This agreement applies to registered account holders of platform.sensity.ai, as well as End Users of our Identity Verification Services, and Sensity B.V.
Feedback. We welcome feedback, comments and suggestions for improvements to the Services. You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Last Updated: January, 2022
To make these Terms easier to read, the Identity Verification Services are collectively referred to as “the Services”. Please read these Terms of Service (the “Terms”) because they govern your use of the Services.
Agreement to Terms.
By using the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please cease using the Site immediately.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SENSITY B.V.THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
Who May Use the Services?
Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Sensity B.V.and are not barred from using the Services under applicable law.
Registration and Your Information. If you want to use certain features of the Services, you will have to create an account (“Account”).
Accuracy of Account Information. It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Changes to Terms or Services. We may make changes to the Services and update the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Terms, or through other communications such as email, for material changes. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms.
Content Ownership, Responsibility and Removal.
Definitions. For purposes of these Terms: “Content” means text, graphics, images, audio, video, works of authorship of any kind and information or other materials that are generated, published, posted, or otherwise made available through the Services.
Our Content Ownership. Sensity B.V. and its licensors exclusively own all right, title and interest in and to the Services including all associated intellectual property rights. You acknowledge that the Services and their Content are protected by copyright, trademark in US and EU. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and their Content.
Rights in Content Granted by Sensity B.V.. Subject to your compliance with these Terms, Sensity B.V. grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
General Prohibitions and Sensity B.V.’s Enforcement Rights.
You agree not to do any of the following:
(a) Use, display, mirror or frame the Services or any individual element within the Services, Sensity B.V.’s name, any Sensity B.V. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sensity B.V.’s express written consent;
(b) Access, tamper with, or use non-public areas of the Services, Sensity B.V.’s computer systems, or the technical delivery systems of Sensity B.V.’s providers;
(c) Attempt to probe, scan or test the vulnerability of any Sensity B.V.system or network or breach any security or authentication measures without consent;
(d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sensity B.V.or any of Sensity B.V.’s providers or any other third party (including another user) to protect the Site or its Content;
(e) Use any meta tags or other hidden text or metadata utilizing a Sensity B.V.trademark, logo URL or product name without Sensity B.V.’s express written consent;
(f) Use the Services, their Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(g) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
(h) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(i) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(j) Violate any applicable law or regulation; or
(k) Encourage or enable any other individual to do any of the foregoing.
Although we are not obligated to monitor access to or use of the Services we have the right to do so to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
THE SERVICES & THEIR CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of its Content.
You will indemnify and hold harmless Sensity B.V.and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of, or in any way connected with your access to, or use of the Services, or your violation of these Terms.
Limitation of Liability.
Intended Use of Sensity B.V.Services. While we aim for access to the Site to be highly reliable and available, we do not guarantee that it will be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Sensity B.V.’s control, including Wi-Fi intermittency, service provider uptime, among others. You acknowledge these limitations and agree that Sensity B.V.is not responsible for any damages allegedly caused by the failure or delay of the Services.
Limitations. NEITHER Sensity B.V. NOR ANY OTHER PARTY INVOLVED IN CREATING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Sensity B.V. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by The Netherlands Law,
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services and its Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Sensity B.V.agree that the Dutch Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Sensity B.V. are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions and Opt-out. As limited exceptions to Section 13 (a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com within thirty (30) days following the date you first agree to these Terms.
Entire Agreement. These Terms, together with any other document referenced or incorporated herein by reference, constitute the entire and exclusive understanding and agreement between Sensity B.V.and you regarding the Site and its Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sensity B.V.and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Sensity B.V.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sensity B.V. may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Sensity B.V. under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Sensity B.V.’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sensity B.V.. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.