and incorporate the necessary stages of verification and compliance assessment in order to maximize End User convenience while ensuring the required level of verification reliability. |
| 3.10. Allpass.ai provides services for the storage and processing of End User Content (personal data) of the Business User’s consumers. The Provider will act as the processor of such data in accordance with GDPR, while the Business User, through its Account on the Platform, may access and work with such End User Content. The Business User shall be deemed the controller of the End User Content of its Consumers in accordance with the GDPR. |
|
|
| 4. **Rights and Obligations** |
| 4.1. The Provider undertakes: |
| - Organize and ensure the proper functioning of Allpass.ai.
|
| - Process all End User Content and/or Business User Content solely in connection with the operation and improvement of Allpass.ai, and shall not transfer or disclose such information to unauthorized third parties.
|
| - To provide relevant, timely and sufficient support service..
|
| 4.2. The Provider has the right: |
| a) to receive from the Business User all the data necessary to fulfill its obligations hereunder. |
| b) to block or delete the Business User's Account in case of violation of these Terms of Service; |
| c) unilaterally change these Terms and Service |
| 4.3. The Business User is obliged to: |
| - Use Allpass.ai or any part of it only within the limits of those rights and in the ways provided for in the Terms of Service;
|
| - Refrain from distribution (copying), publication of Allpass.ai or any parts thereof;
|
| - Refrain of any use of Allpass.ai or its parts by any third parties;
|
| - Provide the Provider with the consent to the Terms of Service and Privacy Policy by (1) clicking the box indicating acceptance when registering an Account in the Application or on the Platform, or (2) by providing written consent to accept these Terms of Service;
|
| - Refrain of attempts to access or derive the source code or architecture of the Allpass.ai or any part of it;
|
| - Do not use Allpass.ai in any way that causes, or may cause, damage to Allpass.ai or impairment of the availability or accessibility of Allpass.ai;
|
| - Refrain of attempts to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of Allpass.ai;
|
| - Refrain of attempts to probe, scan or test the vulnerability of Allpass.ai, or any associated system or network, or to breach any security or authentication feature or measures of Allpass.ai;
|
| - Do not use Allpass.ai in any way that is unlawful, illegal, fraudulent or harmful;
|
| - Do not use Allpass.ai in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
|
| - Do not interfere or attempt to interfere with Allpass.ai to any Business User’s or End User’s, host or network, including, without limitation, by means of submitting malicious software or computer code to Allpass.ai, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”;
|
| - Do not use or access any services, software in order to build a competitive product, service or solution;
|
| - Use all reasonable endeavors, to ensure that no unauthorized person may gain access to Allpass.ai;
|
| - Use all reasonable endeavors to prevent any unauthorized access to, or use of, Allpass.ai by any unauthorized third parties and, in the event of any such unauthorized access or use, promptly notify the Provider.
|
| 4.4. The Business User has the right to carry out any actions related to the functioning of the Allpass.ai in accordance with its purpose stated hereto. |
| 4.5. More rights and obligations of the parties are provided in the text of this document. |
| |
| 5. **Content on Allpass.ai** |
| |
| 5.1. Unless otherwise specified or clearly recognizable, all content available to the Business User on Allpass.ai is Business User Content and End User Content. All content related to Allpass.ai usage, the Services rendering, and/or that does not directly belong to Business User or End User, belongs to the Provider, its licensors or other affiliated persons. |
| 5.2. Where explicitly stated on Allpass.ai, the Business User may download, copy and/or share some Provider’s content available through Allpass.ai for its non-commercial use and provided that the copyright attributions and all the other attributions requested by the Provider are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected. |
| 5.3. Business User Content. The Provider allows Business Users to upload, share or provide their own content to Allpass.ai (“Business User Content”). Such Business User Content belongs to Business User. By providing Business User Сontent to Allpass.ai, Business Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights. |
| Business User Content includes but is not limited to additional information or documents of End User obtained not through WebSDK , Business User personal or corporate data, Authorized Persons personal data, Business User banking details, etc. |
| The Provider requires the consent of the Business User to perform actions such as hosting the Business User’s content, creating backups, and sharing such content at the request of the Business User. The Services also include functionalities such as sharing, organizing, editing, and deleting Business User Content. For the purpose of providing these and related functionalities, the Provider may access and store Business User Content. By accepting these Terms of Service, the Business User grants the Provider such permission, which shall also extend to the Provider’s affiliates and trusted third-party partners engaged by the Provider. |
| 5.4.End User Content. When End Users use Allpass.ai through the application of the Business User, they upload to Allpass.ai their personal data, documents, images and biometric data (including facial data), and other information (“End User Content”). Such End User Content remains the property of the End User. |
| If the Business User chooses to store and process End User Content of its Consumers on the Platform, the Provider shall make available functionalities such as sharing, organization, editing, and deletion of such End User Content. For the purpose of providing these and related functionalities, the Provider may access and store End User Content of the Business User’s Consumers on behalf of the Business User. |
| The right to process End User Content of the Business User’s Consumers through Allpass.ai is limited to the Provider, the Provider’s affiliates and trusted third-party partners engaged by the Provider, as well as the Business User’s Authorized Person(s). |
| As the controller of the End User Content of its Consumers, the Business User is responsible for obtaining the End Users’ consent to the processing and storage of their personal data. |
| 5.5. Rights regarding Business User Content. Business Users acknowledge and accept that by providing their Business User Content on Allpass.ai they grant the Provider a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Allpass.ai. |
| 5.6. Liability for provided content. Business Users are solely liable for any Business User Content they upload, post, share, or provide through Allpass.ai. Business Users acknowledge and accept that the Provider does not filter or moderate Business User Content nor End User Content. The Provider is not responsible for the Business User Content nor End User Content. If the Provider becomes aware of non-compliance of the Business User Content or End User Content with the requirements of this document, violation of the law or violation of the rights of third parties, the Provider will send the Business User a request to remove or update such content in a reasonable period of time. |
| However, the Provider reserves the right to remove, delete, block or rectify on notice any Business User Content or End User Content of its Consumers at its own discretion and to, without prior notice, deny the uploading Business User access to Allpass.ai: |
| - if any complaint based on such content is received with regard to its illegality or harmful nature;
|
| - if a notice of infringement of Intellectual Property Rights is received;
|
| - upon order of a public authority or court; or
|
| - where the Provider is made aware that the content, while being accessible via Allpass.ai, may represent a risk for Business Users or its Consumers, third parties and/or the availability of Allpass.ai or violate applicable laws or regulations.
|
| 5.7. The removal, deletion, blocking or rectification of any Business User Content or its Consumers’ End User Content shall not entitle Business Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. |
| 5.8. Business Users agree to hold the Provider harmless from and against any claim asserted and/or damage suffered due to their Consumers’ End User Content and \ or content they provided to or provided through Allpass.ai. |
|
|
| 6. Payment |
| 6.1. The Services provided on Allpass.ai are subscription-based. The fees, duration, and conditions applicable to the purchase of such Services are described in the dedicated sections of your Account or in an additional agreement. The characteristics of the chosen Services will be outlined during the purchasing process or can be found on Allpass.ai website or in the additional agreement. |
| 6.2. Prices, descriptions or availability of Services are outlined in the respective sections of Allpass.ai or in the additional agreements between the Business User and the Provider.l agreements between you and the Provider, and are subject to change only with previous notice. |
| 6.3. Subscription plans are as follows:
• Startup Plan: priced at $199.00 prepaid for two months.
• Growth Plan: priced at $499.00 prepaid for two months.
• Scale Plan: custom pricing and payment conditions are negotiated on a case-by-case basis..
|
| 6.4. For the Startup and Growth plans, payment is made as a prepayment for a two-month period. Services used during this period are deducted from the prepaid balance at the rates specified in the plan. If the Business User does not use all the credits during a two-month period, the unused balance expires and does not carry over to the next period. If the Business User exceeds the prepaid balance during a two-month period, unpaid services will be charged at the rate according to the selected plan and will be included in the next invoice.
For the Scale plan, payment terms are customized and agreed upon separately in the additional agreement between the Business User and the Provider.
|
| 6.5 Payments can be made via wire bank transfer according to the Provider’s bank details or through automatic debiting from the Business User’s bank card. Some payment methods may only be available subject to additional conditions or fees, as detailed in the dedicated section of Allpass.ai or Business User’s Account. |
| 6.6. Customization services. The Provider can provide to the Business Users additional Services related to WebSDK customization. Such services shall be paid separately from payment for access to the Allpass.ai under additional invoices. |
| 6.7. Subject to paragraph 12.9, to the maximum extent permitted by applicable laws, The Provider reserves the right to change the prices for the Services at any time. The Business User will be provided with a reasonable notice of any such pricing changes by means of email notification. |
| |
| 7. **Liability and Indemnification** |
| |
| 7.1. Indemnification. The Business User agrees to indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to reasonable and documented lawyers’ fees and costs — made by any third party due to or in relation with any culpable use of or connection to Allpass.ai, violation of these Terms of Service, infringement of any third-party rights or statutory provision by the Business User or its Authorized Persons to the extent allowed by applicable law. |
| 7.2. The Business User agrees to defend, indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, reasonable and documented legal fees and expenses, arising from: |
| - Business User’s use of and access to Allpass.ai, including any data or content (including End User Content of its Consumers) transmitted or received by such Business User;
|
| - Business User’s violation of these Terms of Service, including, but not limited to, Business User’s breach of any of the representations and warranties set forth in these Terms of Service;
|
| - Business User’s violation of any third-party rights, including, but not limited to, any right of privacy or Intellectual Property Rights;
|
| - Business User’s violation of any statutory law, rule, or regulation;
|
| - any content that is submitted from Business User’s Account, including third party access with Business User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
|
| - Business User or its Authorized Person’s wilful misconduct; or
|
| - statutory provision by Business User or its Authorized Persons to the extent allowed by applicable law.
|
| 7.3. Limitation of liability. Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Business Users shall have no right to claim damages against the Provider (or any natural or legal person acting on its behalf). |
| This does not apply to damages to life, health or physical integrity of Business User’s Authorized Persons or Consumers, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Allpass.ai has been appropriately and correctly used by the Business User and any natural person acting on its behalf. Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Provider shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into. |
| 7.4. In particular, within the limits stated above, to the maximum extent permitted by applicable law, in no event shall the Provider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for: |
| - any loss of business opportunities and any other loss, even indirect, that may be incurred by the Business User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.), any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Allpass.ai;
|
| - damages or losses resulting from interruptions or malfunctions of Allpass.ai due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Provider, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Allpass.ai or Business User Account or the information contained therein;
|
| - any losses that are not the direct consequence of a breach of the Terms of Service by the Provider;
|
| - any errors, mistakes, or inaccuracies of content;
|
| - property damage, of any nature whatsoever, resulting from Business User access to or use of the Allpass.ai;
|
| - any unauthorized access to or use of the Provider’s secure servers and/or any and all content (including End User Content) stored therein;
|
| - any interruption or cessation of transmission to or from Allpass.ai;
|
| - any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Allpass.ai;
|
| - any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Allpass.ai; and/or
|
| - the defamatory, offensive, or illegal conduct of any Business User or third party (excluding Provider’s affiliates, officers, directors, agents, co-branders, partners, suppliers and employees).
In no event shall the Provider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by Business User to the Provider hereunder in the preceding 12 months, or the period of duration of this agreement between the Provider and Business User, whichever is shorter.
|
| 7.5. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Provider or \ and Business User has been advised of the possibility of such damage. |
| 7.6. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to Business Users. The Terms of Service give to Business User specific legal rights, and Business Users may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms of Service shall not apply to the extent prohibited by applicable law. |
| |
| 8. **Disclaimer of Warranties** |
| |
| 8.1. Allpass.ai is provided strictly on an “as is” and “as available” basis. Use of Allpass.ai at Business User’s own risk. To the maximum extent permitted by applicable law, the Provider expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by Business User from Provider or through the Services will create any warranty not expressly stated herein. |
| 8.2. Without limiting the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content of Allpass.ai is accurate, reliable or correct; that Allpass.ai will meet Business User’s requirements; that Allpass.ai will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Allpass.ai is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of Allpass.ai shall be obtained at the sole risk of the Business User, and the Business User shall be solely responsible for any damage to its computer systems or mobile devices, as well as any loss of data, resulting from such download or from the use of Allpass.ai. |
| 8.3. The Provider does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Allpass.ai or any hyperlinked website or service, and the Provider shall not be a party to or in any way monitor any transaction between Business Users and third-party providers of products or services. |
| 8.4. Allpass.ai may become inaccessible or it may not function properly with the Business User’s Authorized Persons’ web browser, mobile device, and/or operating system. The Provider cannot be held liable for any perceived or actual damages arising from Allpass.ai content, operation, or use of Allpass.ai. |
| 8.5. For the Business Users from the USA: Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to such Business Users. This document gives Business Users specific legal rights, and Business Users may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms of Service shall not apply to the extent prohibited by applicable law. |
|
|
| 9. **Intellectual property rights** |
|
|
| 9.1. Without prejudice to any more specific provision of these Terms of Service, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Allpass.ai are the exclusive property of the Provider or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. |
| All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Allpass.ai are, and remain, the exclusive property of the Provider or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. |
| 9.2. Except as expressly stated herein, these Terms of Service do not grant the Business User any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of Allpass.ai. |
| 9.3. The Provider confirms that it has all the rights in relation to Allpass.ai that are necessary to grant all the rights the Provider purports to grant under, and in accordance with these Terms of Service. |
| 9.4.If the Business User believes that the Provider’s content infringes copyright or trademark under U.S. law or any other applicable national law, the Business User shall notify the Provider immediately using the contact information provided herein. The Provider’s policy is to investigate any allegations of infringement brought to its attention. |
| 9.5. If the Business User believes that the End User Content of its Consumers infringes any rights of third parties, the Business User shall be obliged to notify the respective End User without delay and to investigate the matter. |
| 9.6. The Provider holds and reserves all Intellectual Property Rights for its content on Allpass.ai and for Allpass.ai. |
| 9.6.1. Business Users may not therefore use Provider’s content in any way that is not necessary or implicit in the proper use of Allpass.ai. In particular, but without limitation, Business Users and their affiliates may not copy, download, share (beyond the limits set forth in these Terms of Service), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Provider’s content available on Allpass.ai, nor allow any third party to do so through the Business User or their devices, even without the Business User or its Authorized Person’s knowledge. |
| 9.6.2. Neither Business Users nor their Authorized Persons may not distribute (copy), publish Allpass.ai or any parts thereof; disclose information of its Account and other data in connection with Allpass.ai and these Terms of Service; attempt to access or derive the source code or architecture of Allpass.ai or any part of it; use Allpass.ai in any way that causes, or may cause, damage to Allpass.ai or impairment of the availability or accessibility of Allpass.ai; attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of Allpass.ai; attempt to probe, scan or test the vulnerability of Allpass.ai, or any associated system or network, or to breach any security or authentication feature or measures of Allpass.ai; use Allpass.ai in any way that is unlawful, illegal, fraudulent or harmful; use the Allpass.ai in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; interfere or attempt to interfere with Allpass.ai, host or network, including, without limitation, by means of submitting malicious software or computer code to Allpass.ai or any part of it, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”; use or access any services, software in order to build a competitive product, service or solution. |
| |
| 10. **Logo use** |
| 10.1. The Provider hereby grants to the Business User limited, non-exclusive, non-transferable, non-sublicensable, royalty-free and revocable license to use its logo “Allpass.ai” for the limited purposes subject to the terms and conditions of this document. |
| 10.2. The Business User is not permitted to make any changes to the Provider’s logo, including, but not limited to: |
| - Distort the logo by scaling disproportionally;
|
| - Adjust the colors of or add gradients to the logo;
|
| |
| - Reconfigure the logo or add embellishments like drop shadows;
|
| |
| - Size the logo so small that it is not readable;
|
| - Manipulate or alter the logo in any other way.
