Onfido Terms of Service

Legal Rights & Agreement Rules · Context

The document is Onfido's Terms of Service, last updated 26 October 2023

The page is labeled "Terms and Conditions" and titled "Onfido (now part of Entrust) Terms of Service". It states that it was last updated on 26 October 2023. The title identifies Onfido as now part of Entrust.

Supporting quotations

Terms and Conditions

Onfido (now part of Entrust) Terms of Service

Last updated: 26 October 2023

Qualifications & exceptions

• The title identifies the publisher as Onfido, now part of Entrust; it does not describe the corporate relationship further.

Not stated here

• The document does not say whether this version replaces an earlier version or whether other versions are available.

Legal Rights & Agreement Rules · Restriction or exception

Using linked Onfido services binds you to the Terms and referenced policies

By accessing or using Onfido websites, mobile apps, SDKs or other products or services that have linked to these Terms, the user agrees to be bound by the Terms and all terms incorporated by reference. Section 1 adds that using the Services acknowledges that the user has read, understood and agreed to be bound by all the terms and the policies they reference, naming the Facial Scan and Voice Recording Policy and the Privacy Policy. The preamble instructs users who do not agree to all of the Terms not to use the websites, mobile applications or other products or services.

Supporting quotations

BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS, SOFTWARE DEVELOPMENT KITS OR OTHER PRODUCTS OR SERVICES THAT HAVE LINKED TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.

By using the Services you acknowledge that you have read, understood, and agreed to be bound to all the terms here, as well as the policies referenced in these Terms of Service, including our

Qualifications & exceptions

• Covers products and services that have linked to these Terms, not all Onfido offerings.
• The Facial Scan and Voice Recording Policy and the Privacy Policy are linked but were not supplied with this saved source; their contents are not analyzed here.

Not stated here

• The Terms do not enumerate every incorporated document beyond the two named policies.

Legal Rights & Agreement Rules · Context

Preamble flags a binding class action waiver

The preamble states that the Terms of Service include a binding class action waiver, set forth below, which affects the user's rights about resolving any dispute with Onfido. The notice does not state the waiver's terms; the operative wording appears in Section 13.

Supporting quotations

NOTICE OF CLASS ACTION WAIVER: THE TERMS OF SERVICE INCLUDES A BINDING CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH ONFIDO.

Qualifications & exceptions

• The notice points to waiver wording set forth below; the notice alone does not describe its scope.

Not stated here

• The notice does not state any exceptions to the waiver.

Legal Rights & Agreement Rules · Context

The Terms cover Onfido identity verification and authentication services that link to them

The Terms apply to access to and use of Onfido's identity verification and authentication services, websites, mobile applications, SDKs and other products and services that have linked to the Terms, which the document calls the Services. The Terms also state that they do not alter the terms or conditions of any other agreement the user may have with Onfido for products, services or otherwise.

Supporting quotations

These Terms of Service ("Terms") apply to your access to, and use of, our identity verification and authentication services, websites, mobile applications, software development kits and other products and services that have linked to these Terms (collectively, the "Services") offered by Onfido

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Onfido for products, services or otherwise.

Qualifications & exceptions

• The scope is limited to products and services that have linked to these Terms.
• Other agreements with Onfido are not altered.

Not stated here

• The document does not list the products or services that link to it.

Legal Rights & Agreement Rules · Restriction or exception

Accepting for an entity makes the entity responsible for violations

If the user uses the Services on behalf of an entity, the user represents and warrants that they are authorized to accept the Terms on the entity's behalf and that the entity agrees to be responsible to Onfido if the user violates the Terms.

Supporting quotations

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you violate these Terms.

Qualifications & exceptions

• Applies only when the Services are used on behalf of an entity.

Not stated here

• The document does not state how the user's authority must be documented.

Legal Rights & Agreement Rules · Permission or license

Onfido may change the Terms, and continued use confirms acceptance

Onfido reserves the right to change or modify the Terms at any time in its sole discretion. The preamble says notice of changes may be given through the Services or by updating the "Last Updated" date, and that continued use of the Services confirms acceptance of the revised Terms; users who do not agree to amended Terms must stop using the Services. Section 14 states that changes are effective upon being posted, that material changes are notified by updating the version of the terms on Onfido's home page, and that continued use after changes are posted constitutes consent unless Onfido notes otherwise.

Supporting quotations

Onfido reserves the right to change or modify these Terms at any time and in our sole discretion.

we will provide notice of such changes, such as by providing notice through the Services, or by updating the "Last Updated" date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms.

Onfido reserves the right to change these Terms or its policies relating to the Services at any time and from time to time, and such changes will be effective upon being posted herein. If we make material changes to these Terms, we will notify you by means of updating the version of the terms on our home page.

UNLESS OTHERWISE NOTED BY US, YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES ARE POSTED SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

Qualifications & exceptions

• The preamble describes notice methods as examples ("such as"); Section 14 describes updating the version of the terms on the home page for material changes.
• Continued use after posting is treated as consent unless Onfido notes otherwise (Section 14).
• Users who do not agree must stop using the Services.

