 13. If you are under the age of 13, you should not use the Service. For specific Customers, we may provide the Service for End Users between the ages of 13 and 18, or the age of legal majority under applicable law. In such scenarios, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these End-User Terms. The parent or legal guardian of an End User under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such End User in relation to our Service. If you are a parent or guardian and you believe that your child under the age of 18 is using our Service without your consent, please contact us at privacy@veriff.com.

3.3. If you violate the Service Usage Restrictions, Veriff may limit the use of the Service and draw the Customer’s attention to a violation.

Veriff has the right to limit, suspend, or terminate your right to access and use the Service, or any part thereof, in its sole discretion, without prejudice to any other rights and remedies available to Veriff, without any prior notification. If you violate or infringe, or Veriff suspects that you have violated or infringed, any of the abovementioned Usage Restrictions, Veriff may take steps necessary to detect and prevent such activities, including drawing the Customer’s attention to such violation.

3.4. You are granted a limited license to access and use the Service subject to these End-User Terms and solely for the purpose of your personal identification and/or identity verification.

Veriff grants the End User a non-exclusive and non-transferable license to access and use the Service for purposes consistent with these End-User Terms, such as personal identification and/or identity verification. Notwithstanding this limited license expressly granted hereunder, Veriff reserves all rights, title, and interest in and to the Services, including all related intellectual property rights. Except as expressly set out in these End-User Terms, Veriff does not grant to the End User any rights to or licenses in respect of the Service, and no transfer of intellectual property rights shall take place under these End-User Terms.

3.5. For Patent Assertion Entities. 

You agree that if you are a member of a Patent Assertion Entity or are acting on behalf of, or for the benefit of a Patent Assertion Entity, then you will not assert, or authorize, assist, encourage or enable any third party to assert any claim or pursue any actions, suits, proceedings or demands against Veriff or its affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). A ‘Patent Assertion Entity’, sometimes referred to as a ‘non-practicing entity’ or a ‘patent troll’, is (a) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by or is under common control with an entity described in (a). This section will survive any termination or expiration of these End-User Terms.

VERIFF’S LIABILITY UNDER THESE END-USER TERMS IS LIMITED.

If we believe that there is a violation of the Customer Contract, End-User Terms, or any of our other policies that can simply be remedied by Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if the Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, End Users, or any third parties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER END USER NOR VERIFF WILL HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE END-USER TERMS IS ONE HUNDRED US DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF VERIFF OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

5.1. Veriff may change the Service as we please.

Veriff is constantly innovating the Service and finding new ways to improve it with new features and services. No warranties, representations or other commitments are given in relation to the continuity of certain functionalities of the Service.

5.2. Veriff may change these End-User Terms. You should review them each time, even if you have used our Service before.

Kindly note that we may modify these End-User Terms from time to time. The modified End-User Terms will be uploaded to the Service and our website www.veriff.com. You are advised to review these End-User Terms each time before using the Service. Changes to these End-User Terms are effective when they are posted on our website. Your continued use of the Service will confirm your acceptance of the updated End-User Terms.

6.1. Privacy Notice. These End-User Terms are not privacy disclosures. Information about processing your data can be found in the Privacy Notice.

6.2. Suspension. Veriff reserves the right, without notice, any liability and in our sole discretion, to restrict, block or terminate your right to use the Service, or any portion thereof, and to block or prevent your future access to and use of the Service or any portion thereof.

6.3. Severability. If any provision of the End-User Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

6.4. Survival. Any section of these End-User Terms which, by its nature, should survive termination or expiration of the End-User Terms, will survive termination or expiration of the End-User Terms.

6.5. No waiver. Our failure to exercise or enforce any right or provision of these End-User Terms shall not constitute a waiver of such right or provision.

6.6. Transfer of Rights. We may assign any or all of our rights and obligations to others at any time.

6.7. Consumer Rights. The Service is an identity verification tool intended for use by Customers who are businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If, however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these End-User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, but our liability is limited (at our option) to the replacement, repair or resupply of the Services.

6.8. Dispute Resolution; Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND VERIFF TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND VERIFF FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND VERIFF AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. VERIFF AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. 