|
| 10.3. The Business User agrees not to challenge or assist others to challenge the Provider’s logo (except to the extent such restriction is prohibited by applicable law), and the Business User agrees not to register or attempt to register any domain names, trademarks, trade names, or other distinctive brand features that are confusingly similar to those of the Provider. |
| 10.4. The Provider reserves the right in its sole discretion to terminate or modify the Business User’s permission to display the Provider’s logo and to take action against any use that does not conform to the terms and conditions set forth herein, infringes any Provider’s intellectual property or other right, or violates applicable law. Any use of the Provider’s logo without its prior written permission, other than as specifically authorized by these Terms of Service, is strictly prohibited. |
|
|
| 11. **Data Processing** |
| 11.1 The Provider processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation - “GDPR”), the terms and conditions specified herein and the Privacy Policy. |
| 11.2 The Provider shall not use personal data for any purpose other than as set out in this document and the Privacy Policy. The Provider collects and processes the information that is contained in Business Users’ Accounts and that is transmitted through the Platform solely for the purpose of providing the Business User with the services of using the Allpass.ai. |
| 11.3. TThe Business User warrants to the Provider that the Business User Content will not infringe the Intellectual Property Rights, data and personal data protection rules or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law. |
| 11.4. If the Business User chooses to process the End User’s Content on the Platform, only the Provider, its affiliates and trusted third parties, and Business User’s Authorized Persons have the right to process the End User Content of Business User’s Consumers using the Platform. |
| 11.5. The Provider shall process the Business User Content with no time limits, subject to the other provisions of this section. |
| 11.6. Notwithstanding any other provision of these Terms of Service, the Provider may process the Business User Content and End User Content the Provider has access to, if and to the extent that the Provider is required to do so by applicable law. In such a case, the Provider shall inform the Business User of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest. |
| 11.7. The Provider may engage a third party to process the Business User Content, ensuring that such sub-processors comply with the requirements of GDPR or other applicable data processing rules with respect to the issues of Business User Content protection and general data security. The Provider shall inform the Business User within the reasonable term of any intended changes concerning the addition or replacement of any third-party processor, and if the Business User objects to any such changes before their implementation, then the Business User may terminate its Account. The Provider shall ensure that each third-party processor is subject to equivalent legal obligations as those imposed on the Provider by this section. |
| 11.8. Data subjects under this document are: |
| - The Business User and its Authorized Persons;
|
| |
| 11.9. The Provider shall establish the security of data processing. The measures to be taken are measures of data security and measures that guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems. |
| 11.10. If the Business user chooses to store and process End User Content of its Consumers on the Platform, the Provider will be the processor of such data with respect to GDPR, and the Data Processing Agreement has to be signed between the Business User and the Provider. |
| |
| 12. Common provisions |
| 12.1. No Waiver. The Provider’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term. |
| 12.2. Service interruption and termination. To ensure the best possible Services level, the Provider reserves the right from time to time to modify, alternate or change design, functionality or information contained on Allpass.ai informing the Business Users appropriately, but at least with a one (1) business day prior notice. |
| Within the limits of law, the Provider may also decide to suspend or terminate Allpass.ai altogether. If Allpass.ai is terminated, the Provider will cooperate with Business Users to enable them to withdraw their Business User Content and their Consumers’ End User Content in accordance with applicable law. |
| Additionally, Allpass.ai might not be available due to reasons outside the Provider’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc). |
| The Provider reserves the right to terminate the provision of Services, or any part of Services, to the Business User with a 30-day prior notice. |
| 12.3. Service reselling. Business Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Allpass.ai and of its Services without the Provider’s express prior written permission, granted either directly or through a legitimate reselling programme. |
| 12.4. Privacy policy. To learn more about the data processing by Allpass.ai, you may refer to the Privacy Policy of Allpass.ai. |
| 12.5. Access to external resources. Through Allpass.ai Business Users may have access to external resources provided by third parties. Business Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability. |
| Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law. |
| 12.6. Assignment of contract. The Provider reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms of Service, taking the Business User’s legitimate interests into account. Provisions regarding changes of these Terms of Service will apply accordingly. Business Users may not assign or transfer their rights or obligations under these Terms of Service in any way, without the written permission of the Provider. |
| 12.7. Any notice provided by the Provider to the Business User via email, regular mail, or notices or links displayed in connection with Allpass.ai shall constitute valid notice under these Terms of Service. The Provider shall not be responsible for any failure by the Business User to receive such notice in the event that the email is quarantined by the Business User’s email security system (including placement in “junk” or “spam” folders) or if the Business User fails to update its email address. Notice shall be deemed received forty-eight (48) hours after transmission if sent by email or regular mail. In the event that notice is provided through links displayed in connection with Allpass.ai, such notice shall be deemed received twenty-four (24) hours after it is first displayed. |
| 12.8. These Terms of Service constitute the entire agreement between the Business User and the Provider with regard to the Services rendering and supersedes any and all prior negotiations, representations and agreements, whether written or oral, made between the Business User and the Provider. Additional agreement may be signed as an addition to this document. |
| 12.9. Changes to these Terms of Service. The Provider reserves the right to amend or otherwise modify these Terms of Service at any time. In such cases, we will appropriately inform the Business User of these changes with reasonable prior notice and where such changes relate to the fees paid for the Service, the Business User shall be notified at least one month in advance. |
| The continued use of Allpass.ai will signify the Business User’s acceptance of the revised Terms of Service. Failure to accept the revised Terms of Service, may entitle the Provider to terminate the Services rendering in accordance with this document. |
| The applicable previous version will govern the relationship prior to the Business User's acceptance. The Business User can obtain any previous version from the Provider. If required by applicable law, the Provider will specify the date by which the modified Terms of Service will enter into force. |
| The provisions of this document might be changed or supplemented by written additional agreement between Business User and the Provider, which has supreme legal force in relation to these Terms of Service. |
| 12.10. Severability. Should any provision of these Terms of Service be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. |
| US Business Users. Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms of Service constitute the entire agreement between Business Users and the Provider with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms of Service will be enforced to the fullest extent permitted by law. |
| EU Business Users. Should any provision of these Terms of Service be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. |
| In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. |
| Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms of Service shall not nullify the entire agreement, unless the severed provisions are essential to the agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties. |
| 12.11. Governing law. These Terms of Service are governed by the law of the Republic of Estonia, without regard to conflict of laws principles. |
| 12.12. Amicable dispute resolution. Business Users may bring any disputes to the Provider who will try to resolve them amicably. |
| While Business User’s right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Allpass.ai or the Service, Business Users are kindly asked to contact the Provider at the contact details provided in this document. |
| The Business User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or Account, to the Provider’s email address specified in this document. |
| The Provider will process the complaint without undue delay and within 10 calendar days of receiving it. |
| 12.13. Venue of jurisdiction. The exclusive competence to decide on any controversy resulting from or connected to these Terms of Service lies with the courts of the Republic of Estonia. |
| 12.14. Contacts and Support. All communications relating to the use of Allpass.ai must be sent using (1) the contact information of your Allpass.ai manager, (2) the Allpass.ai support email address: (3) to the legal address of the Provider, or (4) using the online chat with our support team in your Account on the Platform. |
| Additional contact information you can find on our website - [https://Allpass.ai/](https://allpass.ai/). |
|
|
# Version 2.0 - June, 2026
Posted on: May 15, 2026
These Terms of Service govern the use of Allpass.ai by Business Users and legal relationship with the Provider in a legally binding way.
YOUR CHOICE TO USE ALLPASS.AI OR MAINTAIN AN ACCOUNT CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE AND ACKNOWLEDGEMENT TO OUR PRIVACY POLICY. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF SERVICE OR PRIVACY POLICY, PLEASE RESTRAIN FROM USING ALLPASS.AI. Acceptance of these Terms of Service can be done by (1) clicking the box indicating acceptance when registering an Account on the Platform, or (2) by providing written consent to accept these Terms of Service. Both options have the same legal effect.
## 1. Definitions and legal references
**Allpass.ai** means software that enables the provision of the Services, embedding a range of features to facilitate identity verification, liveness detection and face matching, databases screening and monitoring, data management, transaction monitoring and wallet screening that includes AML risk scoring and Forensic Investigations.
**AML risk scoring** means a process for evaluating the risk associated with cryptocurrency transactions using automated scoring models
**Account** means an account of the Business User (1) on the Platform enabling an Authorized Person to access and use the Platform.
**Authorized Person(s)** mean affiliates, officers, directors, agents, co-branders, partners, representatives and/or employees of the Business User who access and use Allpass.ai on behalf of the Business User.
**Business User** indicates a legal entity using Allpass.ai for its own business activity according to these Terms of Service. When the individual is accepting these Terms of Service on behalf of Business User, such individual represents and warrants that: (i) he\she has full legal authority to bind Business User to these Terms of Service; (ii) he\she has read and understood these Terms of Service; and (iii) he\she agrees to these Terms of Service on behalf of the Business User that he\she represents.
**End User (or Consumer)** means any client or potential client of the Business User qualifying as a natural person or legal entity who accesses the software WebSDK of Allpass.ai for the purpose of identification, verification and/or KYC procedure performance.
**Forensic Investigations** mean specialized investigations of blockchain and cryptocurrency transactions aimed at fraud detection and asset recovery.
**Intellectual Property** means without any limitation, any software (including, without limitation, any object code or source code), mathematical formulae or algorithms, mathematical simulations, libraries, programs, documentation, data, manuals, graphics, text, multimedia, methods, processes and designs, content concepts, know-how and other confidential technical and business information or Intellectual Property Rights of any type or modifications or improvements to or derivative works based on any of the foregoing whether or not protectable by patent, copyright, trademark, trade secret or other applicable IP law.
**Intellectual Property Rights** means all intellectual property rights wherever in the world, whether registrable or non-registrable, registered or unregistered, including any application or right of application for such rights including but not limited to copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs.
**KYC procedure** means a set of methods and questionnaires set up for identification, verification, onboarding and screening of the End Users, which Business Users carry out through Allpass.ai, including liveness detection, facematching, document scan, anti-money laundering screening and ongoing monitoring, questionnaires, phone verification, email verification and other methods.
**Platform** means the technological infrastructure including software which facilitates the delivery of Services to the Business User.
**Private Application Key** means private API keys that the Business User can find in its Account on the Platform. Access Keys should be used to integrate Allpass.ai into the application of the Business User.
**Provider** indicates elKYC OÜ, the legal entity that provides Allpass.ai or any part of it and/or the Services to Business Users as stated in these Terms of Service.
**Services** mean (1) the provision of the access to the Allpass.ai or any part of it, (2) the provision of KYC procedure by the Provider to Business Users as described in these Terms of Service, (3) provision of transaction monitoring services, including AML risk scoring and forensic investigations, and/or (4) the additional services of customization of WebSDK for Business User needs.
**Terms of Service** means this document, applicable to the Business Users as described herein and as updated. The document might include specific additional bilateral agreements entered by Business Users with the Provider as needed.
**Website** means a set of integrated hardware and software and technical facilities, which is owned by the Provider and located at: . The Business User can register the Account on the Website and use the Service through it.
More definitions provided in the Terms of Service below.
## 2. Information about Allpass.ai
2.1. Allpass.ai is provided on a SaaS basis and offers tools, features and capabilities for quick, secure and intuitive onboarding process and verification of Consumers for Business Users, as well as monitoring of transactions of Consumers for Business Users, including AML scoring and Forensic Investigations. Access to Allpass.ai is provided through the website.
2.2. The Business User can either perform consumer KYC and transaction monitoring procedures through Allpass.ai or work with End User Content through its account on the Platform.
2.3. Allpass.ai can be used fully or partially. The use of all parts of the Allpass.ai is not mandatory, some parts or functions are optional.
2.4. Allpass.ai is intended only for Business Users. Please note that the Consumers can use Allpass.ai only in connection with their relationship with the Business Users.
2.5. **Usage of Allpass.ai** or its parts and the Services are age restricted: the Business Users accept that to access and use Allpass.ai and Services the End User must be an adult under applicable law. Minors may access Allpass.ai and use its Services only under parental or legal guardian supervision and admission.
2.6. **Territorial Restrictions.** Allpass.ai or its parts and the Services must not be used by the Business User on the territory of Russia, Belarus, and any jurisdiction currently listed on the Financial Action Task Force (FATF) list as High-Risk Jurisdictions subject to a Call for Action.
2.7. **Acceptable use.** Allpass.ai or its parts and the Services may only be used within the scope of what they are provided for, under these Terms of Service and applicable law, namely: End User identification, verification and/or KYC procedure performance, as well as transaction monitoring and wallet screening. Business Users are solely responsible for making sure that their use of Allpass.ai and/or the Services does not violate any applicable law, regulations or third-party rights.
Therefore, the Provider reserves the right to take any appropriate measure to protect its legitimate interests including by denying Business Users access to Allpass.ai, any part of it or the Services, terminating contracts, reporting any misconduct performed through Allpass.ai or the Services to the competent authorities – such as judicial or administrative authorities - whenever Business Users engage or are suspected to engage in any of the following activities:
* violate laws, regulations and/or these Terms of Service;
* infringe any third-party rights;
* considerably impair the Provider’s legitimate interests;
* offend the Provider or any third party;
* scams and fraudulent activities;
* deliberate misrepresentation of the Allpass.ai.
2.8. All obligations to not violate the provisions of these Terms of Service are referred to Authorized Persons in the same way as to the Business User they represent.
2.9. In consideration for the Business User’s consent to follow the Terms of Service the Provider grants to the Business User a non-transferable, non-exclusive, worldwide license with above-mentioned territorial restrinctions to use Allpass.ai or any part of it (including the design of it) only in order for End Users to pass KYC procedure and transaction monitoring for the Business User's business purposes. No other license is granted. Neither the Business User nor their Authorized Persons may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, decompile, disassemble, create derivative works from, transfer, or sell any information from Allpass.ai, that belong to the Provider, its licensor or other affiliates, without the Provider’s direct prior written consent.
## 3. Service rendering process, аccount registration and termination
3.1. Unless otherwise specified, the terms of Services rendering detailed in this section apply generally when using Allpass.ai by Business Users. Detailed specification of the Services functionalities and procedures can be found at: .
3.2. Single or additional conditions of Services rendering may apply in specific scenarios and in such cases are additionally indicated within this document or additional documents.
3.3. The process of Services rendering:
a) The Business User should accept these Terms of Service and register an Account on the Platform (Workspace) at ;
b) The Business User should complete the registration process and verify its email address and/or phone number. Upon completion, the Business User may sign in to the Platform at and gain access to the workspace and test verifications;
c) On the Platform, the Business User may access the Applications section at , where a Demo application for testing services will be created by default. The Business User may create separate applications for each of its products. Within each application, the Business User shall find Private and Crypto Keys for direct integration with the Platform. In this section, the Business User may also configure a Webhook URL;
d) The Business User must configure the workflow for End Users in the Workflows section at . Within this section, the Business User may select the required services with flexible settings and defined sequences, as well as customize the user interface design of the verification process for End Users. \
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e) The Business User must use its Private and Crypto Keys to utilize the Allpass.ai Public API and Allpass.ai Webhooks. For verification process integration, Allpass.ai offers the following options: \
\- WebSDK for direct integration into the Business User’s application. \
\- Redirect end users to the verification process on Allpass.ai.
f) The Business User may process End User Content using its Account on the Allpass.ai Platform for its purposes. To fully work with End User content, the Business User shall use the Verifications/Applicants section at \
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g) The Business User may invite additional users to its workspace in the My Team/Invites section at , after setting the necessary access rights in the My Team/Role Management section at
h) The Business User may upload and download End User Content; upload and download results of all checks and utilized services; upload and download additional information including history, logs, manager comments, and media data of the End User; delete and/or update End User Content, etc.
3.4. The WebSDK accepts an AccessToken, which must be pre-generated using the Allpass.ai Public API for a specific end user, where the End User can undergo the KYC procedure by uploading End User Content specified in the Workflow at
3.5. On the Platform, the Business User may use Business User Accounts to: upload and download End User Content; upload and download results of all checks and utilized services; upload and download additional information including history, logs, manager comments, and media data of the End User; delete and/or update End User Content, etc.
3.6. Using the WebSDK or verification process does not require end user registration on the Allpass.ai Platform. Its purpose is to simplify and accelerate the verification and onboarding process of end consumers for Business Users.
3.7. By registering the Account, the Business User agrees to be fully responsible for all activities that occur under its login and password, including but not limited to all activities of Business User’s Authorized Persons.
The Business User is required to immediately and unambiguously inform the Provider, using the contact details indicated in this document, if the Business User believes that its information, including but not limited to Access Keys or Account credentials, has been leaked, unduly disclosed, or stolen.
3.8 Business Users can terminate their Accounts and stop using Allpass.ai at any time by using the tools provided for Account termination on Allpass.ai or by sending an Account termination request to the Provider using contact information specified in this document.
The suspension or deletion of the Accounts due to causes attributable to the Business User shall not release the Business User from the obligation to settle any fees or payments accrued and outstanding prior to suspension or deletion.
3.9. The software and the design of verification process can be customized in accordance with the Business User’s requirements within the scope of the Services. To establish the KYC procedure in the WebSDK, the Business User shall configure its account settings on the Platform in the Workflows section at and incorporate the necessary stages of verification and compliance assessment in order to maximize End User convenience while ensuring the required level of verification reliability.
3.10. Allpass.ai provides services for the storage and processing of End User Content (personal data) of the Business User’s consumers. The Provider will act as the processor of such data in accordance with GDPR, while the Business User, through its Account on the Platform, may access and work with such End User Content. The Business User shall be deemed the controller of the End User Content of its Consumers in accordance with the GDPR.
## 4. Rights and Obligations
4.1. The Provider undertakes:
Organize and ensure the proper functioning of Allpass.ai.
Process all End User Content and/or Business User Content solely in connection with the operation and improvement of Allpass.ai, and shall not transfer or disclose such information to unauthorized third parties.
To provide relevant, timely and sufficient support service.
4.2. The Provider has the right:
a) to receive from the Business User all the data necessary to fulfill its obligations hereunder.
b) to block or delete the Business User's Account in case of violation of these Terms of Service;
c) unilaterally change these Terms of Service.
