Last updated: March 2023
- INTRODUCTION AND GENERAL TERMS
PLEASE READ THESE TERMS CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT.
- NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS TO RESOLVE ANY DISPUTES WITH BERBIX.
- Check back here from time to time because the Terms may change, and you agree to be bound by the version of the Terms effective on the date you use the Services.
- NOTE: You are not authorized to use the Services if you do not agree to these Terms.
- SERVICES DESCRIPTION
- Purpose. The purpose of the Services is to verify your identity and prevent fraud. You will need to have an identification document (“ID”), such as a driver’s license or passport, in order to complete the process.
- Process. You will be prompted to take a photograph of your ID and, in some instances, a photograph of yourself (a “selfie”). As a service provider, Berbix will extract from your ID and selfie (where applicable) information—including but not limited to: ID number (e.g. driver’s license or passport number), PDF417 or other barcode and machine-readable zone information, and any corresponding metadata and biometric identifiers such as your facial geometry. Berbix uses your input information and the information we extract to assess the validity of your ID and the risk of your identity, as well as to improve and develop our products and services.
Your privacy is very important to us. Please read our Product Privacy Notice (“Privacy Notice”), located here, to understand how we collect, use, process, store, share, and retain your information. You are not authorized to use the Services if you disagree with any part of the Privacy Notice.
- WHO MAY USE THE SERVICES
- Berbix is a service provider, and our customers determine who will interact with the Services.
- Berbix does not determine eligibility for any products or services. However:
- You must be at least 18 years old, or otherwise legally old enough to enter into a binding contract in your jurisdiction (i.e. state or country), to use the Services.
- If you are between 13 and 17 years old, you must have express consent and permission from your parent or legal guardian before using the Services and further agree that you will only use the Services under the direct supervision of your parent or legal guardian. If you are between 13 and 17 years old, any reference to you herein shall be understood to include both you and your parent or legal guardian who confirms they have read, understood and accepted, and agreed to be legally bound by, these Terms.
- YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE IF YOU ARE UNDER 13 YEARS OLD.
- You are not authorized to use the Services for any purpose if you are:
- located in a country with whom the United States Government has implemented an embargo (i.e. prohibited the exchange of goods or services);
- located in a county that has been designated by the United States Government as a “terrorist supporting” country;
- listed on any United States Government list of prohibited or restricted parties, such as the Specially Designated Nationals list; or
- included on any global watchlist, such as sanctions screening list, that identifies individuals who are known or suspected terrorists, money launderers, or frauds.
- PROHIBITED USES AND BEHAVIOR
- You agree not to scan or upload, or cause Berbix to scan or copy, any badge, identification card, or other identification document issued by the United States military or any of its branches, or by any governmental entity that prohibits you from doing so.
- You agree not to scan or upload to the Services any photograph:
- of any person who is not the subject of the transaction; or
- that includes any grotesque, obscene, or salacious images, including images of a nude body or body part, of yourself or any other person.
- You agree not to use the Services in any way that:
- is unlawful, illegal, fraudulent, or otherwise criminal in nature;
- is inconsistent or contrary to, or otherwise unauthorized by, these Terms;
- is defamatory, threatening, abusive, or discriminatory of any other person;
- is indecent, immoral, obscene, or offensive;
- infringes or otherwise violates any intellectual property or other rights of any other person; or
- advocates, depicts, promotes or assists any violent or unlawful act, such as (by way of example only) human trafficking, sex trafficking, domestic violence, child pornography, revenge pornography, or computer abuse or misuse.
- You agree not to use the Services:
- in any way that could alter, damage, disable, overburden, impair or compromise Berbix’s systems or products;
- to translate, reverse engineer, decompile, disassemble or otherwise create derivative works from any Berbix product or documentation;
- in any way that could impede anyone from using the Services;
- to copy, collect or harvest any information or data from the Services or Berbix or our systems;
- to obtain information or content from the Services via data scraping, data extraction, or any other means not expressly permitted via written consent from Berbix;
- to attempt to gain unauthorized access to any of Berbix’s products, services, platform, or systems; or
- to attempt to decipher any transmissions to or from the servers running the Services.
- You agree not to:
- rent, lease, sub-license, loan, distribute, link, publish, display or translate the Services in any way;
- sell, resell, or exploit the Services in whole or in part (including object and source code);
- violate, circumvent, probe or impede any monitoring, security, reporting, or authentication mechanisms; or
- remove any copyright, trademark or other proprietary rights notices from the Services.
- THIRD PARTY CONTENT
- The Services may contain links to third party websites or other applications (“Third Party Sites”) to provide you certain services or functionality. Berbix has no control over and accepts no responsibility for the content of any Third Party Sites. As such, any Third Party Sites are provided “as is” and with no warranty, express or implied, for the information provided within them.
- Any questions or complaints about Third Party Sites must be directed to the operator of those sites.