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

6.8.1. Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that you have against Veriff, that Veriff has against you, or that you have or Veriff has  arising from or relating to these End-User Terms, our Service, or any aspect of the relationship between you and Veriff as relates to these End-User Terms, our Service, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and Veriff agree to attempt to first resolve the Claim informally via the following process:

6.8.1.1. If you assert a Claim against Veriff, you will first contact Veriff by sending a written notice of your Claim (“Claimant Notice”) to Veriff by certified mail addressed to Attn: Legal, Veriff, Nine 11, Tallin, 10414, Harju county, Estonia or by email to legal@veriff.com. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

6.8.1.2. If Veriff asserts a Claim against you, Veriff will first contact you by sending a written notice of Veriff’s Claim (“Veriff Notice”), and each of a Claimant Notice and Veriff Notice, a (“Notice”) to you via email to the primary email address associated with your account. The Veriff Notice must (i) include the name of a Veriff contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

6.8.1.3. If you and Veriff cannot reach an agreement to resolve the Claim within thirty (30) days after you or Veriff receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Veriff first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.

6.8.2. Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or Veriff, including any disputes in which you or Veriff seek injunctive or other equitable relief for the alleged unlawful use of your or Veriff’s intellectual property or other infringement of your or Veriff’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 6.8(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

6.8.3. Federal Arbitration Act. These End-User Terms affect interstate commerce, and the enforceability of this Section 6.8 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these End-User Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

6.8.4. Arbitration Procedure (Consumers and Businesses).  All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA and rules set forth by the AAA.  Such rules differ if you are a consumer or a business as further described below:

6.8.4.1. If you are an individual using the Service for your personal use, you are a “Consumer”, and the then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these End-User Terms as follows, will apply to any arbitration between you and Veriff:

(a) YOU AND Veriff AGREE THAT ANY ARBITRATION UNDER THESE END-USER TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND Veriff ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Veriff or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

(b) For any arbitration you initiate, you will pay the consumer filing fee, and Veriff will pay the remaining AAA fees and costs. For any arbitration initiated by Veriff, Veriff will pay all AAA fees and costs.

(c) For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.

(d) If you or Veriff submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Veriff agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Veriff agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

(e) The arbitrator’s decision will follow these End-User Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these End-User Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these End-User Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

(f) The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Veriff or against you by the same or coordinated counsel or are otherwise coordinated.

(i) In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Veriff understand and agree that when twenty-five (25) or more similar claims are asserted against Veriff or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Veriff’s Claim might be delayed.

(ii) For such coordinated actions, you and Veriff also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Veriff shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process.

(iii) A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

(iv) This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.

(v) The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Veriff’s case is selected for a bellwether process, withdrawn, or otherwise resolved.

(vi) A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Veriff or you.

6.8.5. One Year to Assert Claims.  To the extent permitted by law, any Claim by you or Veriff relating in any way to these End-User Terms, our Service, or any aspect of the relationship between you and Veriff as relates to these End-User Terms or our Service, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Veriff will not have the right to assert the Claim.

6.8.6. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these End-User Terms by providing us with notice of your decision to opt-out via email at legal@veriff.com or by certified mail addressed to Attn: Legal, Veriff,  Nine 11, Tallin, 10414, Harju county, Estonia. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 6.8.

6.8.7. Severability. If any portion of this Section 6.8 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these End-User Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 6.8 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 6.8; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 6.8 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 6.8 will be enforceable.

6.8.8. Notwithstanding anything to the contrary in the End-User Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the End-User Terms either by following the arbitration procedure detailed above in this Section 6.8 of the End-User Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

6.9. Governing Law. Jurisdiction to the extent section 6.8 is inapplicable,

6.9.1. End Users from UK/EEA: To the extent allowed by applicable law, you hereby submit to be governed by and construed in accordance with English law, and each party hereby submits to the exclusive jurisdiction of the courts of England. To the extent any consumer laws apply, the European Commission also provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.

6.9.2. End Users from US/ROW: The validity, interpretation, construction and performance of these End-User Terms, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto will be governed, construed and interpreted in accordance with the internal substantive laws of the state of New York, without giving effect to principles of conflicts of law.  The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is expressly excluded. Other than petitions for injunctive or other equitable relief, which may be brought in any court of competent jurisdiction, each of the parties hereto consents to the exclusive jurisdiction and venue of the state and federal courts located within New York, New York.

6.10. Notifications. Except as otherwise set forth herein, all notices under the End-User Terms will be by email, although we may instead choose to provide notice to End Users through the Service (e.g., a Veriff notification). Notices to Veriff should be sent to support@veriff.com, except for legal notices, which must be sent to legal@veriff.com. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Service. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement.

Valid from: 28.02.2025

Last update: 28.02.2025