4.3. The Business User is obliged to:
a) Use Allpass.ai or any part of it only within the limits of those rights and in the ways provided for in the Terms of Service;
b) Refrain from distribution (copying), publication of Allpass.ai or any parts thereof;
c) Refrain from any use of Allpass.ai or its parts by any third parties;
d) Provide the Provider with the consent to the Terms of Service and Privacy Policy by (1) clicking the box indicating acceptance when registering an Account in the Application or on the Platform, or (2) by providing written consent to accept these Terms of Service;
e) Refrain of attempts to access or derive the source code or architecture of the Allpass.ai or any part of it;
f) Do not use Allpass.ai in any way that causes, or may cause, damage to Allpass.ai or impairment of the availability or accessibility of Allpass.ai;
g) Refrain of attempts to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of Allpass.ai;
h) Refrain of attempts to probe, scan or test the vulnerability of Allpass.ai, or any associated system or network, or to breach any security or authentication feature or measures of Allpass.ai;
i) Do not use Allpass.ai in any way that is unlawful, illegal, fraudulent or harmful;
j) Do not use Allpass.ai in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
k) Do not interfere or attempt to interfere with Allpass.ai to any Business User’s or End User’s, host or network, including, without limitation, by means of submitting malicious software or computer code to Allpass.ai, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”;
l) Do not use or access any services, software in order to build a competitive product, service or solution;
m) Use all reasonable endeavors to ensure that no unauthorized person may gain access to Allpass.ai;
n) Use all reasonable endeavors to prevent any unauthorized access to, or use of, Allpass.ai by any unauthorized third parties and, in the event of any such unauthorized access or use, promptly notify the Provider.
4.4. The Business User has the right to carry out any actions related to the functioning of the Allpass.ai in accordance with its purpose stated hereto.
4.5. More rights and obligations of the parties are provided in the text of this document.
## 5. Content on Allpass.ai
5.1. Unless otherwise specified or clearly recogniable, all content available to the Business User on Allpass.ai is Business User Content and End User Content. All content related to Allpass.ai usage, the Services rendering, and/or that does not directly belong to Business User or End User, belongs to the Provider, its licensors or other affiliated persons.
5.2. Where explicitly stated on Allpass.ai, the Business User may download, copy and/or share some Provider’s content available through Allpass.ai for its non-commercial use and provided that the copyright attributions and all the other attributions requested by the Provider are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.
5.3. Business User Content. The Provider allows Business Users to upload, share or provide their own content to Allpass.ai (“Business User Content”). Such Business User Content belongs to Business User. By providing Business User Сontent to Allpass.ai, Business Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Business User Content includes but is not limited to additional information or documents of End User obtained not through WebSDK , Business User personal or corporate data, Authorized Persons personal data, Business User banking details, etc.
The Provider requires the consent of the Business User to perform actions such as hosting the Business User’s content, creating backups, and sharing such content at the request of the Business User. The Services also include functionalities such as sharing, organizing, editing, and deleting Business User Content. For the purpose of providing these and related functionalities, the Provider may access and store Business User Content. By accepting these Terms of Service, the Business User grants the Provider such permission, which shall also extend to the Provider’s affiliates and trusted third-party partners engaged by the Provider.
5.4. End User Content. When End Users use Allpass.ai through the application of the Business User, they upload to Allpass.ai their personal data, documents, images and biometric data (including facial data), and other information (“End User Content”). Such End User Content remains the property of the End User.
If the Business User chooses to store and process End User Content of its Consumers on the Platform, the Provider shall make available functionalities such as sharing, organization, editing, and deletion of such End User Content. For the purpose of providing these and related functionalities, the Provider may access and store End User Content of the Business User’s Consumers on behalf of the Business User.
The right to process End User Content of the Business User’s Consumers through Allpass.ai is limited to the Provider, the Provider’s affiliates and trusted third-party partners engaged by the Provider, as well as the Business User’s Authorized Person(s).
As the controller of the End User Content of its Consumers, the Business User is responsible for obtaining the End Users’ consent to the processing and storage of their personal data.
5.5. Rights regarding Business User Content. Business Users acknowledge and accept that by providing their Business User Content on Allpass.ai they grant the Provider a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Allpass.ai.
5.6. Liability for provided content. Business Users are solely liable for any Business User Content they upload, post, share, or provide through Allpass.ai. Business Users acknowledge and accept that the Provider does not filter or moderate Business User Content nor End User Content. The Provider is not responsible for the Business User Content nor End User Content. If the Provider becomes aware of non-compliance of the Business User Content or End User Content with the requirements of this document, violation of the law or violation of the rights of third parties, the Provider will send the Business User a request to remove or update such content in a reasonable period of time.
However, the Provider reserves the right to remove, delete, block or rectify on notice any Business User Content or End User Content of its Consumers at its own discretion and to, without prior notice, deny the uploading Business User access to Allpass.ai:
* if any complaint based on such content is received with regard to its illegality or harmful nature;
* if a notice of infringement of Intellectual Property Rights is received;
* upon order of a public authority or court; or
* where the Provider is made aware that the content, while being accessible via Allpass.ai, may represent a risk for Business Users or its Consumers, third parties and/or the availability of Allpass.ai or violate applicable laws or regulations.
5.7. The removal, deletion, blocking or rectification of any Business User Content or its Consumers’ End User Content shall not entitle Business Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
5.8. Business Users agree to hold the Provider harmless from and against any claim asserted and/or damage suffered due to their Consumers’ End User Content and \ or content they provided to or provided through Allpass.ai.
## 6. Payment
6.1. Definitions. For the purposes of this Section: \
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(a) **“Account Balance”** means the total amount of prepaid funds available in the Client’s account for the use of the Services. \
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(b) **“Minimum Monthly Commitment”** means the minimum required billable usage amount applicable to a subscription plan for each billing month. \
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(c) **“Top-Up”** means any additional prepaid funds added by the Client to the Account Balance. \
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(d) **“Billing Month”** means the recurring monthly billing period starting on the subscription activation date or its monthly anniversary. \
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6.2. **Prepaid Model.** The Services are provided strictly on a prepaid and usage-based basis. The Client must maintain a positive Account Balance in order to use the Services. No postpaid billing or credit-based usage is permitted. \
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6.3. **Pricing and Deduction of Funds.** The Client is charged solely for services actually used, in accordance with the unit prices defined in the applicable pricing plan, as published on the pricing page within the Platform or on the Provider’s website (as updated from time to time). Charges for services used are deducted from the Account Balance in real time or near real time. \
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6.4. **Minimum Monthly Commitment.** Each subscription plan includes a mandatory Minimum Monthly Commitment. The Minimum Monthly Commitment represents the minimum billable usage per Billing Month, regardless of actual consumption. It is not a subscription fee, but a required minimum level of monthly usage. \
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6.5. **Monthly Balance Requirement.** At the beginning of each Billing Month, the Client must maintain an Account Balance equal to or greater than the applicable Minimum Monthly Commitment. If the Account Balance is below the required amount, the Provider may issue an automatic payment request or invoice, and the Client must replenish the Account Balance to at least the Minimum Monthly Commitment to maintain full access to the Services. \
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6.6. **Use of Funds and Monthly Treatment.** \
(a) All funds paid by the Client, including amounts applied toward the Minimum Monthly Commitment and any Top-Ups, are stored in a single Account Balance. There is no distinction between commitment funds and Top-Ups during usage. \
(b) If the Client’s total usage during a Billing Month is lower than the Minimum Monthly Commitment, the full Minimum Monthly Commitment remains due for that month. Any unused portion of the Minimum Monthly Commitment expires at the end of the relevant Billing Month and does not roll over. \
(c) If usage exceeds the Minimum Monthly Commitment, additional charges are deducted from the available Account Balance. \
(d) At the end of each Billing Month, the applicable Minimum Monthly Commitment is deemed fully consumed for that month irrespective of actual usage. Any Account Balance exceeding the Minimum Monthly Commitment constitutes prepaid funds beyond the monthly commitment and rolls over to subsequent Billing Months, provided the subscription remains active. \
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6.7. **Top-Ups.** The Client may add Top-Ups to the Account Balance at any time, subject to a minimum Top-Up amount of USD $20 (unless otherwise specified). Top-Ups are not tied to a specific Billing Month and roll over indefinitely while the subscription remains active. Top-Ups are automatically applied to usage exceeding the Minimum Monthly Commitment. \
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6.8. **Insufficient Balance and Suspension.** If the Client fails to maintain the required Account Balance: \
(a) The creation of new verifications or service requests may be restricted; \
(b) Existing verification data may remain accessible in read-only mode for up to seven (7) calendar days; \
(c) If payment is not received within the grace period, the account may be fully suspended until the required balance is restored. \
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6.9. **Scale Plan.** For the Scale plan, payment terms may be customized and agreed separately in a written agreement between the Client and the Provider. In the event of conflict, such separate agreement shall prevail. \
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6.10. Plan Changes. The Client may request an upgrade or downgrade of its subscription plan. Plan changes take effect immediately unless otherwise specified herein. The existing Account Balance is transferred to the new plan. The Minimum Monthly Commitment applicable to the current Billing Month is non-refundable and non-transferable. \
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6.11. Upgrades. The Client may upgrade at any time, including during an active Billing Month. Upon upgrade: \
(a) The new plan and its pricing apply immediately; \
(b) The Minimum Monthly Commitment of the previous plan is deemed fully charged for the current Billing Month and shall not be charged again; \
(c) The existing Account Balance is transferred to the new plan; (\
d) If the transferred balance is below the new plan’s Minimum Monthly Commitment, the Client must Top-Up the Account Balance to at least the required amount before creating new verifications or service requests. \
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6.12. **Downgrades.** Downgrades are permitted only at the end of the current Billing Month and take effect at the start of the next Billing Month. Upon downgrade: \
(a) The Minimum Monthly Commitment of the previous (higher) plan is deemed fully charged for the current Billing Month; \
(b) No refunds, credits, or prorations are provided in connection with the higher Minimum Monthly Commitment; \
(c) The existing Account Balance is transferred to the new plan; \
(d) The new plan’s Minimum Monthly Commitment applies beginning with the next Billing Month. \
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6.13. **No Retroactive Adjustments.** Plan changes do not result in retroactive billing adjustments, partial refunds, or recalculation of previously incurred Minimum Monthly Commitment obligations. \
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6.14. **Cancellation and Refunds.** The Client may cancel the subscription at any time in accordance with these Terms. Upon cancellation, access to the Services will terminate at the end of the applicable Billing Month unless otherwise specified. All payments made, including any remaining Account Balance and unused Minimum Monthly Commitment amounts, are non-refundable.
## 7. Liability and Indemnification
7.1. **Indemnification.** The Business User agrees to indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to reasonable and documented lawyers’ fees and costs — made by any third party due to or in relation with any culpable use of or connection to Allpass.ai, violation of these Terms of Service, infringement of any third-party rights or statutory provision by the Business User or its Authorized Persons to the extent allowed by applicable law.
7.2. The Business User agrees to defend, indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, reasonable and documented legal fees and expenses, arising from:
* Business User’s use of and access to Allpass.ai, including any data or content (including End User Content of its Consumers) transmitted or received by such Business User;
* Business User’s violation of these Terms of Service, including, but not limited to, Business User’s breach of any of the representations and warranties set forth in these Terms of Service;
* Business User’s violation of any third-party rights, including, but not limited to, any right of privacy or Intellectual Property Rights;
* Business User’s violation of any statutory law, rule, or regulation;
* any content that is submitted from Business User’s Account, including third party access with Business User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
* Business User or its Authorized Person’s wilful misconduct; or
* statutory provision by Business User or its Authorized Persons to the extent allowed by applicable law.
7.3. **Limitation of liability.** Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Business Users shall have no right to claim damages against the Provider (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity of Business User’s Authorized Persons or Consumers, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, provided that Allpass.ai has been used appropriately and in accordance with these Terms by the Business User and any natural person acting on its behalf. Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Provider shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
7.4. In particular, within the limits stated above, to the maximum extent permitted by applicable law, in no event shall the Provider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
* any loss of business opportunities and any other loss, even indirect, that may be incurred by the Business User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.), any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Allpass.ai;
* damages or losses resulting from interruptions or malfunctions of Allpass.ai due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Provider, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Allpass.ai or Business User Account or the information contained therein;
* any losses that are not the direct consequence of a breach of the Terms of Service by the Provider;
* any errors, mistakes, or inaccuracies of content;
* property damage, of any nature whatsoever, resulting from Business User access to or use of the Allpass.ai;
* any unauthorized access to or use of the Provider’s secure servers and/or any and all content (including End User Content) stored therein;
* any interruption or cessation of transmission to or from Allpass.ai;
* any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Allpass.ai;
* any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Allpass.ai; and/or
* the defamatory, offensive, or illegal conduct of any Business User or third party (excluding Provider’s affiliates, officers, directors, agents, co-branders, partners, suppliers and employees). In no event shall the Provider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by Business User to the Provider hereunder in the preceding 12 months, or the period of duration of this agreement between the Provider and Business User, whichever is shorter.
7.5. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Provider and / or Business User has been advised of the possibility of such damage.
7.6. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to Business Users. The Terms of Service give to Business User specific legal rights, and Business Users may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms of Service shall not apply to the extent prohibited by applicable law.
## 8. Disclaimer of Warranties
8.1. Allpass.ai is provided strictly on an “as is” and “as available” basis. Use of Allpass.ai at Business User’s own risk. To the maximum extent permitted by applicable law, the Provider expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by Business User from Provider or through the Services will create any warranty not expressly stated herein.
8.2. Without limiting the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content of Allpass.ai is accurate, reliable or correct; that Allpass.ai will meet Business User’s requirements; that Allpass.ai will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Allpass.ai is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of Allpass.ai shall be obtained at the sole risk of the Business User, and the Business User shall be solely responsible for any damage to its computer systems or mobile devices, as well as any loss of data, resulting from such download or from the use of Allpass.ai.
8.3. The Provider does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Allpass.ai or any hyperlinked website or service, and the Provider shall not be a party to or in any way monitor any transaction between Business Users and third-party providers of products or services.
8.4. Allpass.ai may become inaccessible or it may not function properly with the Business User’s Authorized Persons’ web browser, mobile device, and/or operating system. The Provider cannot be held liable for any perceived or actual damages arising from Allpass.ai content, operation, or use of Allpass.ai.
8.5. For the Business Users from the USA: Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to such Business Users. This document gives Business Users specific legal rights, and Business Users may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms of Service shall not apply to the extent prohibited by applicable law.
## 9. Intellectual property rights
9.1. Without prejudice to any more specific provision of these Terms of Service, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Allpass.ai are the exclusive property of the Provider or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Allpass.ai are, and remain, the exclusive property of the Provider or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
9.2. Except as expressly stated herein, these Terms of Service do not grant the Business User any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of Allpass.ai.
9.3. The Provider confirms that it has all the rights in relation to Allpass.ai that are necessary to grant all the rights the Provider purports to grant under, and in accordance with these Terms of Service.
9.4. If the Business User believes that the Provider’s content infringes copyright or trademark under U.S. law or any other applicable national law, the Business User shall notify the Provider immediately using the contact information provided herein. The Provider’s policy is to investigate any allegations of infringement brought to its attention.
9.5. If the Business User believes that the End User Content of its Consumers infringes any rights of third parties, the Business User shall be obliged to notify the respective End User without delay and to investigate the matter.
9.6. The Provider holds and reserves all Intellectual Property Rights for its content on Allpass.ai and for Allpass.ai.
9.6.1. Business Users may not therefore use Provider’s content in any way that is not necessary or implicit in the proper use of Allpass.ai. In particular, but without limitation, Business Users and their affiliates may not copy, download, share (beyond the limits set forth in these Terms of Service), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Provider’s content available on Allpass.ai, nor allow any third party to do so through the Business User or their devices, even without the Business User or its Authorized Person’s knowledge.
9.6.2. Neither Business Users nor their Authorized Persons may not distribute (copy), publish Allpass.ai or any parts thereof; disclose information of its Account and other data in connection with Allpass.ai and these Terms of Service; attempt to access or derive the source code or architecture of Allpass.ai or any part of it; use Allpass.ai in any way that causes, or may cause, damage to Allpass.ai or impairment of the availability or accessibility of Allpass.ai; attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of Allpass.ai; attempt to probe, scan or test the vulnerability of Allpass.ai, or any associated system or network, or to breach any security or authentication feature or measures of Allpass.ai; use Allpass.ai in any way that is unlawful, illegal, fraudulent or harmful; use the Allpass.ai in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; interfere or attempt to interfere with Allpass.ai, host or network, including, without limitation, by means of submitting malicious software or computer code to Allpass.ai or any part of it, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”; use or access any services, software in order to build a competitive product, service or solution.
## 10. Logo use
10.1. The Provider hereby grants to the Business User limited, non-exclusive, non-transferable, non-sublicensable, royalty-free and revocable license to use its logo “Allpass.ai” for the limited purposes subject to the terms and conditions of this document.
10.2. The Business User is not permitted to make any changes to the Provider’s logo, including, but not limited to:
* Distort the logo by scaling disproportionally;
* Adjust the colors of or add gradients to the logo;
* Change the typeface;
* Reconfigure the logo or add embellishments like drop shadows;
* Outline the logo;
* Size the logo so small that it is not readable;
* Manipulate or alter the logo in any other way.
10.3. The Business User agrees not to challenge or assist others to challenge the Provider’s logo (except to the extent such restriction is prohibited by applicable law), and the Business User agrees not to register or attempt to register any domain names, trademarks, trade names, or other distinctive brand features that are confusingly similar to those of the Provider.
10.4. The Provider reserves the right in its sole discretion to terminate or modify the Business User’s permission to display the Provider’s logo and to take action against any use that does not conform to the terms and conditions set forth herein, infringes any Provider’s intellectual property or other right, or violates applicable law. Any use of the Provider’s logo without its prior written permission, other than as specifically authorized by these Terms of Service, is strictly prohibited.
## 11. Data Processing
11.1 The Provider processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation - “GDPR”), the terms and conditions specified herein and the Privacy Policy.
