Yoti Web Account Service Terms and Conditions

• We’re delighted that you wish to sign up to our Web Account Service (the “WAS”).
• Before you start using the WAS, you must accept these terms and conditions. Please read these terms and conditions carefully, together with any other terms made available by us from time to time, as they control your use of the WAS. These terms and conditions tell you who we are, how you and we may change or end the contract between us, and other important information. By accepting them and using the WAS you’re agreeing to be bound by these terms and conditions. If you do not understand or do not wish to be bound by these terms and conditions, you should not register for the WAS. You should also read our Privacy Notice – see section 7.  
• We will follow our own published Misuse Policy if people misuse the WAS in a manner which may harm other users.  In case there is any conflict between these terms and conditions and our Misuse Policy, these terms and conditions will take precedence. 
• We recommend that you save and/or print a copy of these terms and conditions for future reference.
• We are “Yoti“. When we talk about “you” in this document, we’re talking about you as an individual using our WAS for private and non-commercial purposes only, except as may be expressly allowed by the WAS functionality or allowed by us in writing. When we talk about a “third party” we mean anyone who is not you or us.
• If you want to use WAS as an organisation or business (“organisation”) or on behalf of an organisation, you will need to accept and comply with the organisational terms and conditions presented to you when creating an organisational account or when accepting an organisational profile.

• Yoti’s products help you to prove who you are, online and in person. Only you control what identity information you add to your account and you alone will decide when you want to identify yourself to a third party. You choose whether to agree or not to share the information a third party requests from you.
• We won’t charge you for using the WAS or for sharing your details with other organisations requesting your details. We might also offer optional premium services to individuals that may carry a cost, and we will notify you of these costs before you sign up to receive these services or with at least three months’ notice through the WAS if you are already using these services free of charge. We make money by charging our clients to securely receive verified data about you, that you choose to share with them.
• If you decide to share information with requesting organisations using the WAS, we reserve the right to charge them for receiving that information.  
• Yoti may from time to time create, develop and introduce additional features, functionality or services and, if necessary, we will update these terms and conditions accordingly as required. 

• Provided you accept and continue to comply with these terms and conditions, Yoti grants you a non-exclusive, non-transferable licence to use the WAS that can be revoked at any time.
• The WAS is not currently intended for people under the age of 13. To use the WAS, you must be (and you promise to us that you are) over the required age in your territory to give consent by yourself for processing of your data (this age varies from territory to territory, but in the UK and the US is 13).  If your territory does not have a minimum age we set it at 13 (and this is the case for India). If we believe or verify that you have not told us your true age (or have not received parental consent if required by your local law), we may suspend your use until you have provided us with acceptable proof of age (or parental consent). We advise parents and guardians who allow their children to use our products that it is important to communicate with their children about their safety online.
• Each person can only create one account. You will be able to use your WAS account to verify your identity more quickly next time you use the WAS. Once verified you may use the information to create a Yoti digital identity app account, which is a quick, convenient and secure way of sharing your identity. 

• Having created your account you will need to follow the instructions to confirm your identity. You do this by providing a photo of your ID document. We extract data from your ID document to establish your identity. We may share an image of the ID document with the organisation requesting that you complete an identity check.
• We will also ask you to provide a selfie so that we can conduct liveness tests to check you are a real person and not someone trying to impersonate you. We use the selfie to take a scan of your face to create a biometric template (a digital map of your face) of your face, which we store securely. We perform face matches to compare your selfie with the photo on your ID to make sure users only upload their own documents. As we are capturing your biometrics we ask for your consent before we do this. If you do not want to consent then you will not be able to complete the identity verification process and you will need to speak to the requesting organisation you are interacting with for other ways to verify your identity. 
• You may also give us your address and we may check it against the records held by a Credit Reference Agency. The check will be in the name of Yoti Limited. Alternatively we may take your address from an ID document that you have provided to us.
• Once you have added your information to confirm your identity, you will be able to send the details to the company that is requesting them. 
• You will be able to see information relating to the status of your check in the ‘Activity’ section. 
• You will be able to use the details from your first verification to create a Yoti digital identity app account. To do this follow the instructions labelled “Get your Digital ID” in the dropdown menu.