Not stated here

• No minimum advance-notice period is stated.
• The preamble and Section 14 describe the notice method differently; both descriptions are quoted.

Legal Rights & Agreement Rules · Context

A written agreement to purchase Services prevails over these Terms

If these Terms conflict with another written agreement between the user and Onfido for the purchase of Services, the other agreement prevails.

Supporting quotations

In the event of conflict between this Agreement and any other written agreement between you and Onfido for the purchase of Services, the latter shall prevail.

Qualifications & exceptions

• The other agreement must be written and concern the purchase of Services.

Not stated here

• The document does not identify any such agreement.

Legal Rights & Agreement Rules · Context

Delaware law and U.S. federal law govern, except as stated otherwise

Except as otherwise provided in the Terms, the interpretation of the Terms and any dispute concerning them are governed by Delaware law and controlling U.S. federal law.

Supporting quotations

Except as otherwise provided in these Terms, the interpretation of and any dispute concerning these Terms will be governed by Delaware law and controlling U.S. Federal law.

Qualifications & exceptions

• The clause is expressly subject to other provisions of the Terms.

Not stated here

• The Terms do not identify any provision that displaces this governing law.

Account & Service Control · Restriction or exception

You must submit accurate information and match the identity you claim

By using the Services, the user expressly agrees that the identity established by the information and documents submitted matches the identity the user claims while using the Onfido Service, and that all information provided is complete and correct.

Supporting quotations

Your Obligations. By using the Services, you expressly agree that:

your identity, as established by the information and documents that you submit, matches the identity you claim while using the Onfido Service

all information provided by you is complete and correct;

Qualifications & exceptions

• Applies to the information and documents the user submits for verification.

Not stated here

• The Terms do not describe which documents are required or what happens if the identity does not match.

Data Access & Collection · Permission or license

You authorize your wireless operator to share subscriber data for verification

When verification is required, the user authorizes their wireless operator to disclose to Onfido and its third-party service providers the user's mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify the user's identity and to prevent and detect fraud.

Supporting quotations

When verification is required, you authorize your wireless operator to disclose to Onfido and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent and detect fraud.

Qualifications & exceptions

• Applies when verification is required.
• Limited to data that is available.
• The stated purpose is solely identity verification and fraud prevention and detection.
• Recipients are Onfido and its third-party service providers.

Not stated here

• The Terms do not state how long the disclosed data is retained or name the third-party providers.

Security & Safeguards · Restriction or exception

Unauthorized, fraudulent, commercial or competitive use is prohibited

Any unauthorized use of the Services, including without limitation for a fraudulent, commercial or competitive purpose, is strictly prohibited. The Terms say such use may result in suspension or termination of the user's agreement with Onfido and/or legal action, and then list specific conduct the user must not engage in.

Supporting quotations

Any unauthorized use of the Services, including without limitation for any fraudulent, commercial or competitive purpose, is strictly prohibited and may result in suspension or termination of your agreement with us and/or legal action.

In addition, you must NOT:

Qualifications & exceptions

• The examples of prohibited purposes are non-exhaustive ("including without limitation").
• The stated consequences are suspension or termination and/or legal action.

Not stated here

• The Terms do not state any notice or process for suspension or termination under this section.

Security & Safeguards · Restriction or exception

No false identity, content tampering, scraping, origin disguise or circumvention

The Terms list conduct the user must not engage in: falsely claiming an identity other than the user's own, or one the user is establishing for another person with that person's specific authority; falsely claiming association with another person or entity; modifying, framing, rendering or re-rendering, mirroring, truncating, injecting, filtering or changing content or information in the Services without Onfido's written consent; using deep-links, page-scraping, robots, crawlers, indices, spiders, click spam, macros or other automatic means to access, copy, acquire information, generate impressions or clicks, input or store information, search, or monitor the Website or any portion of it; disguising the origin of information transmitted to, from or through the application, SDK or website or provided for the purpose of the Services; and circumventing measures Onfido implements to prevent violations of the Terms.

Supporting quotations

falsely claim an identity other than your own or one you are establishing on behalf of another person with their specific authority;

falsely claim that you are associated with another person or entity;

modify, frame, render (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Services, including, without Onfido’s written consent;

use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to service, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;

disguise the origin of information transmitted to, from, or through the application, SDK or website or provided for the purpose of the Services;

circumvent any measures implemented by Onfido aimed at preventing violations of the Terms of Service.

Qualifications & exceptions

• The content-modification prohibition is qualified by "without Onfido's written consent".
• The automation prohibition lists many methods and purposes, including generating impressions or clicks.

Not stated here

• The Terms do not define "unauthorized" use or state how written consent is obtained.

Legal Rights & Agreement Rules · Restriction or exception

Onfido says these acts may violate the Computer Fraud and Abuse Act

Onfido states that the listed actions, in addition to violating the Terms, constitute intentional, unauthorized access to Onfido's protected computer, may violate state and federal law including the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may subject the user and affiliated parties to civil liability and criminal prosecution. This is the publisher's characterization of the conduct; the document does not analyze the statute's elements.