11.2 The Provider shall not use personal data for any purpose other than as set out in this document and the Privacy Policy. The Provider collects and processes the information that is contained in Business Users’ Accounts and that is transmitted through the Platform solely for the purpose of providing the Business User with the services of using the Allpass.ai.
11.3. The Business User warrants to the Provider that the Business User Content will not infringe the Intellectual Property Rights, data and personal data protection rules or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
11.4. If the Business User chooses to process the End User’s Content on the Platform, only the Provider, its affiliates and trusted third parties, and Business User’s Authorized Persons have the right to process the End User Content of Business User’s Consumers using the Platform.
11.5. The Provider shall process the Business User Content with no time limits, subject to the other provisions of this section.
11.6. Notwithstanding any other provision of these Terms of Service, the Provider may process the Business User Content and End User Content the Provider has access to, if and to the extent that the Provider is required to do so by applicable law. In such a case, the Provider shall inform the Business User of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
11.7. The Provider may engage a third party to process the Business User Content, ensuring that such sub-processors comply with the requirements of GDPR or other applicable data processing rules with respect to the issues of Business User Content protection and general data security. The Provider shall inform the Business User within the reasonable term of any intended changes concerning the addition or replacement of any third-party processor, and if the Business User objects to any such changes before their implementation, then the Business User may terminate its Account. The Provider shall ensure that each third-party processor is subject to equivalent legal obligations as those imposed on the Provider by this section.
11.8. Data subjects under this document are:
* The Business User and its Authorized Persons;
* The End User.
11.9. The Provider shall establish the security of data processing. The measures to be taken are measures of data security and measures that guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems.
11.10. If the Business user chooses to store and process End User Content of its Consumers on the Platform, the Provider will be the processor of such data with respect to GDPR, and the Data Processing Agreement has to be signed between the Business User and the Provider.
## 12. Common provisions
12.1. **No Waiver.** The Provider’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
12.2. **Service interruption and termination.** To ensure the best possible Services level, the Provider reserves the right from time to time to modify or alter the design, functionality or information contained on Allpass.ai informing the Business Users appropriately, but at least with a one (1) business day prior notice.
Within the limits of law, the Provider may also decide to suspend or terminate Allpass.ai altogether. If Allpass.ai is terminated, the Provider will cooperate with Business Users to enable them to withdraw their Business User Content and their Consumers’ End User Content in accordance with applicable law.
Additionally, Allpass.ai might not be available due to reasons outside the Provider’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
The Provider reserves the right to terminate the provision of Services, or any part of Services, to the Business User with a 30-day prior notice.
12.3. **Service reselling.** Business Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Allpass.ai and of its Services without the Provider’s express prior written permission, granted either directly or through a legitimate reselling programme.
12.4. **Privacy policy.** More information about the data processing by Allpass.ai, may be found in the Privacy Policy of Allpass.ai.
12.5. **Access to external resources.** Through Allpass.ai Business Users may have access to external resources provided by third parties. Business Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
12.6. **Assignment of contract.** The Provider reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms of Service, taking the Business User’s legitimate interests into account. Provisions regarding changes of these Terms of Service will apply accordingly. Business Users may not assign or transfer their rights or obligations under these Terms of Service in any way, without the written permission of the Provider.
12.7. Any notice provided by the Provider to the Business User via email, regular mail, or notices or links displayed in connection with Allpass.ai shall constitute valid notice under these Terms of Service. The Provider shall not be responsible for any failure by the Business User to receive such notice in the event that the email is quarantined by the Business User’s email security system (including placement in “junk” or “spam” folders) or if the Business User fails to update its email address. Notice shall be deemed received forty-eight (48) hours after transmission if sent by email or regular mail. In the event that notice is provided through links displayed in connection with Allpass.ai, such notice shall be deemed received twenty-four (24) hours after it is first displayed.
12.8. These Terms of Service constitute the entire agreement between the Business User and the Provider with regard to the Services rendering and supersedes all prior negotiations, representations, and agreements, whether written or oral, between the Business User and the Provider. Additional agreement may be signed as an addition to this document.
12.9. **Changes to these Terms of Service.** The Provider reserves the right to amend or otherwise modify these Terms of Service at any time. In such cases, the Provider will appropriately inform the Business User of these changes with reasonable prior notice and where such changes relate to the fees paid for the Service, the Business User shall be notified at least one month in advance.
**Failure to accept the revised Terms of Service, may entitle the Provider to terminate the Services rendering in accordance with this document.**
The applicable previous version will govern the relationship prior to the Business User's acceptance. The Business User can obtain any previous version from the Provider. If required by applicable law, the Provider will specify the date by which the modified Terms of Service will enter into force.
The provisions of this document might be changed or supplemented by written additional agreement between Business User and the Provider, which has supreme legal force in relation to these Terms of Service.
12.10. **Severability.** Should any provision of these Terms of Service be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
**US Business Users.** Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms of Service constitute the entire agreement between Business Users and the Provider with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms of Service will be enforced to the fullest extent permitted by law.
**EU Business Users.** Should any provision of these Terms of Service be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms of Service shall not nullify the entire agreement, unless the severed provisions are essential to the agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
12.11. **Governing law.** These Terms of Service are governed by the law of the Republic of Estonia, without regard to conflict of laws principles.
12.12. **Amicable dispute resolution.** Business Users may bring any disputes to the Provider who will try to resolve them amicably.
While Business User’s right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Allpass.ai or the Service, Business Users are kindly asked to contact the Provider at the contact details provided in this document.
The Business User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or Account, to the Provider’s email address specified in this document.
The Provider will process the complaint without undue delay and within 10 calendar days of receiving it.
12.13. **Venue of jurisdiction.** The exclusive competence to decide on any controversy resulting from or connected to these Terms of Service lies with the courts of the Republic of Estonia.
12.14. **Contacts and Support.** All communications relating to the use of Allpass.ai must be sent using (1) the contact information of dedicated Allpass.ai manager, (2) the Allpass.ai support email address: (3) to the legal address of the Provider, or (4) using the online chat with the Provider’s support team in the Business User’s Account on the Platform.
Additional contact information can be found on the website - .
elKYC OÜ
# Version 1.0 - October, 2022
Posted on: October, 2022
These Terms of Service govern the use of elKYC by Business Users and legal relationship with the Provider in a legally binding way.
**YOUR CHOICE TO USE OF elKYC OR MAINTAIN AN ACCOUNT CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE AND ACKNOWLEDGEMENT TO OUR PRIVACY POLICY. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF SERVICE OR PRIVACY POLICY, PLEASE RESTRAIN FROM USING elKYC. Acceptance of these Terms of Service can be done by (1) clicking the box indicating acceptance when registering an Account in the Application or on the Platform, or (2) by providing written consent to accept these Terms of Service. Both options have the same legal effect.**
elKYC is provided by:
**elKYC OÜ, the limited liability company, registered under the law of Estonia Legal address: Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151 VAT: EE102339501**
All contact information you can find on our website or in these Terms of Service.
## **1. Definitions and legal references**
**elKYC** means software that enables the provision of the Services. This software consists of three parts: (1) the **Application** that is a demo version of SDK, (2) **SDK** that must be downloaded and integrated into your application, and (3) the **Platform** which you can work with through your Account on our website.
You can download the Application in the Appstore using the link . You can download the SDK using the link . You can access your Account on the Platform through our website using the link .
**Account** means an account of the Business User (1) on the Platform enabling an Authorized Person(s) to access and use the Platform, or (2) in the Application enabling an Authorized Persons to test the Services.
**Access Keys** mean private API keys that you can find in your Account on the Platform. You shall use Access Keys in order to integrate SDK into your application.
**Application** means software for mobile devices running on iOS, that you can use to test the Services.
**Authorized Person(s)** mean affiliates, officers, directors, agents, co-branders, partners, representatives and/or employees of the Business User who access and use elKYC on behalf of the Business User.
**Business User (or you, your)** indicates a legal entity using elKYC for its own business activity according to these Terms of Service. When the individual is accepting these Terms of Service on behalf of Business User, such individual represents and warrants that: (i) he\she has full legal authority to bind Business User to these Terms of Service; (ii) he\she has read and understood these Terms of Service; and (iii) he\she agrees to these Terms of Service on behalf of the Business User that he\she represents.
**End User (or Consumer)** means any client or potential client of the Business User qualifying as a natural person or legal entity who accesses SDK part of elKYC for the purpose of identification, verification and/or KYC procedure performance. All Consumers use SDK only due to their relationship with Business Users.
**Intellectual Property Rights** means all intellectual property rights wherever in the world, whether registrable or non-registrable, registered or unregistered, including any application or right of application for such rights including but not limited to copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs.
**KYC procedure** means a set of methods and questionnaires set up for identification, verification and onboarding of the End Users, including liveliness detection, face match, document scan and rfid reading services, which Business Users carry out through elKYC.
**KYC procedure for facial verification** should be considered a valid and duly provided Service in case at least one of the components of the KYC procedure: (i) liveness detection, (ii) face match had provided response within the KYC procedure.
**KYC procedure for document verification** should be considered a valid and duly provided Service in case at least one of the components of the KYC procedure: (i) document scan, or (ii) rfid reading had provided response within the KYC procedure.
**Provider (or we, us, our)** indicates **elKYC OÜ**, the legal entity that provides elKYC or any part of it and/or the Services to Business Users as stated in this Terms of Service.
**Services** mean (1) the provision of the access to the elKYC or any part of it, (2) the provision of KYC procedure by the Provider to Business Users as described in these Terms of Service, and/or (3) the additional services of customization of SDK for Business User needs.
**Terms of Service** means this document, applicable to the Business Users as described herein and as updated. The document might include specific additional bilateral agreements entered by Business Users with the Provider from time to time.
More definitions provided in the Terms of Service below.
## **2. Information about elKYC**
2.1 **elKYC is a SAAS which provides a service of quick, secure and intuitive onboarding process and verification of Consumers for Business Users.**
2.2 elKYC is divided into three stages:
* Test of the Services using the Application (optional);
* Consumer KYC procedure performance through SDK that is installed into your application;
* Work with End User Content through your Account on the Platform (optional).
2.3 You can use elKYC fully (all three parts of it) or partially (only two or one part of it). The use of all parts of the elKYC is not mandatory, some parts or functions are optional.
2.4 elKYC is intended only for Business Users. Please note that the Consumers can use elKYC only in connection with their relationship with the Business Users.
2.5 **Usage of elKYC or its parts and the Services are age restricted:** the Business Users accept that to access and use elKYC and Services the End User must be an adult under applicable law. Minors may access elKYC and use its Services only under parental or legal guardian supervision and admission.
2.6 **Acceptable use**. elKYC or its parts and the Services may only be used within the scope of what they are provided for, under these Terms of Service and applicable law, namely: End User identification, verification and/or KYC procedure performance. Business Users are solely responsible for making sure that their use of elKYC and/or the Services violate no applicable law, regulations or third-party rights. Therefore, the Provider reserves the right to take any appropriate measure to protect its legitimate interests including by denying Business Users access to elKYC, any part of it or the Services, terminating contracts, reporting any misconduct performed through elKYC or the Services to the competent authorities – such as judicial or administrative authorities - whenever Business Users engage or are suspected to engage in any of the following activities:
* violate laws, regulations and/or these Terms of Service;
* infringe any third-party rights;
* considerably impair the Provider’s legitimate interests;
* offend the Provider or any third party;
* scams and fraudulent activities;
* deliberate misrepresentation of the elKYC.
2.7 All obligations to not violate the provisions of these Terms of Service are referred to Authorized Persons in the same way as to the Business User they represent.
2.8 In consideration for the Business User’s consent to follow the Terms of Service the Provider grants to the Business User a non-transferable, non-exclusive, worldwide license to use elKYC or any part of it (including the design of it) only in order the End User could pass KYC procedure for the Business User's business purposes. No other license is granted. Neither the Business User nor their Authorized Persons may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information from elKYC, that belong to the Provider, its licensor or other affiliates, without the Provider’s direct prior written consent.
## **3. Account registration and termination**
**3.1. Account registration.** To use the Services Business Users must register an Account in the Application or on the Platform, providing all required data or information in a complete and truthful manner to the Provider. **Failure to do so will cause unavailability of the Services.** In the case you reject registration of the Account, we will not store any of your data provided for the purpose of registration.
3.2. The procedure that must be completed in order for the Business Users to start using elKYC:
1. You have to download our Application, accept these Terms of Service and register the Account (optional);
2. You have to (1) accept these Terms of Service and register the Account on the Platform (in case if you skip first step), or (2) log in the Platform with the credential (login and password) for the Account to obtain the Access Keys;
3. You have to choose the place where you will process the End User Content;
4. You have to download the SDK and implement it into your application where you are going to use the Services.
3.3. Your credentials for your Account in the Application and on the Platform are the same.
3.4. You are responsible for keeping your credentials to the Account and Access Keys confidential and safe. For this reason, you are also required to choose passwords permitted by us, which should comply with the following safety requirements: 8 symbols minimum.
3.5. By registering the Account, you agree to be fully responsible for all activities that occur under your login and password, including but not limited to all activities of your Authorized Persons.
3.6. You are required to immediately and unambiguously inform the Provider via the contact details indicated in this document, if you think your information, including but not limited to your Access Keys or credentials to the Account have been violated, unduly disclosed or stolen.
3.7. **License.** When you install the SDK into your application, register and/or access the Account on the Platform and/or in the Application, directly or indirectly submit, store, send or receive your data or data of your Consumers to, or from the Platform, you give/grant to the Provider, as well as its representatives, agents, employees, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, host, store, create derivative works, reproduce such data, excluding private data of your Authorized Persons not being impersonalized.
The rights that the Business User grants by this license are for the limited purpose of operating, performing and improving elKYC. This license shall survive termination or suspension of these Terms of Service notwithstanding the reason of such termination or suspension.
3.8. **Conditions for Account registration.** Registration of the Account on elKYC is subject to the conditions outlined below. By registering, Business Users agree to meet such conditions:
* Accounts registered by bots or any other automated methods are not permitted.
* Unless otherwise specified, each Business User must register only one Account.
* Only Authorized Persons of the Business User can have access to its Account.
3.9. **Account termination.** Business Users can terminate their Accounts and stop using elKYC at any time by using the tools provided for Account termination on elKYC or by sending a Account termination request to the Provider using contact information specified in this document.
3.10. **Account suspension and deletion.** The Provider reserves the right, at its sole discretion, to suspend or delete at any time and without notice, Account which it deems inappropriate or in violation of these Terms of Service.
The suspension or deletion of the Account shall not entitle Business Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of the Accounts due to causes attributable to the Business User does not exempt the Business User from paying any applicable fees or prices.
## **4. Service rendering process**
4.1. Unless otherwise specified, the terms of Services rendering detailed in this section apply generally when using elKYC by Business Users.
4.2. Single or additional conditions of Services rendering may apply in specific scenarios and in such cases are additionally indicated within this document or additional documents.
4.3. The process of Services rendering:
1. After you have downloaded the Application, you can register the Account in it and use it to test the Services (optional) if you accept these Terms of Service;
2. Next step is (1) to access the Platform using credentials that you used for the Application; or (2) to register the Account on the Platform (if you skip the first step) if you accept these Terms of Service;
3. You can find your Access Keys in your Account on the Platform;
4. You have to set up the settings of End User Content processing. You can store and process it on our Platform or you can store and process it on your server.
5. You shall use your Access Keys to install the SDK into your application and connect it to your KYC procedure.
6. If you choose the processing of End User Content of your Consumers on our Platform, you are authorized to process the End User Content using your Account on the Platform within the purpose of elKYC. If you choose the processing of End User Content of your Consumers on your server, you cannot process the End User Content using your Account on the Platform.
7. If you choose the processing of End User Content of your Consumers on our Platform, you can: upload and download End User Content; upload and download additional End User information and documents received not through SDK; delete and/or update End User Content, etc.
4.4. SDK has only one dashboard where End User can pass the KYC procedure uploading the End User Content.
4.5. The Application has only one type of Account - the Account for Business Users.
You can use such Account for: test the Services; upload and download End User Content and/or Business User Content; etc.
4.6. The Platform has only one type of Account - the Account for Business Users.
You can use such Account for:
1. If you choose to store and process End User Content of your Consumers on our Platform: settings of KYC procedure, general settings, seeing list of the End Users, editing End Users profiles; upload and download End User Content received through SDK; upload and download additional End User Content received not through SDK; delete and/or update End User Content, etc, or
2. If you choose to store and process End User Content of your Consumers on your server: settings of KYC procedure, general settings, etc.
4.7. SDK that is installed to your application does not need the registration by End User to use it. It is aimed to make the process of registration of Consumers for Business Users services easier and faster. **Consumers can use SDK without registration in elKYC.**
4.8. We can customize the software or design of your SDK for your needs as a part of Services. To customise your KYC procedure in SDK, please set up settings in your Account on the Platform and add different verification and compliance assessment steps to maximise the user experience while providing the desired level of verification confidence.
4.9. You can choose the place of End User Content of your Consumers storage and processing in your Account on the Platform. If you choose to store and process End User Content of your Consumers on our Platform, we will be the processor of such data with respect to GDPR, and you can use your Account on the Platform to work with such End User Content. If you choose to store and process End User Content of your Consumers on your server, you need to indicate the URL of such server and all End User Content of your Consumers from SDK will be automatically sent to your server. **In this case we won't be the processor of such data and won't have the access to such End User Content.** In both cases you are a controller of End User Content of your Consumers with respect to the GDPR.