• You will be able to share your details with the organisation requesting them via the functionality in your WAS account. Whenever an organisation or other individual asks you to verify your identity or provide other details through the WAS, you always get to decide whether to accept or not.
• Whenever you choose to share information with the requesting organisation, they will receive a report with the information you shared, details of the checks performed as well as the results of these checks. You will be able to see the record and status of your check in your WAS account.
• Yoti creates and encrypts a master receipt which contains details of the sharing. This master receipt is securely stored on our servers and we cannot access or view it unless either you or the organisation you shared your details with provides us with their own receipt containing the encryption key needed to access the information.
• Yoti deletes your data used for the identity check after 28 days or otherwise in accordance with the requesting organisations’s retention policy.

• You’re able to close your WAS account at any time by selecting the “Delete Account” option in “My Profile”.
• We reserve the right to immediately suspend your account and access to the WAS platform and to terminate these terms and conditions, and therefore your right to use the WAS platform, without responsibility or liability to you if, in our sole opinion, you are not complying with these terms and conditions, or if you otherwise disrupt the WAS or if your continued use of the WAS is harmful. 
• We reserve the right to terminate some or all of our services, and therefore your right to use the WAS account, at any time at our discretion and without responsibility to you on providing you with at least 30 days’ prior notice through the WAS platform.  
• If you or we close your WAS  account, you will lose access to your account and to all of the information and services associated with it. We may need to keep your sharing receipts for regulatory reasons. Any third party you shared information with through the service will still have those details (in their own receipts) after you have closed your account. 
• Once your WAS account is closed, we will delete from our server all of your personal data. You will need to contact any third parties that you shared your data with using the WAS and independently request that they delete your data.

• We’re in the business of making sure that you can share your personal details safely and securely. So, any personal information that you provide to us will be processed strictly in line with our privacy policy, which is available in the footer of the WAS account.

• We may further verify your information by running extra checks with the body who issued the information, external identity checking providers and/or Credit Reference Agencies. Such checks may include verifying your name, address and/or date of birth, credentials, or your banking details.
• Please see our Privacy Notice for more information about the checks we perform.
• From time to time we might need to involve other third parties in delivering the services. We reserve the right to transfer, assign, subcontract or deal in any other manner with our rights and obligations under these terms and conditions without your prior written approval. Please note that you may close your WAS account, stop using the WAS platform and terminate these terms and conditions at any time (please see the “Closing/deleting your account” section, above).  

• We are very proud of the WAs and our other products, and, as we are sure you can understand, they contain some valuable intellectual property, trade knowledge and other confidential information. This means that you must not do any of the following:
  • Copy, sell, give, assign, or market the WAS or our other products to any third party; 
  • Modify, reuse, disassemble or decompile the WAS or our other products or any part of it;
  • Reverse engineer the WAS or our other products or any part of them (this means analyse the WAS or our products in order to work out their function or structure, whether with or without the intention of re-creating or modifying them); or
  • Translate or create derivative works (adaptations) based on the WAS or our other products or any part of them.
    
• For the purposes of these terms and conditions, only Yoti owns or is the licensee of all intellectual property, know-how, trade knowledge and other confidential information in or arising out of or in connection with the WAS and our other products.

• We aim to ensure that you are able to access and use the WAS at all times. However, your use of the WAS may from time to time be interrupted by maintenance, repairs or updates or other factors which we may not be able to control and we cannot guarantee to you that they will always be available. We will do our best to notify you of such situations as soon as possible after we become aware of them, but we will not be liable under any circumstances for any loss or damage caused as a result of such interruption of availability of the WAS, other than as set out below at section 12 (Our responsibility to you).