Supporting quotations

In addition to violating the Terms of Service, any of the foregoing actions on your part, or on behalf of any entity you are representing, constitutes intentional, unauthorized access of Onfido’s protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.

Qualifications & exceptions

• The clause describes the conduct as constituting unauthorized access and as possibly violating state and federal law.
• The named statute is an external legal citation; the document does not establish that any particular conduct violates it.

Not stated here

• Whether conduct meets the statutory elements is not resolved by the document.

Legal Rights & Agreement Rules · Restriction or exception

You must comply with applicable laws, treaties and regulations

The user will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with use of the Services, including those related to data privacy, international communications, and the export of technical or personal data from locations other than where Onfido controls and operates the Services.

Supporting quotations

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Services, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Onfido controls and operates the Services.

Qualifications & exceptions

• The list of covered law areas is non-exhaustive ("including without limitation").
• The export clause refers to data exported from locations other than the location from which Onfido controls and operates the Services.

Not stated here

• The Terms do not identify the specific laws or jurisdictions that apply.

Legal Rights & Agreement Rules · Restriction or exception

You must not violate privacy or publicity rights or defame anyone

The user expressly agrees not to violate any rights of publicity or privacy of any person and not to defame any person or entity.

Supporting quotations

Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

Qualifications & exceptions

• Covers rights of publicity and privacy of any person, and defamation of any person or entity.

Not stated here

• The Terms do not define publicity or privacy rights or describe remedies for a violation.

Sharing & Disclosure · Permission or license

You accept Onfido's right to disclose your information to third parties

The user acknowledges and accepts Onfido's right to disclose to third parties information the user provided, or information Onfido obtained about the user, as further set forth in the Facial Scan and Voice Recording Policy and the Privacy Policy.

Supporting quotations

You acknowledge and accept Onfido’s right to disclose to third parties information you have provided, or information that Onfido has obtained about you, as further set forth in our

Qualifications & exceptions

• The disclosure right is described as further set forth in the two referenced policies, which were not supplied with this source.

Not stated here

• The Facial Scan and Voice Recording Policy and Privacy Policy are linked but not supplied in this source; their text and the scope of the disclosure right are unknown here.

Use & Processing · Company practice

Notice method depends on whether a change affects personal information handling

For general changes that do not affect the collection or handling of the user's personal information in a more restrictive way, Onfido may give notice by a general notice on the Website. For a material change to the Service that affects the prior or ongoing collection, use, dissemination or maintenance of a user's personal information, Onfido will notify the user by means that reflect the method by which it originally engaged with the user. Section 14 separately addresses material changes to the Terms, which are notified by updating the version of the terms on the home page.

Supporting quotations

For general changes which do not affect the collection or handling of your personal information in a more restrictive way, Onfido may give notice by means of a general notice on the Website.

Onfido may make material change to the Service that affects the prior or ongoing collection, use, dissemination or maintenance of a user’s personal information, and will notify you of these changes by means which reflect the method by which we originally engaged with you.

If we make material changes to these Terms, we will notify you by means of updating the version of the terms on our home page.

Qualifications & exceptions

• The general-notice route is limited to changes that do not affect personal information handling in a more restrictive way.
• The material-change notice route applies to changes to the Service affecting personal information; Section 14's home-page notice applies to changes to the Terms.
• No timeframe for notice is stated.

Not stated here

• The document does not define "more restrictive" or "material" or state how the original engagement method is determined.

Cross-references

• qualifies (model-proposed): Onfido may change the Terms and policies; posted changes bind continued users — Section 10's notice rules apply to changes to the Service affecting personal information, while Section 14's posted-change rule applies to changes to the Terms and policies; the distinction limits how the changes clause is read.

Legal Rights & Agreement Rules · Procedure

You may notify Onfido by email, and notices are deemed given after 36 hours

The user may give notice to Onfido at any time by communication sent to notices@onfido.com. All notices are deemed to have been given 36 hours after sending by email or posting to the Website.

Supporting quotations

You may give notice to Onfido at any time by communication sent to notices@onfido.com. All notices shall be deemed to have been given 36 hours after sending by email or posting to the Website.

Qualifications & exceptions

• The 36-hour deemed-receipt rule covers notices sent by email or posted to the Website.

Not stated here

• The Terms do not state when a notice sent by other means is deemed received.

Use & Processing · Company commitment

The Facial Scan and Privacy Policies govern facial scan data

Notwithstanding the notice rules, the Facial Scan and Voice Recording Policy and the Privacy Policy govern how Onfido treats facial scan data.

Supporting quotations

Notwithstanding the foregoing, the Facial Scan and Voice Recording Policy and Privacy Policy govern how Onfido treats facial scan data.

Qualifications & exceptions

• The two policies were not supplied with this saved source.

Not stated here

• The Facial Scan and Voice Recording Policy and Privacy Policy are linked but not supplied in this source; their rules for facial scan data are unknown here.

Account & Service Control · Restriction or exception

You are responsible for account credentials, device access and account activity

If the user registers with Onfido or creates an account, the user is solely responsible and liable for the security and confidentiality of access credentials, for restricting access to the device, and for all activity under the account, and is solely responsible for the registration information and for updating and maintaining it. The user must immediately notify Onfido at notices@onfido.com of any unauthorized use of the account, password or username, or any other breach of security, but remains responsible for any unauthorized use after notifying.