4.10. The usage of Application is not mandatory. You can use it in case you need to test the Services. The Application is our version of a free trial period.
**Details on the data processing are in the Privacy policy.**
## **5. Rights and Obligations**
5.1. The Provider undertakes:
* Organize and ensure the proper functioning of elKYC.
* Process all the End User Content and/or Business User Content only in relation to work and improvement of the elKYC, do not transfer or show to unauthorized third parties information about the End Users and Business Users.
* To provide relevant, timely and sufficient support service.
5.2. The Provider has the right to receive from the Business User all the data necessary to fulfill its obligations hereunder.
5.3. The Business User is obliged to:
* Use elKYC or any part of it only within the limits of those rights and in the ways provided for in the Terms of Service;
* Refrain from distribution (copying), publication of elKYC or any parts thereof;
* Refrain of any use of elKYC or its parts by any third parties;
* Provide the Provider with the consent to the Terms of Service and Privacy Policy by (1) clicking the box indicating acceptance when registering an Account in the Application or on the Platform, or (2) by providing written consent to accept these Terms of Service;
* Refrain of attempts to access or derive the source code or architecture of the elKYC or any part of it;
* Do not use elKYC in any way that causes, or may cause, damage to elKYC or impairment of the availability or accessibility of elKYC;
* Refrain of attempts to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of elKYC;
* Refrain of attempts to probe, scan or test the vulnerability of elKYC, or any associated system or network, or to breach any security or authentication feature or measures of elKYC;
* Do not use elKYC in any way that is unlawful, illegal, fraudulent or harmful;
* Do not use elKYC in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
* Do not interfere or attempt to interfere with elKYC to any Business User or End User, host or network, including, without limitation, by means of submitting malicious software or computer code to elKYC, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”;
* Do not use or access any services, software in order to build a competitive product, service or solution;
* Use all reasonable endeavors, to ensure that no unauthorized person may gain access to elKYC;
* Use all reasonable endeavors to prevent any unauthorized access to, or use of, elKYC by any unauthorized third parties and, in the event of any such unauthorized access or use, promptly notify the Provider.
5.4. The Business User has the right to carry out any actions related to the functioning of the elKYC in accordance with its purpose stated hereto.
5.5. More rights and obligations of the parties provided in the text of this document.
## **6. Content on elKYC**
6.1. Unless otherwise specified or clearly recognizable, all content available to the Business User on elKYC is Business User Content and End User Content. All content related to elKYC usage, the Services rendering, and/or that does not directly belong to Business User or End User, belongs to the Provider, its licensors or other affiliated persons.
6.2. Where explicitly stated on elKYC, the Business User may download, copy and/or share some Provider’s content available through elKYC for its non-commercial use and provided that the copyright attributions and all the other attributions requested by the Provider are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.
6.3. **Business User Content.** The Provider allows Business Users to upload, share or provide their own content to elKYC (“**Business User Content”)**. Such Business User Content belongs to Business User. By providing Business User Сontent to elKYC, Business Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Business User Content includes but is not limited to additional information or documents of End User obtained not through SDK, Business User personal or corporate data, Authorized Persons personal data, Business User banking details, etc.
We need your permission to do things like hosting your content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like sharing, organization, editing and deletion of Business User Content. To provide these and other features, elKYC accesses and stores your Business User Content. By accepting these Terms of Service you give us permission to do so, and this permission extends to our affiliates and trusted third parties we work with.
6.4. **End User Content.** When End Users use elKYC through your application, they upload to elKYC their personal data, documents and other information (“**End User Content**”). Such End User Content belongs to End User.
If you choose to store and process End User Content of your Consumers on our Platform, elKYC also provides you with features like sharing, organization, editing and deletion of End User Content of your Consumers. To provide these and other features, we access and store End User Content of your Consumers on your behalf.
Only the Provider, our affiliates and trusted third parties we work with, and your Authorized Person(s) have the right to process the End User Content of your Consumers using elKYC.
As a controller of End User Content of your Consumers, you are responsible for obtaining the End User's consent to the processing and storage of their personal data.
6.5. **Rights regarding Business User Content.** Business Users acknowledge and accept that by providing their Business User Content on elKYC they grant the Provider a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of elKYC as contractually required as mentioned in the clause 3.7. of this document.
6.6. **Liability for provided content.** Business Users are solely liable for any Business User Content they upload, post, share, or provide through elKYC. Business Users acknowledge and accept that **the Provider does not filter or moderate Business User Content nor End User Content.** The Provider is not responsible for the Business User Content nor End User Content. If the Provider becomes aware of non-compliance of the Business User Content or End User Content with the requirements of this document, violation of the law or violation of the rights of third parties, the Provider will send the Business User a request to remove or update such content within a reasonable period of time.
However, the Provider reserves the right to remove, delete, block or rectify any Business User Content or End User Content of its Consumers at its own discretion and to, without prior notice, deny the uploading Business User access to elKYC:
* if any complaint based on such content is received;
* if a notice of infringement of Intellectual Property Rights is received;
* upon order of a public authority; or
* where the Provider is made aware that the content, while being accessible via elKYC, may represent a risk for Business Users or its Consumers, third parties and/or the availability of elKYC.
6.7. The removal, deletion, blocking or rectification of any Business User Content or its Consumers’ End User Content shall not entitle Business Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
6.8. Business Users agree to hold the Provider harmless from and against any claim asserted and/or damage suffered due to their Consumers’ End User Content and \ or content they provided to or provided through elKYC.
## **7. Payment**
7.1. The Services provided on elKYC are provided on the basis of monthly payment. The fees, duration and conditions applicable to the purchase of such Services are described below and (1) in the dedicated sections of your Account which are the integral part of this document, or (2) in the additional agreement to these Terms of Service between you and the Provider. The characteristics of the chosen Services will be outlined during the purchasing process or can be found on the website of the Provider or in the additional agreement to these Terms of Service between you and the Provider.
7.2. Prices, descriptions or availability of Services are outlined in the respective sections of elKYC or in the additional agreements between you and the Provider, and are subject to change only with previous notice.
7.3. The monthly payment for the Services provision may vary from month to month and depends on the number of KYC procedures that were done by Consumers of each Business User in a particular month, but can not less than the price of chosen tariff as shall be indicated in additional agreement between you and us. If the number of KYC procedures per month exceeds the number of KYC procedures available at the chosen tariff, then such KYC procedures are paid additionally at the cost, as indicated in the additional agreement between you and us. KYC procedures unused during the month shall not be included in the next month's tariff.
7.4. The cost of connecting to elKYC is paid separately from monthly payment. This cost is one-time and shall be paid before the start of Services rendering.
7.5. elKYC automatically generates the invoice for each payment under these Terms of Service which you can find in your Account on the Platform or such invoice can be sent to your registered e-mail address.
7.6. **Methods of payment.** The payment for the Services can be made in several ways: (1) by wire bank transfer according to Provider's bank details, or (2) by automatic debiting from the Business User's bank card. The payment shall be made no later than the 10th banking day of each month following the month for which the payment is made. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of elKYC or your Account.
7.7. **Customization services.** The Provider can provide to the Business Users additional Services related to SDK customization as indicated in clause 4.8. of this document. Such services shall be paid separately from monthly payment for other Services (access to the elKYC) under additional invoices.
7.8. To the maximum extent permitted by applicable laws, we may change our prices for the Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the elKYC and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel your access to the elKYC prior to the change going into effect.
## **8. Liability and Indemnification**
8.1. **Indemnification.** The Business User agrees to indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to elKYC, violation of these Terms of Service, infringement of any third-party rights or statutory provision by the Business User or its Authorized Persons to the extent allowed by applicable law.
8.2. The Business User agrees to defend, indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
* Business User’s use of and access to elKYC, including any data or content (including End User Content of its Consumers) transmitted or received by such Business User;
* Business User’s violation of these Terms of Service, including, but not limited to, Business User’s breach of any of the representations and warranties set forth in these Terms of Service;
* Business User’s violation of any third-party rights, including, but not limited to, any right of privacy or Intellectual Property Rights;
* Business User’s violation of any statutory law, rule, or regulation;
* any content that is submitted from Business User’s Account, including third party access with Business User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
* Business User or its Authorized Person’s wilful misconduct; or
* statutory provision by Business User or its Authorized Persons to the extent allowed by applicable law.
8.3. **Limitation of liability.** Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Business Users shall have no right to claim damages against the Provider (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity of Business User’s Authorized Persons or Consumers, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as elKYC has been appropriately and correctly used by the Business User and any natural person acting on its behalf. Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Provider shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
8.4. In particular, within the limits stated above, to the maximum extent permitted by applicable law, in no event shall the Provider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
* any loss of business opportunities and any other loss, even indirect, that may be incurred by the Business User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.), any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the elKYC;
* damages or losses resulting from interruptions or malfunctions of elKYC due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Provider, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the elKYC or Business User Account or the information contained therein;
* any losses that are not the direct consequence of a breach of the Terms of Service by the Provider;
* any errors, mistakes, or inaccuracies of content;
* property damage, of any nature whatsoever, resulting from Business User access to or use of the elKYC;
* any unauthorized access to or use of the Provider’s secure servers and/or any and all content (including End User Content) stored therein;
* any interruption or cessation of transmission to or from elKYC;
* any bugs, viruses, trojan horses, or the like that may be transmitted to or through the elKYC;
* any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through elKYC; and/or
* the defamatory, offensive, or illegal conduct of any Business User or third party.
In no event shall the Provider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by Business User to the Provider hereunder in the preceding 12 months, or the period of duration of this agreement between the Provider and Business User, whichever is shorter.
8.5. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Provider or \ and Business User has been advised of the possibility of such damage.
8.6. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to Business Users. The Terms of Service give to Business User specific legal rights, and Business Users may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms of Service shall not apply to the extent prohibited by applicable law.
## **9. Disclaimer of Warranties**
**9.1. elKYC is provided strictly on an “as is” and “as available” basis. Use of elKYC is at Business User’s own risk. To the maximum extent permitted by applicable law, the Provider expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by Business User from Provider or through the Services will create any warranty not expressly stated herein.**
**9.2. Without limiting the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content of elKYC is accurate, reliable or correct; that elKYC will meet Business User’s requirements; that elKYC will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that elKYC is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of elKYC is downloaded at your own risk and you shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of elKYC.**
**9.3. The Provider does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through elKYC or any hyperlinked website or service, and the Provider shall not be a party to or in any way monitor any transaction between Business Users and third-party providers of products or services.**
**9.4. elKYC may become inaccessible or it may not function properly with your Authorized Persons’ web browser, mobile device, and/or operating system. The Provider cannot be held liable for any perceived or actual damages arising from elKYC content, operation, or use of elKYC.**
**9.5. For the Business Users from the USA: Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to such Business Users. This document gives Business Users specific legal rights, and Business Users may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms of Service shall not apply to the extent prohibited by applicable law.**
## **10. Intellectual property rights**
10.1. Without prejudice to any more specific provision of these Terms of Service, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to elKYC are the exclusive property of the Provider or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with elKYC are, and remain, the exclusive property of the Provider or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
10.2. Except as expressly stated herein, these Terms of Service does not grant the Business User any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of elKYC.
10.3. The Provider confirms that it has all the rights in relation to elKYC that are necessary to grant all the rights the Provider purports to grant under, and in accordance with these Terms of Service.
10.4. If you believe our content infringes copyright or trademark under U.S. or other national law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention.
10.5. If you believe the End User Content of your Consumer infringes any rights of third parties, you are obliged to notify such End User immediately and investigate the situation.
10.6. The Provider holds and reserves all Intellectual Property Rights for its content on elKYC and for elKYC.
10.6.1. Business Users may not therefore use Provider’s content in any way that is not necessary or implicit in the proper use of elKYC. In particular, but without limitation, Business Users nor their affiliates may not copy, download, share (beyond the limits set forth in these Terms of Service), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Provider’s content available on elKYC, nor allow any third party to do so through the Business User or their devices, even without the Business User or its Authorized Person’s knowledge.
10.6.2. Business Users nor their Authorized Persons may not distribute (copy), publish of elKYC or any parts thereof; disclose information of its Account and other data in connection with elKYC and these Terms of Service; attempt to access or derive the source code or architecture of elKYC or any part of it; use elKYC in any way that causes, or may cause, damage to elKYC or impairment of the availability or accessibility of elKYC; attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of elKYC; attempt to probe, scan or test the vulnerability of elKYC, or any associated system or network, or to breach any security or authentication feature or measures of elKYC; use elKYC in any way that is unlawful, illegal, fraudulent or harmful; use the elKYC in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; interfere or attempt to interfere with elKYC, host or network, including, without limitation, by means of submitting malicious software or computer code to elKYC or any part of it, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”; use or access any services, software in order to build a competitive product, service or solution.
## **11. Logo use**
11.1. The Provider hereby grants to the Business User limited, non-exclusive, non-transferable, non-sublicensable, royalty-free and revocable license to use its logo “elKYC” for the limited purposes subject to the terms and conditions of this document.
11.2. The Business User is not permitted to make any changes to the Provider’s logo, including, but not limited to:
* Distort the logo by scaling disproportionally;
* Adjust the colors of or add gradients to the logo;
* Change the typeface;
* Reconfigure the logo or add embellishments like drop shadows;
* Outline the logo;
* Size the logo so small that it is not readable;
* Manipulate or alter the logo in any other way.
11.3. The Business User agrees not to challenge or assist others to challenge the Provider’s logo (except to the extent such restriction is prohibited by applicable law), and the Business User agrees not to register or attempt to register any domain names, trademarks, trade names, or other distinctive brand features that are confusingly similar to those of the Provider.
11.4. The Provider reserves the right in its sole discretion to terminate or modify the Business User’s permission to display the Provider’s logo and to take action against any use that does not conform to the terms and conditions set forth herein, infringes any Provider’s intellectual property or other right, or violates applicable law. Any use of the Provider’s logo without its prior written permission, other than as specifically authorized by these Terms of Service, is strictly prohibited.
## **12. Data Processing**
12.1. The Business User warrants to the Provider that the Business User Content will not infringe the Intellectual Property Rights, data and personal data protection rules or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
12.2. If you choose the processing of End User Content on our Platform, only the Provider, our affiliates and trusted third parties we work with, and your Authorized Persons have the right to process the End User Content of your Consumers using the Platform.
12.3. The Provider shall process the Business User Content with no time limits, subject to the other provisions of this section.
12.4. Notwithstanding any other provision of this Terms of Service, the Provider may process the Business User Content and End User Content the Provider has access to, if and to the extent that the Provider is required to do so by applicable law. In such a case, the Provider shall inform the Business User of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
12.5. The Provider may engage a third party to process the Business User Content, ensuring that such sub-processors comply with the requirements of GDPR or other applicable data processing rules with respect to the issues of Business User Content protection and general data security. The Provider shall inform the Business User within the reasonable term of any intended changes concerning the addition or replacement of any third-party processor, and if the Business User objects to any such changes before their implementation, then the Business User may terminate its Account. The Provider shall ensure that each third-party processor is subject to equivalent legal obligations as those imposed on the Provider by this section.
12.6. Data subjects under this document are:
* The Business User and its Authorized Persons;
* The End User (optional).
12.7. The Provider shall establish the security of data processing. The measures to be taken are measures of data security and measures that guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems.
12.8. If you choose to store and process End User Content of your Consumers on our Platform, we will be the processor of such data with respect to GDPR, and the Data Processing Agreement has to be signed between you and us.
## **13. Common provisions**
13.1. **No Waiver.** The Provider’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
13.2. **Service interruption.** To ensure the best possible Services level, the Provider reserves the right from time to time to modify, alternate or change design, functionality or information contained on elKYC informing the Business Users appropriately.
Within the limits of law, the Provider may also decide to suspend or terminate elKYC altogether. If elKYC is terminated, the Provider will cooperate with Business Users to enable them to withdraw their Business User Content and their Consumers’ End User Content in accordance with applicable law.
Additionally, elKYC might not be available due to reasons outside the Provider’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
13.3. **Service reselling.** Business Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of elKYC and of its Services without the Provider’s express prior written permission, granted either directly or through a legitimate reselling programme.
13.4. **Privacy policy.** To learn more about the data processing by elKYC, you may refer to the Privacy Policy of elKYC.
13.5. **Access to external resources.** Through elKYC Business Users may have access to external resources provided by third parties. Business Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
13.6. **Assignment of contract.** The Provider reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms of Service, taking the Business User’s legitimate interests into account. Provisions regarding changes of these Terms of Service will apply accordingly. Business Users may not assign or transfer their rights or obligations under these Terms of Service in any way, without the written permission of the Provider.
13.7. Our notice to you via email, regular mail, or notices or links displayed in connection with elKYC constitutes acceptable notice to you under these Terms of Service. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with elKYC, then it will be considered received twenty-four hours after it is first displayed.
13.8. These Terms of Service constitute the entire agreement between the Business User and the Provider with regard to the Services rendering and supersedes any and all prior negotiations, representations and agreements, whether written or oral, made between the Business User and the Provider. Additional agreement may be signed as an addition to this document.
13.9. **Changes to these Terms of Service.** The Provider reserves the right to amend or otherwise modify these Terms of Service at any time. In such cases, we will appropriately inform the Business User of these changes. Such changes will only affect the relationship with the Business User for the future.
