TERMS & CONDITIONS

Overview

These Terms and Conditions (the Terms) are a legal agreement between you (“the customer”) and IDTech  Holdings, Mauritius the owner of the trademark of yes:id, yes:id Services and yes:id SDK. “We”, “us”, and “SDK” means the applicable yes:id using and/or contracting Party.

The Terms govern your use of the SDK Services (as defined below). 

The Terms shall be governed by and interpreted in accordance with the laws of the Republic of Mauritius applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Mauritius with respect to any dispute or claim arising out of or in connection with the Terms. 

The Terms may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms and Terms available in another language, the most current English version of the Terms will prevail.

If any provision, or portion of the provision, in these Terms, is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms, and the Terms will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms. 

SDK services offered in this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”). These Terms apply to all users of the site, including without limitation users who are browsers, suppliers, customers, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - SDK TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of 18, or that you are the age of 18 and over and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services and you may be subjected to claims and be fully liable for any damages as a result of your illicit use of the Service from any competent authority pertaining to the matter.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve

  1.   transmissions over various networks, and 

  2.  changes to conform and adapt to the technical requirements of connecting networks or devices. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our packages are subject to change without notice, although yes:id will endeavor to notify clients at least 30 days prior to the effect of such changes..

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

In the event of pricing changes, for Clients already on a pre-purchased package, the Package Price shall be valid until expiring of the existing license.

 

SECTION 5 - PRODUCTS OR SERVICES 

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF ORDER INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchases per person, or per order. These restrictions may include orders placed by or under the same customer, and the same payment method. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate personal and purchase information for processing purposes using the SDK platform so as to see and use the features available on our demo platform. 

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

  

SECTION 8 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address or phone number, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the SDK is governed by our Privacy Policy. 

 

SECTION 10 - ERRORS, INACCURACIES, AND OMISSIONS

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: 

  1. for any unlawful purpose; 

  2.  to solicit others to perform or participate in any unlawful acts; 

  3.  to violate any international, or national regulations, rules, laws, or local ordinances;

  4.  to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

  6. to submit false or misleading information; 

  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

  8. to collect or track the personal information of others;

  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;

  10. for any obscene or immoral purpose; or 

  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties, fitness for a particular purpose, title, and non-infringement.

In no case shall SDK, ID Tech yes:id, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 13 - REFUND POLICY

We will proceed with a refund strictly for the following circumstances: 1) The product cannot be delivered. 2) The product delivered is different from the product ordered. 3) The product delivered is damaged or discontinued. Provided the above circumstances apply, a refund can be requested and processed anytime between checkout and up to 72 hours after the delivery has been completed.

Refund claims will be reviewed by our team to ensure they are genuine. Refunds will not be granted for circumstances that fall outside this refund policy.

We reserve the right to refuse to serve future orders from customers who breach this refund policy.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless SDK, yes:id, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Mauritius.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@yesid.io

 

Privacy Policy 

This Privacy Policy describes how your personal information is used when you access the SDK web page

PERSONAL AND NON-PERSONAL INFORMATION 

While we do not store any personal information in regards to ID cards, face enrollment, fingerprints, and other details that users may provide in the trial of the demo, beyond the session of the demo, where such information is cached or stored temporarily for processing and demonstrating the features and functionality of the SDK. SDK reserves the right to use such data for training anonymized machine learning training purposes prior to discardment of such details. Such details may be collected through the use of the demo platform. For the avoidance of doubt, all such personal information mentioned above is discarded at the termination of each demo session.

We reserve the rights to store and maintain all non-personal data pertaining to your session and use of the application including but not limited to: a device used, location of login, time of login, and other session-based information. All such information of this type shall be referred to as Non-Personal Information.

 

SDK platform automatically collects certain information from users sessions, including web browser information, IP address, time zone, and cookies installed on user devices. As users browse the site, we reserve the right to collect information about other web pages or products that the users views, what websites or search terms referred the user to the Site, and information about the user interacting with the Site. We refer to this automatically-collected information as “Device Information.”

Additionally, when users make a purchase or attempt to make a purchase through the Site, we collect certain information from the user, including email, and additional comments made on the demo platform.  We refer to this information as “Order Information.”

 

USE OF YOUR PERSONAL AND NON-PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to: Communicate with you; Screen our orders for potential risk or fraud; and When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

 

SHARING YOUR NON-PERSONAL INFORMATION

We may share your Non-Personal Information with third parties to help us optimize our services or if otherwise required by law. We shall not store or share any Personal information with any third party.

We may use your order information in an anonymized manner to improve our targeting, distribution, and value of our services for a commercial purpose. We may share your Nono-Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or another lawful request for information we receive, or to otherwise protect our rights.

 

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

 

YOUR RIGHTS

If you are a European resident, you have the right to access the personal information we hold about you and to ask that your non-personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident, we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe.  

For all other residents, we will uphold best practice policies and will provide a copy of any non-personal data retained upon formal written request and your documented proof as the barer of such non-personal data.

 

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

 

MINORS

The Site is not intended for individuals under the age of 18 years.

 

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

 

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@yesid.io