These Terms and Conditions are issued by Rokan Biometrics, s.r.o., Business ID: 53 967 658, with its registered office at Kaštieľska 4, 821 05 Bratislava, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No.: 154395/B (hereinafter referred to as “Provider”). These Terms and Conditions govern the contractual relationship between the provider and the person who has concluded or intends to conclude a contract with the provider for the provision of the VeriFace service pursuant to these Terms and Conditions (hereinafter referred to as the “Recipient”) and are an integral part of any contract concluded between the provider and the recipient.
The recipient acknowledges that these Terms and Conditions are binding on both parties and are governed by them, unless the parties agree otherwise in writing. The recipient undertakes to use the VeriFace service in accordance with these Terms and Conditions.
Article 1
Definitions of terms
- VeriFace – is a cloud-based end-user identity verification service that allows the recipient to access the administrator portal and download data after the end-user identity verification process has been completed. Identity verification is carried out by means of personal data from the submitted identity documents, comparing the actual face of the end-user with the photo on the submitted personal identity document. Verification of their authenticity shall be carried out by means of advanced biometric methods and neural networks.
- Prepaid package – is a monthly or annual VeriFace service subscription that contains a certain number of verifications purchased by the recipient to verify the end-user’s identity.
- Contract – is a contract for the provision of the VeriFace service concluded between the provider and the recipient in accordance with these Terms and Conditions, the content of which consists of an order form, a price list of prepaid services and these Terms and Conditions.
- End User – Is the user whose real identity is verified, most often the recipient or the recipient of the recipient.
- Helpdesk – is the provider’s contact point, email address: info@veriface.eu.
Article 2
Conditions for the conclusion of the contract
- The recipient is entitled to order a VeriFace service prepaid package from the provider via the order form or in the administrator portal. The recipient is obliged to truthfully fill in the data necessary for the conclusion of the contract, i.e. all data in the order form. By submitting the order, the recipient agrees to these Terms and Conditions. The provider then sends the recipient an e-mail confirming the order, a request to confirm the registration to the user account and the creation of the recipient’s own access data to log in to the administrator portal.
- At the moment of delivery of the order confirmation and confirmation of registration, a contract is concluded between the provider and the recipient and the recipient is entitled to enter the administrator portal. Upon receipt of the order from the recipient, a invoice for the delivery of the prepaid package of services will be issued and sent to the recipient immediately and after payment of this invoice, the user account in the administrator portal will be activated for the purpose of using the VeriFace service, full access and download of the data after the end-user identity verification process has been completed.
- The contract to purchase additional VeriFace service prepaid packages is concluded by clicking on the “purchase” button in the administrator portal and agreeing to these Terms and Conditions.
- The contract to purchase additional VeriFace service prepaid packages is concluded by clicking on the “purchase” button in the administrator portal and agreeing to these Terms and Conditions.
- In the event that the recipient provides the provider with false, incomplete or misrepresented information and data, the provider is entitled not to enter into a contract with the recipient. In the event that the contract has already been concluded and the recipient has provided the provider with false, incomplete or misrepresented information and data, the provider is entitled to withdraw from the contract with the recipient pursuant to Article 7(2) of the Terms and Conditions.
- The provider is entitled not to conclude a contract with the recipient if he has established facts that may justify it and also if the recipient’s assets have been declared bankrupt in the last 3 years. The fact that the provider does not conclude a contract with the recipient shall be notified by the provider to the recipient no later than 14 days from the date of provision of the data in the order form.
Article 3
Price and payment terms
- The recipient is obliged to pay the price for using VeriFace service according to the price list valid at the time of clicking the “purchase” button in the ordering process.
- The price for using VeriFace service will be paid to recipient by means of a invoice, which will be issued immediately by the provider and sent by e-mail to the recipient.
Article 4
Rights and obligations of the recipient
- The recipient is entitled to:
a) use the service agreed with the provider in an orderly manner in accordance with the contract as well as any additional arrangements with the provider,
b) use the service within the range of functions in which it allows and in accordance with the provider’s instructions,
c) use the service within the range of supported identity documents and countries in which it allows and in accordance with the provider’s instructions.
- The recipient is entitled to report to the provider all defects of the VeriFace service via helpdesk, while the provider guarantees receipt of the defect report.
- The recipient may not use the VeriFace service to distribute business communications and spam, illegal, obscene, threatening or otherwise inappropriate content, to violate the rights of the provider or third parties, or otherwise contrary to the purpose of the VeriFace service.
- The recipient is obliged to protect his/her access data from misuse. If the recipient finds that his access data have been unauthorisedly used, he is obliged to notify the provider without undue delay. The provider shall not be liable for any damage or other damage caused by loss or misuse of access data.
- The recipient and the provider will provide each other with the assistance necessary for the proper functioning of the VeriFace service.
- The recipient is not authorized to use the VeriFace service contrary to its purpose and in a manner that could impair its operation or security. The recipient is not entitled to use the identity of another person.
Article 5
Rights and obligations of the provider
- The provider is obliged to allow the recipient to use the VeriFace service in accordance with the concluded contract.