The continued use of elKYC will signify the Business User’s acceptance of the revised Terms of Service. If you do not wish to be bound by the changes, you must stop using elKYC. **Failure to accept the revised Terms of Service, may entitle the Provider to terminate the Services rendering in accordance with this document.**
The applicable previous version will govern the relationship prior to the Business User's acceptance. The Business User can obtain any previous version from the Provider. If required by applicable law, the Provider will specify the date by which the modified Terms of Service will enter into force.
The provisions of this document might be changed or supplemented by written additional agreement between Business User and the Provider, which has supreme legal force in relation to these Terms of Service.
13.10. **Severability.** Should any provision of these Terms of Service be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
**US Business Users.** Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms of Service constitute the entire agreement between Business Users and the Provider with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms of Service will be enforced to the fullest extent permitted by law.
**EU Business Users.** Should any provision of these Terms of Service be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms of Service shall not nullify the entire agreement, unless the severed provisions are essential to the agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
13.11. **Governing law.** These Terms of Service are governed by the law of the Republic of Estonia, without regard to conflict of laws principles.
13.12. **Amicable dispute resolution.** Business Users may bring any disputes to the Provider who will try to resolve them amicably.
While Business User’s right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of elKYC or the Service, Business Users are kindly asked to contact the Provider at the contact details provided in this document.
The Business User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or Account, to the Provider’s email address specified in this document.
The Provider will process the complaint without undue delay and within 10 calendar days of receiving it.
13.13. **Venue of jurisdiction.** The exclusive competence to decide on any controversy resulting from or connected to these Terms of Service lies with the courts of the Republic of Estonia.
13.14. **Contacts and Support.** All communications relating to the use of elKYC must be sent using (1) the contact information of your elKYC manager, (2) the elKYC support email address: , (3) to the legal address of the Provider, or (4) using the online chat with our support team in your Account on the Platform.
Additional contact information you can find on our website - .
# Cookie Policy of Allpass.ai
Allpass.ai is provided by:
elKYC OÜ (“Provider”), the limited liability company, registered under the law of Estonia Legal address: Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151. VAT: EE102339501. Registration code: 16153616.\
\
This document informs Users about the technologies that help Allpass.ai to achieve the purposes described below. Such technologies allow the Owner to access and store information (for example by using a Cookie) or use resources (for example by running a script) on a User’s device as they interact with Allpass.ai.
For simplicity, all such technologies are defined as "Trackers" within this document – unless there is a reason to differentiate.\
For example, while Cookies can be used on both web and mobile browsers, it would be inaccurate to talk about Cookies in the context of mobile apps as they are a browser-based Tracker. For this reason, within this document, the term Cookies is only used where it is specifically meant to indicate that particular type of Tracker.
Some of the purposes for which Trackers are used may also require the User's consent. Whenever consent is given, it can be freely withdrawn at any time following the instructions provided in this document.
Allpass.ai uses Trackers managed directly by the Owner (so-called “first-party” Trackers) and Trackers that enable services provided by a third-party (so-called “third-party” Trackers). Unless otherwise specified within this document, third-party providers may access the Trackers managed by them.\
The validity and expiration periods of Cookies and other similar Trackers may vary depending on the lifetime set by the Owner or the relevant provider. Some of them expire upon termination of the User’s browsing session.\
In addition to what’s specified in the descriptions within each of the categories below, Users may find more precise and updated information regarding lifetime specification as well as any other relevant information – such as the presence of other Trackers - in the linked privacy policies of the respective third-party providers or by contacting the Owner.
## Activities strictly necessary for the operation of elKYC and delivery of the Service
Allpass.ai uses so-called “technical” Cookies and other similar Trackers to carry out activities that are strictly necessary for the operation or delivery of the Service.
### First-party Trackers
* **Further information about Personal Data**
**Preference Cookies (Allpass.ai)**
Preference Cookies store the User preferences detected on Allpass.ai in the local domain such as, for example, their timezone and region.
Personal Data processed: Tracker.
### Other first-party Trackers
Storage duration: duration of the session
### Third-party Trackers
* **Further information about Personal Data**
**iubenda Cookie Solution (consent Cookie) (iubenda srl)**
iubenda consent Cookie (\_iub\_cs-X) is set by the iubenda Cookie Solution and stores User preferences related to Trackers in the local domain.
Personal Data processed: Tracker.
Place of processing: Italy – [Privacy Policy](https://www.iubenda.com/privacy-policy/252372).
* **SPAM protection**
This type of service analyzes the traffic of elKYC, potentially containing Users' Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.
**Google reCAPTCHA (Google Ireland Limited)**
Google reCAPTCHA is a SPAM protection service provided by Google Ireland Limited.\
The use of reCAPTCHA is subject to the Google [privacy policy](https://www.google.com/policies/privacy/) and [terms of use](https://www.google.com/intl/en/policies/terms/).
Personal Data processed: Tracker and Usage Data.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
* **Traffic optimization and distribution**
This type of service allows Allpass.ai to distribute their content using servers located across different countries and to optimize their performance.\
Which Personal Data are processed depends on the characteristics and the way these services are implemented. Their function is to filter communications between Allpass.ai and the User's browser.\
Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain Personal Information of the User are transferred.
**Cloudflare (Cloudflare Inc.)**
Cloudflare is a traffic optimization and distribution service provided by Cloudflare Inc.\
The way Cloudflare is integrated means that it filters all the traffic through Allpass.ai, i.e., communication between Allpass.ai and the User's browser, while also allowing analytical data from Allpass.ai to be collected.
Personal Data processed: Tracker and various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://www.cloudflare.com/privacypolicy/).
## Other activities involving the use of Trackers
### Measurement
Allpass.ai uses Trackers to measure traffic and analyze User behavior with the goal of improving the Service.
* **Analytics**
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
**Google Analytics (Google Ireland Limited)**
Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilizes the Data collected to track and examine the use of Allpass.ai, to prepare reports on its activities and share them with other Google services.\
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data processed: Tracker and Usage Data.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy) – [Opt Out](https://tools.google.com/dlpage/gaoptout?hl=en).
* **Analytics services managed directly by Allpass.ai**
The services contained in this section allow the Owner to collect and manage analytics through the use of first-party Trackers.
**Analytics collected directly (Allpass.ai)**
Allpass.ai uses an internal analytics system that does not involve third parties.
Personal Data processed: Tracker and Usage Data.
* **Beta Testing**
This type of service makes it possible to manage User access to Allpass.ai, or parts of it, for the purpose of testing a certain feature or the entire Application.\
The service provider may automatically collect data related to crashes and statistics related to the User's use of Allpass.ai in a personally identifiable form.
**Google Play Beta Testing (Google Ireland Limited)**
Google Play Beta Testing is a beta testing service provided by Google Ireland Limited.
Personal Data processed: Data communicated while using the service, device information, device logs, Tracker, Usage Data and various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
## How to manage preferences and provide or withdraw consent
There are various ways to manage Tracker related preferences and to provide and withdraw consent, where relevant:
Users can manage preferences related to Trackers from directly within their own device settings, for example, by preventing the use or storage of Trackers.
Additionally, whenever the use of Trackers is based on consent, Users can provide or withdraw such consent by setting their preferences within the cookie notice or by updating such preferences accordingly via the relevant consent-preferences widget, if available.
It is also possible, via relevant browser or device features, to delete previously stored Trackers, including those used to remember the User’s initial consent.
Other Trackers in the browser’s local memory may be cleared by deleting the browsing history.
With regard to any third-party Trackers, Users can manage their preferences and withdraw their consent via the related opt-out link (where provided), by using the means indicated in the third party's privacy policy, or by contacting the third party.
### Locating Tracker Settings
Users can, for example, find information about how to manage Cookies in the most commonly used browsers at the following addresses:
* [Google Chrome](https://support.google.com/chrome/answer/95647?hl=en\&p=cpn_cookies)
* [Mozilla Firefox](https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences)
* [Apple Safari](https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/)
* [Microsoft Internet Explorer](http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies)
* [Microsoft Edge](https://support.microsoft.com/en-us/help/4027947)
* [Brave](https://support.brave.com/hc/en-us/articles/360022806212-How-do-I-use-Shields-while-browsing)
* [Opera](https://help.opera.com/en/latest/web-preferences/#cookies)
Users may also manage certain categories of Trackers used on mobile apps by opting out through relevant device settings such as the device advertising settings for mobile devices, or tracking settings in general (Users may open the device settings and look for the relevant setting).
## Owner and Data Controller
**elKYC OÜ**\
**Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151**\
**VAT: EE102339501**
****
**Owner contact email:**
Since the use of third-party Trackers through elKYC cannot be fully controlled by the Owner, any specific references to third-party Trackers are to be considered indicative. In order to obtain complete information, Users are kindly requested to consult the privacy policies of the respective third-party services listed in this document.
Given the objective complexity surrounding tracking technologies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of such technologies by elKYC.
## Definitions and legal references
### Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
### Usage Data
Information collected automatically through Allpass.ai (or third-party services employed in Allpass.ai), which can include: the IP addresses or domain names of the computers utilized by the Users who use Allpass.ai, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
### User
The individual using Allpass.ai who, unless otherwise specified, coincides with the Data Subject.
### Data Subject
The natural person to whom the Personal Data refers.
### Data Processor (or Data Supervisor)
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
### Data Controller (or Owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of Allpass.ai. The Data Controller, unless otherwise specified, is the Owner of Allpass.ai.
### Allpass.ai (or this Application)
The means by which the Personal Data of the User is collected and processed.
### Service
The service provided by Allpass.ai as described in the relative terms (if available) and on this site/application.
### European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
### Cookie
Cookies are Trackers consisting of small sets of data stored in the User's browser.
### Tracker
Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device.
### Legal information
This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
This privacy policy relates solely to Allpass.ai, if not stated otherwise within this document.
# Privacy Policy of Allpass.ai
## Policy summary
Allpass.ai is provided by:
elKYC OÜ (“Provider”), the limited liability company, registered under the law of Estonia Legal address: Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151. VAT: EE102339501. Registration code: 16153616.
## Personal Data collected for the following purposes and using the following services:
* * **Analytics**
* **Analytics collected directly and Google Analytics**
Personal Data: Tracker; Usage Data
* **Beta Testing**
* **Google Play Beta Testing**
Personal Data: Data communicated while using the service; device information; device logs; Tracker; Usage Data; various types of Data as specified in the privacy policy of the service
* **Contacting the User**
* **Contact form**
Personal Data: email address; first name; last name
* **Phone contact**
Personal Data: phone number
* **Mailing list or newsletter**
Personal Data: email address; first name; last name; phone number
* **Data transfer outside the EU**
* **Data transfer abroad based on consent**
Personal Data: various types of Data
* **Displaying content from external platforms**
* **Font Awesome**
Personal Data: Usage Data
* **Google Fonts**
Personal Data: Usage Data; various types of Data as specified in the privacy policy of the service
* **YouTube IFrame Player**
Personal Data: Data communicated in order to use the Service; username
* **Hosting and backend infrastructure**
* **iubenda Consent Solution**
Personal Data: Data communicated while using the service
* **Openshift, DigitalOcean and Amazon Web Services (AWS)**
Personal Data: various types of Data as specified in the privacy policy of the service
* **Information collection**
* **Customer verification**
* **Infrastructure monitoring**
* **Sentry**
Personal Data: various types of Data as specified in the privacy policy of the service
* **Crashlytics**
Personal Data: crash data; device information; Universally unique identifier (UUID)
* **Managing contacts and sending messages**
* **Twilio**
Personal Data: phone number
* **Managing support and contact requests**
* **Helpshift**
Personal Data: Data communicated while using the service; various types of Data as specified in the privacy policy of the service
* **Registration and authentication**
* **Google OAuth**
Personal Data: various types of Data as specified in the privacy policy of the service
* **Registration and authentication provided directly by Allpass.ai**
* **Direct registration**
Personal Data: email address; password; phone number
* **SPAM protection**
* **Google reCAPTCHA**
Personal Data: Tracker; Usage Data
* **Traffic optimization and distribution**
* **Cloudflare**
Personal Data: Tracker; various types of Data as specified in the privacy policy of the service
## Further information about Personal Data
* * **iubenda Cookie Solution (consent Cookie)**
iubenda consent Cookie (\_iub\_cs-X) is set by the iubenda Cookie Solution and stores User preferences related to Trackers in the local domain.
* **Personal Data collected through sources other than the User**
The Owner of Allpass.ai may have legitimately collected Personal Data relating to Users without their knowledge by reusing or sourcing them from third parties on the grounds mentioned in the section specifying the legal basis of processing.\
Where the Owner has collected Personal Data in such a manner, Users may find specific information regarding the source within the relevant sections of this document or by contacting the Owner.
* **Preference Cookies**
Preference Cookies store the User preferences detected on Allpass.ai in the local domain such as, for example, their timezone and region.
* **Push notifications**
Allpass.ai may send push notifications to the User to achieve the purposes outlined in this privacy policy.
Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for Allpass.ai, some or all of the apps on the particular device.\
Users must be aware that disabling push notifications may negatively affect the utility of Allpass.ai.
* **Push notifications based on the User's geographic location**
Allpass.ai may use the User's geographic location to send push notifications for the purposes outlined in this privacy policy.
Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then changing those settings for some or all of the apps on the particular device.
Users must be aware that disabling push notifications may negatively affect the utility of Allpass.ai.
* **Unique device identification**
Allpass.ai may track Users by storing a unique identifier of their device, for analytics purposes or for storing Users' preferences.
* * **Owner and Data Controller**
**elKYC OÜ**\
**Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151**\
**VAT: EE102339501**
****
**Owner contact email:**
## Full policy
## Owner and Data Controller
**elKYC OÜ**\
**Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151**\
**VAT: EE102339501**
****
**Owner contact email:**
## Types of Data collected
Among the types of Personal Data that Allpass.ai collects, by itself or through third parties, there are: first name; last name; email address; various types of Data; password; phone number; Tracker; Usage Data; Data communicated while using the service; device logs; device information; username; Data communicated in order to use the Service; Universally unique identifier (UUID); crash data.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.\
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using Allpass.ai.\
Unless specified otherwise, all Data requested by Allpass.ai is mandatory and failure to provide this Data may make it impossible for Allpass.ai to provide its services. In cases where Allpass.ai specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.\
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.\
Any use of Cookies – or of other tracking tools – by Allpass.ai or by the owners of third-party services used by Allpass.ai serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.
Users are responsible for any third-party Personal Data obtained, published or shared through Allpass.ai and confirm that they have the third party's consent to provide the Data to the Owner.
## Mode and place of processing the Data
### Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.\
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of Allpass.ai (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
### Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
* Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
* provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
* processing is necessary for compliance with a legal obligation to which the Owner is subject;
* processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
* processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
### Place
The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
### Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
* Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
* Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
## The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Contacting the User, Data transfer outside the EU, Registration and authentication provided directly by Allpass.ai, Analytics, Beta Testing, Hosting and backend infrastructure, Infrastructure monitoring, Managing support and contact requests, Displaying content from external platforms, SPAM protection, Registration and authentication, Managing contacts and sending messages, Traffic optimization and distribution and Information collection.
For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.
## Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
* **Analytics**
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
**Analytics collected directly (Allpass.ai)**
Allpass.ai uses an internal analytics system that does not involve third parties.
Personal Data processed: Tracker; Usage Data.
**Google Analytics (Google Ireland Limited)**
Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilizes the Data collected to track and examine the use of Allpass.ai, to prepare reports on its activities and share them with other Google services.\
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data processed: Tracker; Usage Data.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy) – [Opt Out](https://tools.google.com/dlpage/gaoptout?hl=en).
* **Beta Testing**
This type of service makes it possible to manage User access to Allpass.ai, or parts of it, for the purpose of testing a certain feature or the entire Application.\
The service provider may automatically collect data related to crashes and statistics related to the User's use of Allpass.ai in a personally identifiable form.
**Google Play Beta Testing (Google Ireland Limited)**
Google Play Beta Testing is a beta testing service provided by Google Ireland Limited.
Personal Data processed: Data communicated while using the service; device information; device logs; Tracker; Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
* **Contacting the User**
**Contact form (Allpass.ai)**
By filling in the contact form with their Data, the User authorizes Allpass.ai to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
Personal Data processed: email address; first name; last name.
**Phone contact (Allpass.ai)**
Users that provided their phone number might be contacted for commercial or promotional purposes related to Allpass.ai, as well as for fulfilling support requests.
Personal Data processed: phone number.
**Mailing list or newsletter (Allpass.ai)**
By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning Allpass.ai. Your email address might also be added to this list as a result of signing up to Allpass.ai or after making a purchase.
Personal Data processed: email address; first name; last name; phone number.
* **Data transfer outside the EU**
The Owner is allowed to transfer Personal Data collected within the EU to third countries (i.e. any country not part of the EU) only pursuant to a specific legal basis. Any such Data transfer is based on one of the legal bases described below.\
Users can inquire with the Owner to learn which legal basis applies to which specific service.
**Data transfer abroad based on consent (elKYC)**
If this is the legal basis, Personal Data of Users shall be transferred from the EU to third countries only if the User has explicitly consented to such transfer, after having been informed of the possible risks due to the absence of an adequacy decision and appropriate safeguards.\
In such cases, the Owner shall inform Users appropriately and collect their explicit consent via Allpass.ai.
Personal Data processed: various types of Data.
* **Displaying content from external platforms**
This type of service allows you to view content hosted on external platforms directly from the pages of Allpass.ai and interact with them.\
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
**Font Awesome (Fonticons, Inc. )**
Font Awesome is a typeface visualization service provided by Fonticons, Inc. that allows Allpass.ai to incorporate content of this kind on its pages.
