Age Verification Terms & Conditions (the “Terms”)

Last updated: 14 January 2022

By using Age Verification provided by Yoti (either through age.yoti.com or an iframe) (“Age Verification”) and any of the age verification services on Age Verification you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use Age Verification.

• Yoti is a trading name of Yoti Ltd, 6th Floor, 107 Leadenhall St, London, EC3A 4AF (company number 08998951), but you can call us “Yoti”. We have the rights to Age Verification and all content within it. 
• To contact us, please email help@yoti.com.
• If you are an organisation who wishes to use Age Verification to age verify its users, then you need to enter into a separate agreement with us and integrate with Age Verification. Please contact us at the email address above.
• For consumers the Terms are the entire agreement between us and govern your use of Age Verification and any services on there. For organisations, these Terms apply to your use of Age Verification, but if there is any conflict between these Terms and any other agreement between us, then that other agreement will apply. You may not rely on any prior representation by us, unless it was made fraudulently.

• We may update and change the Terms or the content on Age Verification from time to time to reflect changes to our products and services, our users’ needs and our business priorities. Every time you wish to use Age Verification, please check the Terms to ensure you understand the Terms that apply at that time. 

• Age Verification is made available to consumers free of charge. 
• Yoti does not guarantee that Age Verification or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Age Verification for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
• You are responsible for ensuring that all persons who access Age Verification through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.

• Yoti is the owner or has the rights to use all intellectual property rights in Age Verification. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
• Our status (and that of any identified contributors) as the authors of content on Age Verification must always be acknowledged.
• You must not use any part of the content on Age Verification for commercial purposes without first obtaining a licence to do so from us.
• You may only use Age Verification for lawful purposes. You may not use Age Verification:
  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data or send or upload any material, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.
• You also agree:
  • not to access without authority, interfere with, damage or disrupt:
    • any part of Age Verification;
    • any equipment or network on which Age Verification is stored;
    • any software used in the provision of Age Verification; or
    • any equipment or network or software owned or used by any third party;
  • not to reverse engineer, modify, hack, decompile, copy or adapt any software or other code or scripts forming part of Age Verification;
  • not to use any spidering, crawling or similar applications on Age Verification;
  • not to attempt to spoof, trick or bypass our age verification technology in any way; and
  • not to use your own credentials to allow under age persons to be age verified, or pass our age verification systems on behalf of any under age person.
• We use velocity checks to protect against fraudulent and repetitive behaviour of Age Verification log in details. We will suspend your access to Age Verification should our velocity checks indicate there is fraudulent behaviour.

• We make reasonable efforts to update the information on Age Verification, but make no representations, warranties or guarantees, whether express or implied, that the content on Age Verification is accurate, complete or up to date.
• The content on Age Verification is provided for general information only. It is not intended to amount to advice on which you should rely.

• We are not responsible for the content on the website or app that you are redirected to by Age Verification.
• Where Age Verification contains links to other websites and resources provided by third parties, or third parties use our services for age verification and link to Age Verification, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

Age estimation tool

• Our age estimation tool is exactly that – it estimates age. We don’t claim that it is accurate or that it works equally well for all our users. We and our organisation partners set an age threshold for the age estimation tool that they are happy to accept age estimation for, and it will be a number of years above the age required by law to access the content or purchase the goods or services you want to. If you are lucky enough to look younger than you are, then our technology may not grant you access to the content you want to access. Further, if you are in fact over the required age, but not by very many years, you may be rejected by our age estimation technology. We and our partners offer other age verification methods so this should not be a problem for you. We cannot accept any liability or responsibility to you if our age estimation tool rejects you. 

Yoti app

• If you use the Yoti app to prove your age then the Yoti Consumer Terms & Conditions govern your use of the Yoti app on Age Verification.

Third party services

• Some of the services on Yoti are provided by third parties. The performance of these services are outside of our control and we do not take responsibility for the availability, speed or performance of those services. 

Liability

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and liability caused by our own fraud or fraudulent misrepresentation.
• Except as provided for by the Terms or other terms and conditions accepted by you, you agree not to use Age Verification for any commercial or business purposes, and we have no liability (whether direct or indirect) to you in contract, tort, negligence or statute for any loss of profit, any loss of revenue, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or by you failing to have in place the minimum system requirements advised by us.

• We do not guarantee that Age Verification will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Age Verification. You should use your own virus protection software.

• Subject to any local law mandating otherwise, please note that the Terms, their subject matter and their formation, are governed by English law. We both agree that, subject to any local law mandating otherwise, the courts of England and Wales will have exclusive jurisdiction in respect of any dispute between us about the Terms or use of Age Verification.

• “Yoti” and the “Yoti” logo are registered trademarks of Yoti Ltd. You are not permitted to use the Yoti trade marks without our prior written approval.