Supporting quotations

If you register with Onfido or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account.

You are solely responsible for your registration information and for updating and maintaining it.

You will immediately notify Onfido at notices@onfido.com of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter.

Qualifications & exceptions

• Applies if the user registers with Onfido or creates an account.
• Notifying Onfido does not end responsibility for unauthorized use after the notice.

Not stated here

• The Terms do not state what security measures are required beyond keeping credentials confidential and restricting access to the device.

Account & Service Control · Company practice

Usernames and passwords must be personal, unique and not offensive

Usernames and passwords must be personal and unique, must not violate the rights of any person or entity, and must not be offensive. Onfido may reject the use of any password, username or email address for any reason in its sole discretion.

Supporting quotations

Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and is not offensive.

Onfido may reject the use of any password, username, or email address for any reason in our sole discretion.

Qualifications & exceptions

• The rejection right is stated as "for any reason" in Onfido's sole discretion.

Not stated here

• The Terms do not state a process or a reason requirement for rejecting a credential.

Account & Service Control · Restriction or exception

You may not sell, transfer or assign your account

The user may not sell, transfer or assign the account or any account rights.

Supporting quotations

You will not sell, transfer, or assign your account or any account rights.

Qualifications & exceptions

• Covers the account and any account rights.

Account & Service Control · Company practice

Only an authorized representative may set up an account; Onfido does not verify authenticity

Accounts may only be set up by an authorized representative of the individual who is the subject of the account. Onfido says it does not review accounts for authenticity and is not responsible for unauthorized accounts that may appear on the Services. For a dispute about account creation or authenticity, Onfido has the sole right, but is not obligated, to resolve the dispute as it determines appropriate, without notice.

Supporting quotations

Accounts may only be set up by an authorized representative of the individual that is the subject of the account.

Onfido does not review accounts for authenticity, and is not responsible for any unauthorized accounts that may appear on the Services.

For any dispute as to account creation or authenticity, Onfido shall have the sole right, but is not obligated, to resolve such dispute as Onfido determines appropriate, without notice.

Qualifications & exceptions

• Onfido states it does not review accounts for authenticity.
• The dispute right is sole but not obligatory and may be exercised without notice.

Not stated here

• The Terms do not define "authorized representative" or describe how authorization is verified.

Legal Rights & Agreement Rules · Company commitment

DMCA notices go to Onfido by email

Onfido states that it complies with the Digital Millennium Copyright Act ("DMCA") and directs notices given under the DMCA to notices@onfido.com. The document does not describe what such a notice must contain.

Supporting quotations

Onfido complies with the Digital Millennium Copyright Act (“DMCA”).

notices@onfido.com

Qualifications & exceptions

• The DMCA is named as an external law; the document does not reproduce its requirements.

Not stated here

• The content requirements for a DMCA notice are not stated in this document.

Legal Rights & Agreement Rules · Restriction or exception

Disputes with Onfido are conducted individually, with "Dispute" read broadly

To the extent permissible by law, all past, present and future legal disputes and claims between the user and Onfido, including claims arising out of or relating to the Terms, the Facial Scan and Voice Recording Policy, the Privacy Policy or the Services, the user's relationship with Onfido, use of any Onfido product or service, Onfido's conduct, and applicable federal, state or local law, will be conducted solely on an individual basis. The clause defines "Dispute" to include claims for which a court could grant relief and says the term has the broadest meaning possible.

Supporting quotations

To the extent permissible by law, all past, present, and future legal disputes and legal claims between you and Onfido that are now in existence or that may arise in the future

including, but not limited to legal disputes or legal claims arising out of or relating in any way to these Terms

or the Services; your relationship with Onfido; your use of any Onfido product or service; Onfido’s conduct; and any federal, state, or local statute, law, rule, regulation or ordinance applicable to the relationship between you and Onfido as to which a court would be authorized by law to grant relief if the claim were successful (“Dispute” or “Disputes”) will be conducted solely on an individual basis.

You agree that the term “Dispute” will have the broadest meaning possible.

Qualifications & exceptions

• Subject to "To the extent permissible by law".
• The definition covers claims relating to the Terms, the two referenced policies, the Services, the relationship, use of any Onfido product or service, Onfido's conduct, and applicable statutes, laws, rules, regulations and ordinances.
• The term "Dispute" is to have the broadest meaning possible.

Not stated here

• The Facial Scan and Voice Recording Policy and Privacy Policy are linked but not supplied in this source; their text is unknown here.

Cross-references

• narrowed by (model-proposed): You waive class, representative and consolidated proceedings — The class, representative and consolidation waiver specifies the proceedings excluded by the general rule that Disputes are conducted solely on an individual basis.

Legal Rights & Agreement Rules · Restriction or exception

You waive class, representative and consolidated proceedings

The user will not seek to have any Dispute heard as a class action or in any other proceeding in which the user acts or proposes to act in a representative capacity, and agrees not to participate in private attorney general or representative claims, or consolidated claims involving another person's account, if Onfido is a party. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. The clause states that the user gives up the right to participate as a class representative or class member on any class claim against Onfido, including any right to class arbitration or consolidation of individual arbitrations.