Subject to these Terms and the Privacy Notice, we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to access and use the Services solely for the Purpose described herein. You agree you will use the Services solely in compliance with all applicable laws. Berbix reserves the right to revoke this license at any time and in its sole discretion.
- INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that:
- all intellectual property rights in and to the Services belong to Berbix or its licensors;
- the rights granted herein are licensed (not sold) to you; and
- you have no rights in or to the Services or its content other than the right to use the Services in accordance with these Terms.
- All trademarks, service marks, trade names, and logos are proprietary to Berbix and/or its customers. Nothing contained on or in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Berbix or its customers, as applicable.
- DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND CONTENT INTEGRATED IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BERBIX AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY, SATISFACTORY QUALITY OR USER EXPERIENCE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT THE QUALITY OF ANY SCANS YOU MAKE OR PHOTOGRAPHS YOU TAKE WHILE USING THE SERVICES. WE ARE NOT RESPONSIBLE FOR BREACHES OF ANY INDIVIDUAL’S PRIVACY AS A RESULT OF YOUR MISUSE OF THE SERVICES.
- LIMITATION OF LIABILITY
- YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR ANY THIRD PARTY SITES IS DONE AT YOUR OWN RISK. YOU FURTHER UNDERSTAND AND AGREE THAT BERBIX IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF THE SERVICES OR OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SERVICES.
- IF YOU CHOOSE TO ACCESS OR USE THE SERVICES FROM OR IN LOCATIONS OUTSIDE OF THE UNITED STATES, YOU ARE RESPONSIBLE FOR ENSURING THAT WHAT YOU ARE DOING IN THAT COUNTRY OR JURISDICTION IS LEGAL.
- BERBIX DOES NOT PERMIT OUR CUSTOMERS TO MAKE CREDIT, INSURANCE, EMPLOYMENT, OR OTHER ELIGIBILITY DETERMINATIONS REGULATED BY THE FAIR CREDIT REPORTING ACT AND IS NOT RESPONSIBLE FOR ANY DECISIONS OR ACTIONS TAKEN BY OUR CUSTOMERS IN CONNECTION WITH YOUR USE OF THE SERVICES.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, BERBIX IS NOT LIABLE TO YOU, PERSONALLY OR OTHERWISE, UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE, INABILITY TO USE, OR THE CONSEQUENCES OF YOUR USE OR INABILITY TO USE THE SERVICES. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL BERBIX’S MAXIMUM AGGREGATE LIABILITY HEREUNDER EXCEED ONE HUNDRED DOLLARS ($100).
- To the extent permitted by applicable law, you agree to indemnify Berbix for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us that arise out of your use of the Services in breach of these Terms.
- Berbix reserves the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the Services, and you agree to assist and cooperate with us in relation to any such claim.
- Berbix may discontinue, suspend or modify the Services at any time without notice to you and may block, terminate or suspend your access to the Services at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others.
- Upon termination or suspension of your access to the Services by Berbix:
- you must cease use of the Services immediately; and
- all rights and licenses granted to you pursuant to these Terms shall terminate immediately.
- EVENTS OUTSIDE OUR CONTROL
Berbix will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
- GOVERNING LAW
To the extent permitted by applicable law, these Terms are governed and construed by the laws of the state of Delaware, United States, and you consent to the non-exclusive jurisdiction of the Delaware courts for any dispute not subject to arbitration.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT PROVIDES THAT YOU AND BERBIX AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. THIS MEANS THAT YOU AND BERBIX WAIVE THE RIGHT TO PURSUE A LAWSUIT OR TRIAL BY JURY AND ALSO WAIVE ANY RIGHT TO ASSERT CLAIMS IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW.
- To the extent permissible by law, you and Berbix agree that all claims, issues, and disputes arising out of or relating to these Terms or this Arbitration Agreement (the “Agreement”) will be resolved by binding arbitration on an individual basis, except that neither you nor Berbix are required to arbitrate any dispute in which either party seeks an injunction or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents, or other intellectual property.
- The parties agree that this Agreement shall be governed by the laws of the State of Delaware, that the arbitrator shall apply Delaware state law to all claims, issues, or matters in dispute. For example, Delaware state law shall govern issues of enforceability and interpretation of the Terms and of this Agreement, as well as the arbitrability of any claim, issue, or dispute.
- BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU AND BERBIX ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, THE PARTIES AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
- To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Berbix LLC, in care of our registered agent, Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808.
- Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA Consumer Arbitration Rules (the “Rules”), which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the Rules.
- You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction.
Each of the conditions of these Terms operates separately. If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable, or, if this is not possible, that provision can be construed as deleted. Regardless, the other Terms herein shall continue to apply with full force and effect.
- OTHER IMPORTANT TERMS
- Berbix may transfer its rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer or assign your rights or obligations under these Terms.
- If Berbix fails to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
- These Terms constitute the entire agreement between us with respect to your use of the Services. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
- Except to the extent otherwise permitted by applicable law, a person or entity who is not party to these Terms may not enforce these Terms.
- No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.