Personal Data processed: Usage Data.
Place of processing: United States – [Privacy Policy](https://fontawesome.com/privacy).
**Google Fonts (Google Ireland Limited)**
Google Fonts is a typeface visualization service provided by Google Ireland Limited that allows Allpass.ai to incorporate content of this kind on its pages.
Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
**YouTube IFrame Player (Google Ireland Limited)**
YouTube IFrame Player is a video content visualization service provided by Google Ireland Limited that allows Allpass.ai to incorporate content of this kind on its pages.
Through this Service, Allpass.ai may collect Data directly or indirectly on or from Users’ devices, including by making use of trackers. Users may restrict such access to their Data via the [security settings page](https://security.google.com/settings/security/permissions) provided by Google. Users may ask the Owner for further information about these privacy settings at any time through the contact details provided in this document.
Data collected through the Service may also be used to help third parties deliver interest-based advertising. Users can opt out of third-party interest-based advertising through their device settings or by visiting the [Network Advertising Initiative opt-out page](http://optout.networkadvertising.org/?c=1).
Personal Data processed: Data communicated in order to use the Service; username.
Place of processing: Ireland – [Privacy Policy](http://www.google.com/policies/privacy) – [Opt out](https://security.google.com/settings/security/permissions).
* **Hosting and backend infrastructure**
This type of service has the purpose of hosting Data and files that enable Allpass.ai to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of Allpass.ai.
Some services among those listed below, if any, may work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
**iubenda Consent Solution (iubenda srl)**
iubenda Consent Solution is a service that facilitates the collection and management of proofs of consent provided by iubenda srl.
Personal Data processed: Data communicated while using the service.
Place of processing: Italy – [Privacy Policy](https://www.iubenda.com/privacy-policy/252372).
**Openshift (Red Hat, Inc.)**
Openshift is a hosting and backend service provided by Red Hat, Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://www.redhat.com/en/about/privacy-policy).
**DigitalOcean (DigitalOcean Inc.)**
DigitalOcean is a hosting service provided by DigitalOcean Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: Germany – [Privacy Policy](https://www.digitalocean.com/legal/privacy-policy/).
**Amazon Web Services (AWS) (Amazon Web Services, Inc.)**
Amazon Web Services (AWS) is a hosting and backend service provided by Amazon Web Services, Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://aws.amazon.com/compliance/data-privacy-faq/).
* **Information collection**
**Customer verification**
Customized questionnaire is used for Personal Data and documents collection in order to provide Allpass.ai service of customer verification.
Questionnaires and types of collected information and documents (the "User Content") may vary for Users depending on the purpose of verification of such Users.
Documents collected: ID documents, including but not limited to scanned copies of passports, ID cards, TIN, etc.
Information collected: different types of information, including but not limited to name, surname, address, phone number, email, date of establishment of account, date of birth, gender, employment status, employer information, applicable language, sessions times and dates, changes to the questionnaire, etc.
You can find more information about collecting User Content in your Account at Allpass.ai.
* **Infrastructure monitoring**
This type of service allows Allpass.ai to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.\
Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of Allpass.ai.
**Sentry (Functional Software, Inc. )**
Sentry is a monitoring service provided by Functional Software, Inc. .
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://sentry.io/privacy/).
**Crashlytics (Google Ireland Limited)**
Crashlytics is a monitoring service provided by Google Ireland Limited.
Personal Data processed: crash data; device information; Universally unique identifier (UUID).
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
* **Managing contacts and sending messages**
This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.\
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
**Twilio (Twilio, Inc.)**
Twilio is a phone numbers management and communication service provided by Twilio, Inc.
Personal Data processed: phone number.
Place of processing: United States – [Privacy Policy](https://www.twilio.com/legal/privacy).
* **Managing support and contact requests**
This type of service allows Allpass.ai to manage support and contact requests received via email or by other means, such as the contact form.\
The Personal Data processed depend on the information provided by the User in the messages and the means used for communication (e.g. email address).
**Helpshift (Helpshift Inc.)**
Helpshift is a support and contact request management service provided by Helpshift Inc.
Personal Data processed: Data communicated while using the service; various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://www.helpshift.com/legal/privacy/).
* **Registration and authentication**
By registering or authenticating, Users allow Allpass.ai to identify them and give them access to dedicated services.\
Depending on what is described below, third parties may provide registration and authentication services. In this case, Allpass.ai will be able to access some Data, stored by these third-party services, for registration or identification purposes.\
Some of the services listed below may also collect Personal Data for targeting and profiling purposes; to find out more, please refer to the description of each service.
**Google OAuth (Google Ireland Limited)**
Google OAuth is a registration and authentication service provided by Google Ireland Limited and is connected to the Google network.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
* **Registration and authentication provided directly by Allpass.ai**
By registering or authenticating, Users allow Allpass.ai to identify them and give them access to dedicated services. The Personal Data is collected and stored for registration or identification purposes only. The Data collected are only those necessary for the provision of the service requested by the Users.
**Direct registration (Allpass.ai)**
The User registers by filling out the registration form and providing the Personal Data directly to Allpass.ai.
Personal Data processed: email address; password; phone number.
* **SPAM protection**
This type of service analyzes the traffic of Allpass.ai, potentially containing Users' Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.
**Google reCAPTCHA (Google Ireland Limited)**
Google reCAPTCHA is a SPAM protection service provided by Google Ireland Limited.\
The use of reCAPTCHA is subject to the Google [privacy policy](https://www.google.com/policies/privacy/) and [terms of use](https://www.google.com/intl/en/policies/terms/).
Personal Data processed: Tracker; Usage Data.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
* **Traffic optimization and distribution**
This type of service allows Allpass.ai to distribute their content using servers located across different countries and to optimize their performance.\
Which Personal Data are processed depends on the characteristics and the way these services are implemented. Their function is to filter communications between Allpass.ai and the User's browser.\
Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain Personal Information of the User are transferred.
**Cloudflare (Cloudflare Inc.)**
Cloudflare is a traffic optimization and distribution service provided by Cloudflare Inc.\
The way Cloudflare is integrated means that it filters all the traffic through Allpass.ai, i.e., communication between elKYC and the User's browser, while also allowing analytical data from Allpass.ai to be collected.
Personal Data processed: Tracker; various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://www.cloudflare.com/privacypolicy/).
## Further information about Personal Data
* **iubenda Cookie Solution (consent Cookie)**
iubenda consent Cookie (\_iub\_cs-X) is set by the iubenda Cookie Solution and stores User preferences related to Trackers in the local domain.
* **Personal Data collected through sources other than the User**
The Owner of Allpass.ai may have legitimately collected Personal Data relating to Users without their knowledge by reusing or sourcing them from third parties on the grounds mentioned in the section specifying the legal basis of processing.\
Where the Owner has collected Personal Data in such a manner, Users may find specific information regarding the source within the relevant sections of this document or by contacting the Owner.
* **Preference Cookies**
Preference Cookies store the User preferences detected on Allpass.ai in the local domain such as, for example, their timezone and region.
* **Push notifications**
Allpass.ai may send push notifications to the User to achieve the purposes outlined in this privacy policy.
Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for Allpass.ai, some or all of the apps on the particular device.\
Users must be aware that disabling push notifications may negatively affect the utility of Allpass.ai.
* **Push notifications based on the User's geographic location**
Allpass.ai may use the User's geographic location to send push notifications for the purposes outlined in this privacy policy.
Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then changing those settings for some or all of the apps on the particular device.
Users must be aware that disabling push notifications may negatively affect the utility of Allpass.ai.
* **Unique device identification**
Allpass.ai may track Users by storing a unique identifier of their device, for analytics purposes or for storing Users' preferences.
## The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
* **Withdraw their consent at any time.** Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
* **Object to processing of their Data.** Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
* **Access their Data.** Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
* **Verify and seek rectification.** Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
* **Restrict the processing of their Data.** Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
* **Have their Personal Data deleted or otherwise removed.** Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
* **Receive their Data and have it transferred to another controller.** Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
* **Lodge a complaint.** Users have the right to bring a claim before their competent data protection authority.
### Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
### How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
## Cookie Policy
Allpass.ai uses Trackers. To learn more, the User may consult the [Cookie Policy](/cookie-policy).
## Additional information about Data collection and processing
### Legal action
The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of Allpass.ai or the related Services.\
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
### Additional information about User's Personal Data
In addition to the information contained in this privacy policy, Allpass.ai may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
### System logs and maintenance
For operation and maintenance purposes, Allpass.ai and any third-party services may collect files that record interaction with Allpass.ai(System logs) use other Personal Data (such as the IP Address) for this purpose.
### Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
### How “Do Not Track” requests are handled
Allpass.ai does not support “Do Not Track” requests.\
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
### Changes to this privacy policy
The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within Allpass.ai and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
### Definitions and legal references
#### Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
#### Usage Data
Information collected automatically through Allpass.ai (or third-party services employed in Allpass.ai), which can include: the IP addresses or domain names of the computers utilized by the Users who use Allpass.ai, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
#### User
The individual using Allpass.ai who, unless otherwise specified, coincides with the Data Subject.
#### Data Subject
The natural person to whom the Personal Data refers.
#### Data Processor (or Data Supervisor)
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
#### Data Controller (or Owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of Allpass.ai. The Data Controller, unless otherwise specified, is the Owner of Allpass.ai.
#### Allpass.ai (or this Application)
The means by which the Personal Data of the User is collected and processed.
#### Service
The service provided by Allpass.ai as described in the relative terms (if available) and on this site/application.
#### European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
#### Cookie
Cookies are Trackers consisting of small sets of data stored in the User's browser.
#### Tracker
Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device.
#### Legal information
This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
This privacy policy relates solely to Allpass.ai, if not stated otherwise within this document.
# Privacy Policy of elKYC
## Policy summary
## Personal Data collected for the following purposes and using the following services:
* * **Analytics**
* **Analytics collected directly and Google Analytics**
Personal Data: Tracker; Usage Data
* **Beta Testing**
* **Google Play Beta Testing**
Personal Data: Data communicated while using the service; device information; device logs; Tracker; Usage Data; various types of Data as specified in the privacy policy of the service
* **Contacting the User**
* **Contact form**
Personal Data: email address; first name; last name
* **Phone contact**
Personal Data: phone number
* **Mailing list or newsletter**
Personal Data: email address; first name; last name; phone number
* **Data transfer outside the EU**
* **Data transfer abroad based on consent**
Personal Data: various types of Data
* **Displaying content from external platforms**
* **Font Awesome**
Personal Data: Usage Data
* **Google Fonts**
Personal Data: Usage Data; various types of Data as specified in the privacy policy of the service
* **YouTube IFrame Player**
Personal Data: Data communicated in order to use the Service; username
* **Hosting and backend infrastructure**
* **iubenda Consent Solution**
Personal Data: Data communicated while using the service
* **Openshift, DigitalOcean and Amazon Web Services (AWS)**
Personal Data: various types of Data as specified in the privacy policy of the service
* **Information collection**
* **Customer verification**
* **Infrastructure monitoring**
* **Sentry**
Personal Data: various types of Data as specified in the privacy policy of the service
* **Crashlytics**
Personal Data: crash data; device information; Universally unique identifier (UUID)
* **Managing contacts and sending messages**
* **Twilio**
Personal Data: phone number
* **Managing support and contact requests**
* **Helpshift**
Personal Data: Data communicated while using the service; various types of Data as specified in the privacy policy of the service
* **Registration and authentication**
* **Google OAuth**
Personal Data: various types of Data as specified in the privacy policy of the service
* **Registration and authentication provided directly by elKYC**
* **Direct registration**
Personal Data: email address; password; phone number
* **SPAM protection**
* **Google reCAPTCHA**
Personal Data: Tracker; Usage Data
* **Traffic optimization and distribution**
* **Cloudflare**
Personal Data: Tracker; various types of Data as specified in the privacy policy of the service
## Further information about Personal Data
* * **iubenda Cookie Solution (consent Cookie)**
iubenda consent Cookie (\_iub\_cs-X) is set by the iubenda Cookie Solution and stores User preferences related to Trackers in the local domain.
* **Personal Data collected through sources other than the User**
The Owner of elKYC may have legitimately collected Personal Data relating to Users without their knowledge by reusing or sourcing them from third parties on the grounds mentioned in the section specifying the legal basis of processing.\
Where the Owner has collected Personal Data in such a manner, Users may find specific information regarding the source within the relevant sections of this document or by contacting the Owner.
* **Preference Cookies**
Preference Cookies store the User preferences detected on elKYC in the local domain such as, for example, their timezone and region.
* **Push notifications**
ElKYC may send push notifications to the User to achieve the purposes outlined in this privacy policy.
Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for elKYC, some or all of the apps on the particular device.\
Users must be aware that disabling push notifications may negatively affect the utility of elKYC.
* **Push notifications based on the User's geographic location**
ElKYC may use the User's geographic location to send push notifications for the purposes outlined in this privacy policy.
Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then changing those settings for some or all of the apps on the particular device.
Users must be aware that disabling push notifications may negatively affect the utility of elKYC.
* **Unique device identification**
ElKYC may track Users by storing a unique identifier of their device, for analytics purposes or for storing Users' preferences.
* * **Owner and Data Controller**
**elKYC OÜ**\
**Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151**\
**VAT: EE102339501**
****
**Owner contact email:**
## Full policy
## Owner and Data Controller
**elKYC OÜ**\
**Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151**\
**VAT: EE102339501**
****
**Owner contact email:**
## Types of Data collected
Among the types of Personal Data that elKYC collects, by itself or through third parties, there are: first name; last name; email address; various types of Data; password; phone number; Tracker; Usage Data; Data communicated while using the service; device logs; device information; username; Data communicated in order to use the Service; Universally unique identifier (UUID); crash data.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.\
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using elKYC.\
Unless specified otherwise, all Data requested by elKYC is mandatory and failure to provide this Data may make it impossible for elKYC to provide its services. In cases where elKYC specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.\
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.\
Any use of Cookies – or of other tracking tools – by elKYC or by the owners of third-party services used by elKYC serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.
Users are responsible for any third-party Personal Data obtained, published or shared through elKYC and confirm that they have the third party's consent to provide the Data to the Owner.
## Mode and place of processing the Data
### Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.\
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of elKYC (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
### Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
* Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
* provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
* processing is necessary for compliance with a legal obligation to which the Owner is subject;
* processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
* processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
### Place
The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
### Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
* Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
* Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
## The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Contacting the User, Data transfer outside the EU, Registration and authentication provided directly by elKYC, Analytics, Beta Testing, Hosting and backend infrastructure, Infrastructure monitoring, Managing support and contact requests, Displaying content from external platforms, SPAM protection, Registration and authentication, Managing contacts and sending messages, Traffic optimization and distribution and Information collection.
For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.
## Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
* **Analytics**
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
**Analytics collected directly (elKYC)**
ElKYC uses an internal analytics system that does not involve third parties.
Personal Data processed: Tracker; Usage Data.
**Google Analytics (Google Ireland Limited)**
Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilizes the Data collected to track and examine the use of elKYC, to prepare reports on its activities and share them with other Google services.\
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data processed: Tracker; Usage Data.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy) – [Opt Out](https://tools.google.com/dlpage/gaoptout?hl=en).
* **Beta Testing**
This type of service makes it possible to manage User access to elKYC, or parts of it, for the purpose of testing a certain feature or the entire Application.\
The service provider may automatically collect data related to crashes and statistics related to the User's use of elKYC in a personally identifiable form.
**Google Play Beta Testing (Google Ireland Limited)**
Google Play Beta Testing is a beta testing service provided by Google Ireland Limited.
Personal Data processed: Data communicated while using the service; device information; device logs; Tracker; Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
* **Contacting the User**
**Contact form (elKYC)**
By filling in the contact form with their Data, the User authorizes elKYC to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.
Personal Data processed: email address; first name; last name.
**Phone contact (elKYC)**
Users that provided their phone number might be contacted for commercial or promotional purposes related to elKYC, as well as for fulfilling support requests.
Personal Data processed: phone number.
**Mailing list or newsletter (elKYC)**
By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning elKYC. Your email address might also be added to this list as a result of signing up to elKYC or after making a purchase.
Personal Data processed: email address; first name; last name; phone number.
* **Data transfer outside the EU**
The Owner is allowed to transfer Personal Data collected within the EU to third countries (i.e. any country not part of the EU) only pursuant to a specific legal basis. Any such Data transfer is based on one of the legal bases described below.\
Users can inquire with the Owner to learn which legal basis applies to which specific service.
**Data transfer abroad based on consent (elKYC)**
If this is the legal basis, Personal Data of Users shall be transferred from the EU to third countries only if the User has explicitly consented to such transfer, after having been informed of the possible risks due to the absence of an adequacy decision and appropriate safeguards.\
In such cases, the Owner shall inform Users appropriately and collect their explicit consent via elKYC.
Personal Data processed: various types of Data.
* **Displaying content from external platforms**
This type of service allows you to view content hosted on external platforms directly from the pages of elKYC and interact with them.\
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
**Font Awesome (Fonticons, Inc. )**
Font Awesome is a typeface visualization service provided by Fonticons, Inc. that allows elKYC to incorporate content of this kind on its pages.
Personal Data processed: Usage Data.
Place of processing: United States – [Privacy Policy](https://fontawesome.com/privacy).
**Google Fonts (Google Ireland Limited)**
Google Fonts is a typeface visualization service provided by Google Ireland Limited that allows elKYC to incorporate content of this kind on its pages.
Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
**YouTube IFrame Player (Google Ireland Limited)**
YouTube IFrame Player is a video content visualization service provided by Google Ireland Limited that allows elKYC to incorporate content of this kind on its pages.
Through this Service, elKYC may collect Data directly or indirectly on or from Users’ devices, including by making use of trackers. Users may restrict such access to their Data via the [security settings page](https://security.google.com/settings/security/permissions) provided by Google. Users may ask the Owner for further information about these privacy settings at any time through the contact details provided in this document.
Data collected through the Service may also be used to help third parties deliver interest-based advertising. Users can opt out of third-party interest-based advertising through their device settings or by visiting the [Network Advertising Initiative opt-out page](http://optout.networkadvertising.org/?c=1).
Personal Data processed: Data communicated in order to use the Service; username.
Place of processing: Ireland – [Privacy Policy](http://www.google.com/policies/privacy) – [Opt out](https://security.google.com/settings/security/permissions).
* **Hosting and backend infrastructure**
This type of service has the purpose of hosting Data and files that enable elKYC to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of elKYC.
Some services among those listed below, if any, may work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
**iubenda Consent Solution (iubenda srl)**
iubenda Consent Solution is a service that facilitates the collection and management of proofs of consent provided by iubenda srl.
Personal Data processed: Data communicated while using the service.
Place of processing: Italy – [Privacy Policy](https://www.iubenda.com/privacy-policy/252372).
**Openshift (Red Hat, Inc.)**
Openshift is a hosting and backend service provided by Red Hat, Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://www.redhat.com/en/about/privacy-policy).
**DigitalOcean (DigitalOcean Inc.)**
DigitalOcean is a hosting service provided by DigitalOcean Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: Germany – [Privacy Policy](https://www.digitalocean.com/legal/privacy-policy/).
**Amazon Web Services (AWS) (Amazon Web Services, Inc.)**
Amazon Web Services (AWS) is a hosting and backend service provided by Amazon Web Services, Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://aws.amazon.com/compliance/data-privacy-faq/).
* **Information collection**
**Customer verification**
Customized questionnaire is used for Personal Data and documents collection in order to provide elKYC service of customer verification.
Questionnaires and types of collected information and documents (the "User Content") may vary for Users depending on the purpose of verification of such Users.
Documents collected: ID documents, including but not limited to scanned copies of passports, ID cards, TIN, etc.
Information collected: different types of information, including but not limited to name, surname, address, phone number, email, date of establishment of account, date of birth, gender, employment status, employer information, applicable language, sessions times and dates, changes to the questionnaire, etc.
You can find more information about collecting User Content in your Account at elKYC.
* **Infrastructure monitoring**
This type of service allows elKYC to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.\
Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of elKYC.
**Sentry (Functional Software, Inc. )**
Sentry is a monitoring service provided by Functional Software, Inc. .
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://sentry.io/privacy/).
**Crashlytics (Google Ireland Limited)**
Crashlytics is a monitoring service provided by Google Ireland Limited.
Personal Data processed: crash data; device information; Universally unique identifier (UUID).
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
* **Managing contacts and sending messages**
This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.\
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
**Twilio (Twilio, Inc.)**
Twilio is a phone numbers management and communication service provided by Twilio, Inc.
Personal Data processed: phone number.
Place of processing: United States – [Privacy Policy](https://www.twilio.com/legal/privacy).
* **Managing support and contact requests**
This type of service allows elKYC to manage support and contact requests received via email or by other means, such as the contact form.\
The Personal Data processed depend on the information provided by the User in the messages and the means used for communication (e.g. email address).
**Helpshift (Helpshift Inc.)**
Helpshift is a support and contact request management service provided by Helpshift Inc.
Personal Data processed: Data communicated while using the service; various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://www.helpshift.com/legal/privacy/).
* **Registration and authentication**
By registering or authenticating, Users allow elKYC to identify them and give them access to dedicated services.\
Depending on what is described below, third parties may provide registration and authentication services. In this case, elKYC will be able to access some Data, stored by these third-party services, for registration or identification purposes.\
Some of the services listed below may also collect Personal Data for targeting and profiling purposes; to find out more, please refer to the description of each service.
**Google OAuth (Google Ireland Limited)**
Google OAuth is a registration and authentication service provided by Google Ireland Limited and is connected to the Google network.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
* **Registration and authentication provided directly by elKYC**
By registering or authenticating, Users allow elKYC to identify them and give them access to dedicated services. The Personal Data is collected and stored for registration or identification purposes only. The Data collected are only those necessary for the provision of the service requested by the Users.
**Direct registration (elKYC)**
The User registers by filling out the registration form and providing the Personal Data directly to elKYC.
Personal Data processed: email address; password; phone number.
* **SPAM protection**
This type of service analyzes the traffic of elKYC, potentially containing Users' Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.
**Google reCAPTCHA (Google Ireland Limited)**
Google reCAPTCHA is a SPAM protection service provided by Google Ireland Limited.\
The use of reCAPTCHA is subject to the Google [privacy policy](https://www.google.com/policies/privacy/) and [terms of use](https://www.google.com/intl/en/policies/terms/).
Personal Data processed: Tracker; Usage Data.
Place of processing: Ireland – [Privacy Policy](https://policies.google.com/privacy).
* **Traffic optimization and distribution**
This type of service allows elKYC to distribute their content using servers located across different countries and to optimize their performance.\
Which Personal Data are processed depends on the characteristics and the way these services are implemented. Their function is to filter communications between elKYC and the User's browser.\
Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain Personal Information of the User are transferred.
**Cloudflare (Cloudflare Inc.)**
Cloudflare is a traffic optimization and distribution service provided by Cloudflare Inc.\
The way Cloudflare is integrated means that it filters all the traffic through elKYC, i.e., communication between elKYC and the User's browser, while also allowing analytical data from elKYC to be collected.
Personal Data processed: Tracker; various types of Data as specified in the privacy policy of the service.
Place of processing: United States – [Privacy Policy](https://www.cloudflare.com/privacypolicy/).
## Further information about Personal Data
* **iubenda Cookie Solution (consent Cookie)**
iubenda consent Cookie (\_iub\_cs-X) is set by the iubenda Cookie Solution and stores User preferences related to Trackers in the local domain.
* **Personal Data collected through sources other than the User**
The Owner of elKYC may have legitimately collected Personal Data relating to Users without their knowledge by reusing or sourcing them from third parties on the grounds mentioned in the section specifying the legal basis of processing.\
Where the Owner has collected Personal Data in such a manner, Users may find specific information regarding the source within the relevant sections of this document or by contacting the Owner.
* **Preference Cookies**
Preference Cookies store the User preferences detected on elKYC in the local domain such as, for example, their timezone and region.
* **Push notifications**
ElKYC may send push notifications to the User to achieve the purposes outlined in this privacy policy.
Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for elKYC, some or all of the apps on the particular device.\
Users must be aware that disabling push notifications may negatively affect the utility of elKYC.
* **Push notifications based on the User's geographic location**
ElKYC may use the User's geographic location to send push notifications for the purposes outlined in this privacy policy.
Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then changing those settings for some or all of the apps on the particular device.
Users must be aware that disabling push notifications may negatively affect the utility of elKYC.
* **Unique device identification**
ElKYC may track Users by storing a unique identifier of their device, for analytics purposes or for storing Users' preferences.
## The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
* **Withdraw their consent at any time.** Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
* **Object to processing of their Data.** Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
* **Access their Data.** Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
* **Verify and seek rectification.** Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
* **Restrict the processing of their Data.** Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
* **Have their Personal Data deleted or otherwise removed.** Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
* **Receive their Data and have it transferred to another controller.** Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
* **Lodge a complaint.** Users have the right to bring a claim before their competent data protection authority.
### Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
### How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
## Cookie Policy
ElKYC uses Trackers. To learn more, the User may consult the [Cookie Policy](/cookie-policy).
## Additional information about Data collection and processing
### Legal action
The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of elKYC or the related Services.\
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
### Additional information about User's Personal Data
In addition to the information contained in this privacy policy, elKYC may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
### System logs and maintenance
For operation and maintenance purposes, elKYC and any third-party services may collect files that record interaction with elKYC (System logs) use other Personal Data (such as the IP Address) for this purpose.
### Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
### How “Do Not Track” requests are handled
ElKYC does not support “Do Not Track” requests.\
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
### Changes to this privacy policy
The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within elKYC and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
### Definitions and legal references
#### Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
#### Usage Data
Information collected automatically through elKYC (or third-party services employed in elKYC), which can include: the IP addresses or domain names of the computers utilized by the Users who use elKYC, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
#### User
The individual using elKYC who, unless otherwise specified, coincides with the Data Subject.
#### Data Subject
The natural person to whom the Personal Data refers.
#### Data Processor (or Data Supervisor)
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
#### Data Controller (or Owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of elKYC. The Data Controller, unless otherwise specified, is the Owner of elKYC.
#### elKYC (or this Application)
The means by which the Personal Data of the User is collected and processed.
#### Service
The service provided by elKYC as described in the relative terms (if available) and on this site/application.
#### European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
#### Cookie
Cookies are Trackers consisting of small sets of data stored in the User's browser.
#### Tracker
Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device.
#### Legal information
This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
This privacy policy relates solely to elKYC, if not stated otherwise within this document.
# Terms and Conditions of elKYC
ElKYC is provided by:
**elKYC OÜ**\
**Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151**\
**VAT: EE102339501**
****
**Owner contact email:**
## Information about elKYC
**elKYC provides a quick, secure and intuitive onboarding process and verification of customers. This beta version is aimed only at individual users in order to demonstrate the process onboarding process and verification of customers to potential B2B clients.**
The service of elKYC is divided into two stages:
* customer verification through the elKYC application, uploading data and personal identification documents to your account in the app
* work with uploaded information and documents through your account in elKYC web site.
**Please note that you have only one account for application and for web site. You can use same credentials to log into your account in the application and on the web site.**
**User Content**
When you use elKYC, you upload to elKYC your data and documents (“User Content”). Your User Content belongs to you. These Terms don’t give us any rights to your User Content except as it indicated below.
We need your permission to do things like hosting your User Content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like sharing, organization, editing and deletion of your User Content. To provide these and other features, elKYC accesses and stores your User Content. By accepting these Terms you give us permission to do so, and this permission extends to our affiliates and trusted third parties we work with.
"ElKYC" refers to
* this website, including its subdomains and any other website through which the Owner makes its Service available;
* applications for mobile, tablet and other smart device systems;
* any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
## What the User should know at a glance
* **Usage of elKYC and the Service is age restricted**: to access and use elKYC and its Service the User must be an adult under applicable law.
* The Service/elKYC is only intended for Consumers.
* Minors may access elKYC and use its Service only under parental or adult supervision.
## TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using elKYC.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using elKYC, Users confirm to meet the following requirements:
* Users must qualify as Consumers;
* Users must be recognized as adult by applicable law;
* Minors may only use elKYC under parental or adult supervision;
### Account registration
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.\
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by elKYC.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.\
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
#### Conditions for account registration
Registration of User accounts on elKYC is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
* Accounts registered by bots or any other automated methods are not permitted.
* Unless otherwise specified, each User must register only one account.
* Unless explicitly permitted, a User account may not be shared with other persons.
#### Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
* By using the tools provided for account termination on elKYC.
#### Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
### Content on elKYC
Unless where otherwise specified or clearly recognizable, all content available on elKYC is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on elKYC infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.\
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
#### Rights regarding content on elKYC - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on elKYC, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on elKYC, the User may download, copy and/or share some content available through elKYC for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
### Content provided by Users
The Owner allows Users to upload, share or provide their own content to elKYC.
By providing content to elKYC, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
#### Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on elKYC they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of elKYC as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to elKYC.
Users acknowledge, accept and confirm that all content they provide through elKYC is provided subject to the same general conditions set forth for content on elKYC.
#### Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through elKYC. Users acknowledge and accept that **the Owner does not filter or moderate such content**.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to elKYC:
* if any complaint based on such content is received;
* if a notice of infringement of intellectual property rights is received;
* upon order of a public authority; or
* where the Owner is made aware that the content, while being accessible via elKYC, may represent a risk for Users, third parties and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.\
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through elKYC.
#### Access to provided content
Content that Users provide to elKYC is made available according to the criteria outlined within this section.
**Private content**
Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.
Users may (and are encouraged to) check on elKYC to find details of who can access the content they provide.
### Access to external resources
Through elKYC Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
### Acceptable use
ElKYC and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of elKYC and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to elKYC or the Service, terminating contracts, reporting any misconduct performed through elKYC or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
* violate laws, regulations and/or these Terms;
* infringe any third-party rights;
* considerably impair the Owner’s legitimate interests;
* offend the Owner or any third party.
## TERMS AND CONDITIONS OF SALE
### Paid Products
Some of the Products provided on elKYC, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of elKYC.
### Product description
Prices, descriptions or availability of Products are outlined in the respective sections of elKYC and are subject to change without notice.
While Products on elKYC are presented with the greatest accuracy technically possible, representation on elKYC through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
### Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of elKYC.
### Purchase via app store
ElKYC or specific Products available for sale on elKYC must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
### Contract duration
#### Trial period
Users have the option to test elKYC or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of elKYC may not be available to Users during the trial period.\
Further conditions applicable to the trial period, including its duration, will be specified on elKYC.
The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.
## Liability and indemnification
### EU Users
#### Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
#### Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as elKYC has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
* any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
* damages or losses resulting from interruptions or malfunctions of elKYC due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
* any losses that are not the direct consequence of a breach of the Terms by the Owner;
### US Users
#### Disclaimer of Warranties
**ElKYC is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.**
**Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.**
**The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.**
**The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.**
**Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.**
#### Limitations of liability
**To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for**
* **any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and**
* **any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;**
* **any errors, mistakes, or inaccuracies of content;**
* **personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;**
* **any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;**
* **any interruption or cessation of transmission to or from the Service;**
* **any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;**
* **any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or**
* **the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.**
**This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.**
**Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.**
#### Indemnification
**The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from**
* **User’s use of and access to the Service, including any data or content transmitted or received by User;**
* **User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;**
* **User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;**
* **User’s violation of any statutory law, rule, or regulation;**
* **any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;**
* **User’s wilful misconduct; or**
* **statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.**
## Common provisions
### No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
### Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
### Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of elKYC and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
### Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of elKYC.
### Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to elKYC are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with elKYC are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
### Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
### Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
### Contacts
All communications relating to the use of elKYC must be sent using the contact information stated in this document.
### Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
#### US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
#### EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.\
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
### Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
#### Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
### Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
#### Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
## Dispute resolution
### Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of elKYC or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 10 days of receiving it.
### Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is [available at the following link](http://ec.europa.eu/consumers/odr/).
### Definitions and legal references
#### ElKYC (or this Application)
The property that enables the provision of the Service.
#### Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
#### European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
#### Owner (or We)
Indicates the natural person(s) or legal entity that provides elKYC and/or the Service to Users.
#### Product
A good or service available for purchase through elKYC, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
#### Service
The service provided by elKYC as described in these Terms and on elKYC.
#### Terms
All provisions applicable to the use of elKYC and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
#### User (or You)
Indicates any natural person or legal entity using elKYC.
#### Consumer
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.
# Complaints Policy
Posted on: May, 2026
### 1. Purpose
At Allpass.ai, we are committed to providing reliable and professional KYC/AML compliance services to our business customers. We take all complaints seriously and aim to resolve them fairly, transparently, and promptly.
This Complaints Policy explains how customers may submit complaints regarding our services, platform performance, support, or business practices, and how we handle and resolve such complaints.
### 2. Scope
This policy applies to complaints related to:
* Allpass.ai platform and related services;
* Customer support interactions;
* Service availability or technical issues;
* Billing and contractual matters;
* Data handling concerns related to our services;
* Any other aspect of our relationship with business customers.
This policy does not apply to:
* Requests for technical assistance submitted through standard support channels;
* General feedback or feature requests;
* Matters outside Company’s control or responsibility.
### 3. How to Submit a Complaint
Complaints should be submitted in writing using the following contact details:
Email:
To help us investigate efficiently, please include:
* The word “Complaint” in the subject line of your email;
* Your company name;
* Contact person and contact details;
* A description of the issue;
* Relevant dates, transaction IDs, or screenshots where applicable;
* The outcome you are seeking.
### 4. Complaint Handling Process
Once a complaint is received, Allpass.ai will:
1. Acknowledge receipt of the complaint within a reasonable timeframe;
2. Review the complaint internally and gather relevant information;
3. Contact you if additional details are required;
4. Work toward a fair and appropriate resolution.
We aim to provide a final response within 7 calendar days from receipt of the complaint. If additional time is required due to the complexity of the matter, we will inform you accordingly.
### 5. Resolution Outcomes
Depending on the nature of the complaint, resolutions may include:
* Clarification or explanation;
* Technical remediation;
* Service adjustments;
* Corrective actions;
* Other appropriate remedies where applicable.
Submitting a complaint will not negatively affect your relationship with Allpass.ai.
### 6. Confidentiality
All complaints are handled confidentially and in accordance with applicable EU data protection laws, including the General Data Protection Regulation (GDPR).
Information provided as part of a complaint will only be used for the purpose of investigating and resolving the matter.
### 7. Escalation
If you are not satisfied with the outcome of your complaint, you may request further review by replying to the original complaint correspondence and providing additional information or clarification.
Allpass.ai will conduct an additional internal review where appropriate.
### 8. Policy Updates
Allpass.ai may update this Complaints Policy from time to time to reflect operational, legal, or regulatory changes. Updated versions will be published on our website with a revised effective date.
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