Supporting quotations

You will not seek to have any Dispute heard as a class action or in any other proceeding in which you act or propose to act in a representative capacity.

No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.

You agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding.

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

Qualifications & exceptions

• The waiver is stated in capitalized text: the user gives up the right to participate as a class representative or class member.
• Consolidation requires the prior written consent of all parties to all affected proceedings.
• The bar on private attorney general and representative claims applies if Onfido is a party to the proceeding.

Not stated here

• The clause does not state any exception to the class, representative or consolidation waiver.

Cross-references

• narrows (model-proposed): Disputes with Onfido are conducted individually, with "Dispute" read broadly — The class, representative and consolidation waiver specifies the proceedings excluded by the general rule that Disputes are conducted solely on an individual basis.

Legal Rights & Agreement Rules · Procedure

You must send a detailed Notice of Dispute and wait 45 days before suing

Before initiating legal action, the user agrees to try to resolve a Dispute informally and in good faith by contacting Onfido and sending a written Notice of Dispute to notices@onfido.com. The notice must give fair notice of the user's identity, describe the nature and basis of the dispute, state the relief sought including the specific amount of any monetary relief, and cannot be combined with a Notice of Dispute for other individuals. If the dispute is not resolved within 45 days of receipt, any resulting legal actions must be resolved through a court of competent jurisdiction, and neither party may initiate legal action until 45 days after the Notice of Dispute is received.

Supporting quotations

You agree to first try to resolve a Dispute informally and in good faith by contacting us and providing a written notice of Dispute to

The Notice of Dispute must provide us with fair notice of your identity, a description of the nature and basis of your Dispute, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined with a Notice of Dispute for other individuals.

If any Dispute is not resolved within 45 days of receipt, any resulting legal actions must be resolved through a court of competent jurisdiction.

Neither party shall initiate legal action until 45 days after the Notice of Dispute is received.

Qualifications & exceptions

• The required notice must include identity, nature and basis, the relief sought and the specific amount of any monetary relief.
• A notice cannot be combined with a Notice of Dispute for other individuals.
• The clause provides for a court of competent jurisdiction after 45 days; it does not require arbitration.

Not stated here

• The Terms do not state what happens if the notice is incomplete or which court has jurisdiction.

Legal Rights & Agreement Rules · Permission or license

Onfido may change the Terms and policies; posted changes bind continued users

Onfido may change the Terms or its policies at any time, and changes are effective when posted. Material changes to the Terms are notified by updating the version of the terms on the home page, and certain provisions may be superseded by expressly designated legal notices or terms on particular pages of the Website. Continued use after changes are posted constitutes consent unless Onfido notes otherwise. Section 10 separately provides that general changes not affecting personal information handling more restrictively may be noticed by a general notice on the Website, and that material changes to the Service affecting personal information are notified by the method of original engagement.

Supporting quotations

Onfido reserves the right to change these Terms or its policies relating to the Services at any time and from time to time, and such changes will be effective upon being posted herein.

If we make material changes to these Terms, we will notify you by means of updating the version of the terms on our home page.

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time.

UNLESS OTHERWISE NOTED BY US, YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES ARE POSTED SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

For general changes which do not affect the collection or handling of your personal information in a more restrictive way, Onfido may give notice by means of a general notice on the Website.

Onfido may make material change to the Service that affects the prior or ongoing collection, use, dissemination or maintenance of a user’s personal information, and will notify you of these changes by means which reflect the method by which we originally engaged with you.

Qualifications & exceptions

• Changes are effective upon posting, and continued use after posting is treated as consent unless Onfido notes otherwise.
• Section 10's notice rules concern changes to the Service affecting personal information; this section concerns changes to the Terms and policies.
• Certain provisions may be superseded by expressly designated legal notices on particular pages.

Not stated here

• No minimum advance-notice period is stated.
• The document does not define "material changes".

Cross-references

• qualified by (model-proposed): Notice method depends on whether a change affects personal information handling — Section 10's notice rules apply to changes to the Service affecting personal information, while Section 14's posted-change rule applies to changes to the Terms and policies; the distinction limits how the changes clause is read.

Legal Rights & Agreement Rules · Context

An invalid provision is construed to reflect the parties' intentions

If a court of competent jurisdiction holds any provision of the Terms invalid or unenforceable, that provision will be construed to reflect the intentions of the invalid or unenforceable provision, and all other provisions remain in full force and effect.

Supporting quotations

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.

Qualifications & exceptions

• Applies when a court of competent jurisdiction holds a provision invalid or unenforceable.

Not stated here

• The clause does not state how the provision is construed if the parties' intentions cannot be determined.

Legal Rights & Agreement Rules · Context

The Terms create no joint venture, partnership, employment or agency

No joint venture, partnership, employment or agency relationship exists between Onfido and the user as a result of the Terms or use of the Services.

Supporting quotations

No joint venture, partnership, employment, or agency relationship exists between Onfido and you as a result of these Terms or use of the Services.