• You are at all times responsible for making informed decisions about sharing your information with third parties and for considering the implications of doing so. Yoti has no control over what third parties do with the information you choose to share with them through the WAS and therefore accepts no responsibility or liability for information misuse on their part.
• If you choose to use the WAs to share your information with a company in order to access or interact with services they provide (such as buying or selling online), you should also review that company’s terms of use, privacy policy or any other terms governing your use of that company’s sites, services or resources, and make sure you comply with them. Yoti has no control over the contents or performance of any third party sites, services or resources, and accepts no responsibility for them, for any loss or damage that may arise from your use of them, or for any refusal by such third parties to provide you with products or services. 
• You are responsible for making sure that all your information associated with your WAS account is accurate and up to date.
• Any information shared between you and requesting parties via WAS should remain private to the two counterparties unless one is a victim of the other’s fraud / mistreatment at which point the victim can share the relevant information with law enforcement (but not the general public).
• We trust you to use the WAS sensibly and lawfully, but please be aware that you must:
  
  • not use or interact with WAS if you intend to commit any unlawful, fraudulent, dishonest, anti-social, unethical, abusive, threatening or invasive behaviour; 
  • use WAS only for your private use and non-commercial purposes (except as may be expressly allowed by the functionality of the WAS or otherwise allowed by us in writing);
  • not damage, interfere with or disrupt the integrity or performance of the WAS in any way;
  • not offer in any manner, sublicense, lease, sell or otherwise make available the WAS or any of their services to any third party without our prior written consent; 
  • not use or interact with the WAS in any unlawful, fraudulent or dishonest way or for any improper purpose. In particular, please be aware that under UK law, it is a criminal offence to create, possess and/or use fraudulent, forged, false or improperly obtained documentation. It is illegal to impersonate, or pretend you are, someone else, for example by using their identification documents. If we know of or suspect activity by you that contravenes this section, we reserve the right to suspend your WAS account, to report you to the relevant authority or agency, or to take such other action as we in our discretion believe is necessary for the protection of our users and/or our business or reputation, and we will keep a copy of your data for further anti-fraud procedures or as may be required by law. If false or inaccurate information is provided and fraud is identified, details may be passed to fraud prevention agencies to prevent fraud, money laundering and other criminal offences. You can get more information explaining how the fraud prevention agencies will use the information by emailing privacy@yoti.com.

If we know or have reasonable grounds to suspect that activity by you breaches this section, we reserve the right to take all appropriate action to investigate and to deal with the consequences of a breach. Please also refer to our Misuse Policy.

• Nothing in these terms and conditions excludes or limits our liability either: (a) for your death or personal injury if it’s caused by our negligence; or (b) our fraud or fraudulent misrepresentation (this means if we deliberately and knowingly make a false statement or representation with the intent to deceive or without belief in its truth or recklessly as to its truth). We will also take responsibility where we are required to by applicable law. 
• Aside from the circumstances listed above, if we do not comply with these terms and conditions, we will be responsible for loss or damage you suffer that is a foreseeable result, to you and to Yoti, of our breach or our negligence (that is, any act or omission by us which falls short of a standard to be expected of a reasonable person) up to a total cap of £500 (to the extent permitted by law). This cap includes all claims whether made for a breach of contract, our negligence or for any breach of our statutory duty. However, we are not responsible for any other loss or damage you suffer that is not reasonably foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by both you and us at the time you first accessed the WAS. To the extent permitted by law, we are not responsible for any loss whatsoever due to the actions of third parties (including bad actors) that were not made possible by our own negligence.
• Yoti is not under any circumstances liable to you for: 
  • a) any losses that were not caused by Yoti; 
  • b) any business losses or liabilities: including loss of profit; loss of income; loss of goodwill (this means the good reputation enjoyed by a legal entity); loss of anticipated savings; loss of data; loss of business; business interruption or loss of business opportunity, however caused; 
  • c) any credentials provided by third parties to your WAS account or a third party’s account which you rely on; or 
  • d) any data breaches by third parties with whom you chose to share information.