- As part of the development, operational maintenance or repairs of the VeriFace service, the provider is entitled to extend or change its functionality, introduce new software modules, deploy new versions of the service, etc., and will publish information about changes on an ongoing basis.
- The provider shall be entitled to terminate or suspend the provision of its services or parts thereof at any time, in particular in the following cases:
a) implementation of a measure or decision of a state authority (e.g. crisis situation, legislative measure),
b) due to defects of a technical or operational nature,
c) for operational maintenance, repairs, or deployment of a new version of VeriFace service,
d) at the moment of exceeding the recipient’s financial or volume limits,
e) if there is reasonable suspicion that the recipient or any third party is abusing (will abuse) the services provided, whether he/she uses (will use) the services in violation of these Terms and Conditions, or in violation of applicable law, and third party harm may occur,
f) because of the need to safeguard the legitimate interests of the provider or because of a change in the security settings of the service, if this is for the benefit of the recipient, which the recipient provider will inform the recipient without delay.
- The provider shall inform the recipient of the termination or suspension of the provision of these services and of the reasons why this occurs.
Article 6
Guarantees and liability
- The parties agree that the provider is not responsible in particular for:
a) the accuracy, completeness and timeliness of the data entered into the VeriFace service by the recipient or the provider according to the recipient’s instructions, the recipient is responsible for the correctness, completeness and timeliness of the data,
b) for any misconduct or harm caused by the recipient providing or allowing access to information stored on VeriFace service to another person,
c) loss of data, non-delivery of e-mail and its attachments sent from VeriFace service,
d) any loss or damage that may arise or result from any changes that the provider may make to the operational maintenance, repair or deployment of a new version, of the service or result from the deletion, damage or storage of any content while using the VeriFace service,
e) a malfunction caused by malicious code (e.g. a computer virus),
f) failure caused by recipient negligence, unprofessional treatment or non-compliance with obligations arising from the contract or the Terms and Conditions.
- Using VeriFace service includes facial recognition components. Facial recognition is a statistical process and in connection with this the parties agree that the provider is not liable for any damages caused by the inaccuracy of the evaluation of end-users’ recognition processes.
- The parties agree that the total amount of damages requested by the recipient from the provider will in no way exceed the price of the prepaid package of services of the currently purchased verifications for all breaches of contract incurred over the duration of the contract. Following the provision of Section 379 of the Commercial Code, the parties note that this extent of damage corresponds to the maximum amount of damage foreseen by the parties as a possible consequence of a breach of contract obligations; damage caused to the recipient in excess of the amount of foreseeable damage under this paragraph shall not be reimbursed. For the avoidance of any doubt, the agreement of the parties on limiting the scope of damages is not a waiver of a claim for damages within the meaning of Section 386 of the Commercial Code, but represents a modification of the scope of damages within the meaning of Section 379 of the Commercial Code.
- The provider is only liable for actual damage caused to the recipient, not for lost profits or indirect damages or damages caused to third parties.
Article 7
Duration and termination of the contract
- The contract is concluded for a fixed period of time until the number of verifications purchased is exhausted. The recipient is obliged to exhaust the verifications within 1 month or 1 year of purchase depending on the purchased prepaid service package. If the recipient purchases additional (new) verifications, although the previously purchased verifications have not yet been used up, the previously purchased verifications are not added to the new verifications and the recipient is extended to a period of 1 month or 1 year from the purchase of the new verifications.
- The provider is entitled to withdraw from the contract immediately for the following reasons:
a) the recipient is in default of payment of his monetary obligations to the provider more than 15 calendar days from the due date,
b) the recipient enters into liquidation, an application has been filed for bankruptcy on the recipient’s assets, an application for authorisation of the restructuring of the recipient’s business has been ordered, enforcement or enforcement has been ordered on the recipient’s assets, in particular by the sale of the recipient’s business or by receivery administration,
c) the recipient intentionally damages the VeriFace service or tries to circumvent its tariff restrictions,
d) the recipient has violated or repeatedly violates these Terms and Conditions and has not been remedied within a reasonable period of time provided by the provider.
- In these cases, the withdrawal shall take effect on the date of receipt of the written notice of withdrawal or at a later date specified in the notice, or by sending a notice of withdrawal to the recipient’s e-mail.
- In the event of withdrawal, no prepaid verifications will be returned to the recipient and the parties will not return the already provided services.
Article 8
Final provisions
- The provider is entitled to unilaterally amend these Terms and Conditions. The provider is obliged to inform the recipient about the changes by means sent to the email address provided by the recipient in his VeriFace service user account.
- The contractual relationship between the recipient and the provider is governed by the law of the Slovak Republic and any disputes will be decided by the general courts of the Slovak Republic.
- If any provision of these Terms and Conditions proves or becomes invalid or ineffective, this does not affect the validity or effectiveness of other contractual provisions. The Contracting Parties undertake, without undue delay, to replace such provision with a provision which is closest to its meaning and purpose to the provision in question.
- The Terms and Conditions enter into force on 01.01.2022.