Qualifications & exceptions

• Arises from the Terms or use of the Services.

Legal Rights & Agreement Rules · Restriction or exception

You may not assign the Terms without Onfido's written approval

The user may not assign the Terms without Onfido's prior written approval, and any purported assignment in violation of this section is void.

Supporting quotations

You may not assign these Terms without the prior written approval of Onfido. Any purported assignment in violation of this section shall be void.

Qualifications & exceptions

• Requires prior written approval from Onfido.
• A purported assignment in violation is void.

Not stated here

• The clause does not address whether Onfido may assign the Terms.

Legal Rights & Agreement Rules · Permission or license

Onfido may use third-party providers for the Services

Onfido reserves the right to use third-party providers in providing the Services and the goods, services and materials associated with them.

Supporting quotations

Onfido reserves the right to use third party providers in the provision of the Services, and the goods, services and materials associated therewith.

Qualifications & exceptions

• Covers the Services and associated goods, services and materials.

Not stated here

• The Terms do not identify the providers or state what obligations they have.

Legal Rights & Agreement Rules · Context

Not enforcing a right is not a waiver unless agreed in writing

The failure of either party to enforce any right or provision in the Terms does not constitute a waiver of that right or provision unless the party acknowledges and agrees to the waiver in writing.

Supporting quotations

The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.

Qualifications & exceptions

• A waiver requires the party's written acknowledgment and agreement.

Legal Rights & Agreement Rules · Restriction or exception

The prevailing party in litigation recovers reasonable fees and costs

In litigation of a controversy or dispute arising out of or in connection with the Terms, their interpretation, performance or the like, the prevailing party is awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of the controversy or dispute.

Supporting quotations

In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute.

Qualifications & exceptions

• Applies in litigation of a controversy or dispute arising out of or in connection with the Terms, their interpretation or performance.
• The fees and costs awarded must be reasonable.

Not stated here

• The clause does not define "prevailing party".

Legal Rights & Agreement Rules · Context

Onfido reserves all rights not expressly granted

Any and all rights not expressly granted in the Terms are reserved by Onfido.

Supporting quotations

Any and all rights not expressly granted herein are reserved by Onfido.

Qualifications & exceptions

• Reserves rights not expressly granted in the Terms.

Content & IP Rights · Restriction or exception

Onfido's service elements and marks may not be copied without permission

Elements of the Services are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image may be copied or retransmitted unless expressly permitted by Onfido. The Onfido trademarks and other Onfido identifiers referenced in the document are trademarks of Onfido and/or its affiliates.

Supporting quotations

Elements of the Services are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part.

No logo, graphic, sound or image may be copied or retransmitted unless expressly permitted by Onfido.

The Onfido trademarks and/or other Onfido identifiers referenced herein are trademarks of Onfido and/or its affiliates.

Qualifications & exceptions

• Copying or retransmission of a logo, graphic, sound or image requires Onfido's express permission.
• The protection covers elements of the Services and the Onfido trademarks and identifiers.

Not stated here

• The Terms do not describe how permission is obtained.

Account & Service Control · Procedure

Questions about the Terms go to notices@onfido.com

The document directs users with questions about the Terms to contact Onfido at notices@onfido.com.

Supporting quotations

If you have any questions about these Terms, please contact us using

notices@onfido.com

Legal Rights & Agreement Rules · Restriction or exception

Onfido excludes indirect, consequential and property or data losses

As permitted by applicable law, Onfido is not liable for indirect, punitive, special, exemplary, incidental or consequential damages, or for damage to the user's computer, telecommunications equipment or other property, or for loss of data, content, images, revenue, profits, service or other economic advantage, arising out of or connected with the Terms, including access to or use of, or inability to use, the Services. The exclusion applies regardless of cause, whether in contract, negligence or other tort, even if the party was previously advised of the possibility of such damages.

Supporting quotations

As permitted by applicable law, in no event shall Onfido be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, content, images, revenue, profits, service or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the Services, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from whom damages are being sought has been previously advised of the possibility of such damages.

identity verification and authentication services, websites, mobile applications, software development kits and other products and services that have linked to these Terms

Qualifications & exceptions

• Subject to "As permitted by applicable law".
• Covers damages arising out of or in any way connected with the Terms, including access, use or inability to use the Services.
• Applies regardless of cause and even if the party was previously advised of the possibility of the damages.
• The Terms define the Services as Onfido's identity verification and authentication services, websites, mobile applications, SDKs and other products and services that have linked to the Terms.

Not stated here

• The clause does not define "other economic advantage" or quantify any category of loss.

Legal Rights & Agreement Rules · Restriction or exception

Customer breach, indemnity and death or injury claims are outside the liability limits

The limitation of liability does not apply in the event of the customer's breach or to matters related to the customer's indemnity obligations, and it does not apply to any claim for death or personal injury. The paragraph also says it does not affect the rights listed in the section titled "Indemnities".

Supporting quotations

The limitation of liability set forth in this section shall not apply in the event of customer’s breach or related to customer’s indemnity obligations. The limitation of liability set forth in this section shall not apply in relation to any claim in respect of any death or personal injury. This paragraph shall not affect the rights listed below in the section titled “Indemnities”.