• If you breach these terms and conditions, we are not liable to you for any loss or damage you may suffer because of your breach. 
• From time to time we might need to update the WAS, for example, to improve the services we offer to you or for security reasons. We reserve the right to update, modify or terminate the WAs or your access to them for any reason, without notice, at any time, and without any legal responsibility to you. To use the most up-to-date functionality, you must download any updates we make available. You will be responsible for any loss or damage you may suffer by continuing to use an outdated version of the WAS. We do not guarantee that the WAS will work with all devices and operating systems and we are not responsible for maintaining the compatibility of the WAS with all updated or new operating systems and devices.
• We hope it never happens, but it is possible that something we have no control over might happen which makes it impossible for you to use some or all of the services provided through the WAS, such as a strike, riot or natural disaster. Although it is unlikely that this will happen, if it does we will try to inform you about it and to minimise any disruption to your use of the WAS, including by taking mitigating measures, but we will not be liable to you for any loss of functionality or use.
• You have legal rights where we do not provide services with reasonable care and skill, and goods that are not of a satisfactory quality. Information about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these terms and conditions will affect these legal rights.

• Your rights or obligations under these terms and conditions cannot be transferred, assigned, sublicensed, subcontracted, dealt in any other manner without our prior written approval. No other person has any right to enforce any of these terms and conditions, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
• We may change or add to these terms and conditions from time to time, for example to reflect any changes: (i) in our policies or relevant laws and regulatory requirements; (ii) in the functionality of the WAS; or (iii) imposed on us by a third party. If we do make any changes, we will tell you and direct you to the revised terms and conditions the next time you use the WAS. If you do not understand or agree with the revised terms and conditions, you should stop using the WAS and close your account (in line with section 6 on closing / deleting your account). We will always post the most current version of the terms and conditions on our website and on the WAS.
• No other change to these terms and conditions shall be valid.
• Each of these terms and conditions operates separately, meaning that if a court or other relevant authority decides that any term or condition cannot be enforced, the others will still remain in full force and effect.  
• If we do not enforce any of our rights under these terms and conditions, this failure does not mean that we cannot or will not decide to enforce that right at a later point.
• (i) The Yoti company you contract with (ii) the law that applies to these terms and (iii) the courts which any disputes will be heard in – they all depend on where you live.  
  • If you live in India then you are contracting with Yoti Biometric Identity Private Ltd, whose CIN is U74999DL2016FTC306577 and whose registered address is Gayatri Tech Park, Ground Floor, 183, EPIP, Near iGate, KIADB, EPIP Zone, Whitefield Road, Bangalore – 66.  Indian law applies to any dispute or claim arising from these terms and conditions or your use of our products (whether contractual or non-contractual) and we can both bring legal proceedings in the Indian courts.
  • If you live in the USA or Canada then you are contracting with Yoti USA Inc, whose company registration number is C4047096 and whose registered office is at 345 Grove Street, Second Floor, San Francisco, CA94102. Any dispute or claim relating in any way to these terms and conditions or your use of the apps will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms and conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in a state or federal court in California to enjoin infringement or other misuse of intellectual property rights.
  • If you live in Australia or New Zealand then you are contracting with Yoti Australia Pty Ltd, a company registered in Victoria with ABN 49 634 795 841 and its registered offices at The Hub Southern Cross, L2 696 Bourke Street, Melbourne, 3000, Victoria Australia. Subject to any mandatory requirements of your local law that override this paragraph, State of Victoria law applies to any dispute or claim arising from these terms and conditions or your use of our products (whether contractual or non-contractual) and we must each bring legal proceedings in the courts of the State of Victoria.
  • If you live anywhere else in the world then you are contracting with Yoti Limited, a company registered in England with number 08998951 and whose address is at 6th Floor, 107 Leadenhall St, London, EC3A 4AF.  Subject to any mandatory requirements of your local law that override this paragraph, English law applies to any dispute or claim arising from these terms and conditions or your use of our products (whether contractual or non-contractual) and we must each bring legal proceedings in the English courts.

• If you have a dispute with us, contact us at hello@yoti.com and try to resolve the dispute informally. If you and we cannot resolve a dispute informally, you can submit it for online resolution to the European Commission Online Dispute Resolution platform. For more information click here: http://ec.europa.eu/consumers/odr/. You and we will also have the option of resolving the dispute using court action.

 

• The English language version of these terms and conditions prevails.

• Please note that if you are accessing your WAS account through our website, for example, to check your activity or manage your profile, then these terms and conditions will also apply to the extent necessary for your use.
• If you would like to contact us, you can do so by emailing hello@yoti.com