Qualifications & exceptions

• The exceptions refer to "the limitation of liability set forth in this section".
• The death or personal injury exception covers any claim in respect of death or personal injury.
• The clause preserves the rights listed in the Indemnities section.

Not stated here

• The document does not state expressly whether the $1,000 aggregate cap is part of the "limitation of liability" that these exceptions remove.

Charges & Financial Obligations · Restriction or exception

Onfido's aggregate liability is capped at $1,000

To the extent allowed by law, the aggregate liability of Onfido does not exceed $1,000.00. The clause states an aggregate cap without a per-claim or per-period amount.

Supporting quotations

To the extent allowed by law, in no event shall the aggregate liability of Onfido exceed $1,000.00.

Qualifications & exceptions

• Subject to "To the extent allowed by law".
• The stated cap is an aggregate amount of $1,000.00.

Not stated here

• The clause does not state whether the cap is subject to the section's exceptions for customer breach, indemnity obligations, or death and personal injury.

Content & IP Rights · Permission or license

You grant Onfido and its providers a worldwide license to use your data

The user grants Onfido and its third-party providers a non-exclusive, worldwide right to use, copy, transmit and display any data, information, content or other materials provided to Onfido in the course of accessing or using the Services.

Supporting quotations

You grant to Onfido and its third party providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, content or other materials, provided to Onfido by you in the course of accessing and/or using the Services.

Qualifications & exceptions

• The license is non-exclusive and worldwide.
• It covers data, information, content or other materials provided to Onfido in the course of accessing or using the Services.
• Recipients include Onfido and its third-party providers.

Not stated here

• The clause does not state a duration, a termination rule or compensation for the license.

Cross-references

• qualified by (model-proposed): Personal information handling is governed by the Terms, referenced policies and operator agreement — The broad data license is expressly subject to Onfido's obligations for identification and personal information, which the following sentence says are governed by the Terms, the two policies and any operator agreement.

Use & Processing · Company commitment

Personal information handling is governed by the Terms, referenced policies and operator agreement

Notwithstanding the data license, Onfido's obligations regarding identification and other information concerning the user's personal information are governed at all times by the Terms of Service, the Facial Scan and Voice Recording Policy and the Privacy Policy, together with the terms of any agreement between Onfido and the company that owns or operates the website or app the user is using.

Supporting quotations

Notwithstanding the foregoing, Onfido’s obligations regarding identification and other information concerning your personal information shall at all times be governed by these Terms of Service,

together with the terms of any agreement concluded between Onfido and the company that owns or operates the website or app that you are using.

Qualifications & exceptions

• The Facial Scan and Voice Recording Policy and the Privacy Policy were not supplied with this saved source; their contents are not analyzed here.
• An agreement between Onfido and the company that owns or operates the website or app also governs.

Not stated here

• The Terms do not state which operator agreement applies to a given website or app or what it provides.

Cross-references

• qualifies (model-proposed): You grant Onfido and its providers a worldwide license to use your data — The broad data license is expressly subject to Onfido's obligations for identification and personal information, which the following sentence says are governed by the Terms, the two policies and any operator agreement.

Sharing & Disclosure · Restriction or exception

Onfido is not responsible for third-party services

Onfido states that it is not responsible for third parties or their content, advertisements, apps or sites, which the Terms call Third-Party Services, and that it takes no responsibility for Third-Party Services. It advises users to use caution when dealing with third parties and to consult their terms of use and privacy policies.

Supporting quotations

Onfido is not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”).

Onfido takes no responsibility for Third-Party Services.

Use caution when dealing with third parties and consult their terms of use and privacy policies.

Qualifications & exceptions

• The disclaimer covers third parties and their content, advertisements, apps and sites.
• Users are directed to the third parties' own terms and privacy policies.

Not stated here

• The Terms do not identify the third parties involved or state what their terms provide.

Linking & Identification · Company practice

Services may link to or integrate third-party sites, ads and sign-in tools

Portions of the Services may be integrated into or linked to third-party sites, platforms and apps that Onfido does not control, and Onfido may make third-party ads and other Third-Party Services available on or through the Services. This may include registering or signing in with Facebook Connect or other third-party tools and posting content on Third-Party Services using their plug-ins. Accessing or using the Service through Apple, Android or another platform makes that platform a Third-Party Service.

Supporting quotations

For instance, portions of the Services may be integrated into or linked to third-party sites, platforms and apps that Onfido does not control.

Similarly, Onfido may make third-party ads and other Third-party Services, which Onfido also may not control, available to you on or via our Services.

This may include the ability to register or sign in to the Services using Facebook Connect or other third-party tools, and to post content on Third-party Services using their plug-ins made available on the Services.

If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.

Qualifications & exceptions

• The third-party sites and tools are described as not controlled by Onfido.
• Platform access through Apple, Android or another platform is expressly treated as a Third-Party Service.

Not stated here

• The Terms do not list the third-party integrations or state what data they receive.

Unresolved · Context

Apple app access is said to carry additional terms that the document does not include

The section says that if the user accesses Onfido's Apps via Apple, additional terms and conditions are applicable, but the saved document ends that sentence with a colon and does not reproduce those terms; the next section is Section 6. Their content and scope are therefore unknown from this source.

Supporting quotations

If you access our Apps via Apple, the following additional terms and conditions are applicable to you:

Qualifications & exceptions

• The document states that additional Apple-related terms apply but does not reproduce them.

Not stated here

• The additional Apple terms' content, scope and effect are not in the saved source and are not inferred here.

Legal Rights & Agreement Rules · Context

Each party warrants it has authority to enter the Terms

Each party represents and warrants that it has the power and authority to enter into the Terms.

Supporting quotations

Each party represents and warrants that it has the power and authority to enter into these Terms.

Qualifications & exceptions

• The warranty is mutual: "Each party".

Legal Rights & Agreement Rules · Company commitment

Onfido warrants service consistent with its own business practices and discretion

Onfido warrants that it will provide the Services in a manner consistent with its business practices, as Onfido, in its sole and absolute discretion, deems fit.

Supporting quotations

Onfido warrants that it will provide the Services in a manner consistent with its business practices, as Onfido, in its sole and absolute discretion, deems fit.

Qualifications & exceptions

• The standard is Onfido's business practices, as Onfido in its sole and absolute discretion deems fit.

Not stated here

• The Terms do not define "business practices" or state any measurable service level.

Account & Service Control · Restriction or exception

You warrant your information is accurate, current and yours to provide

The user represents and warrants that any information provided in connection with the Services is accurate and current and that the user has the right to provide it.

Supporting quotations

You represent and warrant that any information you provide in connection with the Services is accurate and current and that you have the right to provide such information.

Qualifications & exceptions

• Covers any information provided in connection with the Services.

Not stated here

• The Terms do not state what happens if the information is not accurate or current.

Legal Rights & Agreement Rules · Restriction or exception

Services are provided "as is" and "as available", with implied warranties disclaimed

As permitted by applicable law, and except where Onfido expressly provides otherwise, the Services are provided "as is" and "as available". To the fullest extent permissible by applicable law, and except for the express warranties in the Terms, Onfido disclaims all express or implied representations, warranties, guarantees and conditions about the Services, including merchantability, fitness for a particular purpose, title and non-infringement, except to the extent a disclaimer is held legally invalid.

Supporting quotations

As permitted by applicable law, except where expressly provided otherwise by Onfido, the Services are provided “as is” and “as available.” To the fullest extent permissible by applicable law, except for the express warranties set forth herein, Onfido hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the Services including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid.

Qualifications & exceptions

• Subject to "As permitted by applicable law" and "To the fullest extent permissible by applicable law".
• Express warranties in the Terms are excluded from the disclaimer.
• The disclaimer does not apply to the extent a disclaimer is held legally invalid.

Not stated here

• The Terms do not identify which warranties, if any, are the "express warranties set forth herein" beyond the service warranty in Section 6.

Legal Rights & Agreement Rules · Restriction or exception

No warranty on reliability, availability, quality, accuracy or uninterrupted operation

Onfido makes no representations, guarantees or warranties about the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Services, the materials associated with them, or the results the user may obtain. Without limiting that, Onfido does not represent or warrant that the operation of the Services will be timely, secure, uninterrupted or error-free.

Supporting quotations

Onfido makes no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Services, materials associated therewith, or the results you may obtain by accessing or using the Services or materials associated therewith. Without limiting the generality of the foregoing, Onfido does not represent or warrant that (a) the operation of the Services will be timely, secure, uninterrupted or error-free.

Qualifications & exceptions

• The clause also disclaims warranties about results obtained from the Services.
• The clause does not state that its list of qualities is exhaustive.

Not stated here

• The Terms do not state any service levels or remedies for interruptions.

Security & Safeguards · Restriction or exception

Onfido is not responsible for delays or interception in communications facilities

The user acknowledges that Onfido controls the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays, interception and other problems inherent in the service of such communications facilities. Onfido is not responsible for any delays, delivery failures or other damage resulting from those problems.

Supporting quotations

You acknowledge that Onfido controls the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays, interception and other problems inherent in the Service of such communications facilities. Onfido is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Qualifications & exceptions

• The clause covers problems "inherent in the Service of such communications facilities".
• Onfido is described as controlling the transfer of data over those facilities.

Not stated here

• The Terms do not describe any safeguards or specify which communications facilities are used.

Legal Rights & Agreement Rules · Restriction or exception

You indemnify Onfido for third-party claims related to your use

The user will defend, indemnify and hold Onfido harmless against any and all claims, costs, damages, losses, liabilities and expenses, including attorneys' fees and costs, arising out of or in connection with a third-party claim related to the user's use of the Services.

Supporting quotations

You will defend, indemnify and hold Onfido harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim by a third party related to your use of the Services.

Qualifications & exceptions

• The indemnity covers a claim by a third party related to the user's use of the Services.
• It includes attorneys' fees and costs.

Not stated here

• The clause does not state a cap, a notice procedure or how the defense is conducted.