Terms of Use

By using the platform provided by Us, You agree to be bound by the Terms of Use, Data Processing Agreement, and Privacy Policy. These terms form a legal agreement between You and the service provider (UAB A.ID Europe) regarding the Service. If You do not agree with the aforementioned You may not use the Service. You may also not use the Service if You are under 18 years old.

If any provisions of these documents may be construed as being in conflict with one another, the following hierarchy of precedence shall be followed for purposes of interpreting and applying the provisions of these Terms of Use: (1) first, Data Processing Agreement; (2) second, Privacy Policy; (3) third, Terms of Use. For the avoidance of doubt, the terms ranked first will take precedence over the terms ranked lower above (for example, the Data Processing Agreement shall take precedence over the Terms of Use). 

If You are entering into these Terms on behalf of an entity, such as Your employer or the company You work for, You represent that You have the legal authority to bind that entity.

• Definitions

The following capitalised terms used in these Terms of Use and other documents, which fall under the definition of Terms, shall be defined as follows.

1. Service Provision
   1. The Service is a secure identification product to help You verify Your identity and, if required, may include completing a verification check with participating Customers that You deal with. You can currently use the Service via two channels:
      1. via the website, which You can use to verify Your identity to a particular participating Customer; or
      2. by using the app (coming soon).
   2. For natural persons, to use the Service, You may be required to have eligible ID documents verifying Your identity. When You provide information about eligible ID documents to us via the Service, we may use an ID verifier to check the details against the records held by the issuing authority and confirm whether the details match.
   3. For legal entities, to use the Service, You may be required to have documents confirming the establishment of Your company. When You provide information about proper establishment to us via the Service, we may make a request to the issuing authorities to verify the details against the records held by the issuing authority and confirm whether the details match.
   4. The number and type of ID documents / establishment documents You need to provide may vary depending on the requirements of the relevant Customer for the particular purpose requiring verification of Your identity / establishment. The Service will prompt You to provide the ID documents / establishment documents required in each case.
   5. You may also be required to validate an email address through the identity verification process. This is a check mechanism that the email address You have supplied to us is under Your control.
   6. You must follow the instructions and directions given by us, including those provided via the Website and the app, in order to use the Service. Your use of the Service will be limited and/or restricted if You do not comply with such instructions.
2. Profile
   1. You must register a Profile in order to use the Services.
   2. The first time You use the Services, You will be guided through the process to register a profile for Your use of the Service.
   3. You can update information at your Profile at any time with no additional costs by following the steps indicated in your Profile, or you can always make a request to our Customer care service at support@a-id.co.
3. Usage
   1. You represent and warrant that You will only provide true, accurate, current and complete information about Yourself as part of Your use of the Service; and You will promptly update the information contained in Your profile to keep it true, accurate, current and complete.
   2. The use of Services is subject to acceptable use policy. You may not misuse the Services or help anyone else do so in any way.
   3. Furthermore, the User must not:
      1. use the Service to use or create a false identity, impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
      2. upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or contractual or fiduciary relationships (such as personal information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      3. attempt to use or access the Service otherwise than through the website, the app or other means expressly approved by us;
      4. link to, frame or mirror any part of the Service without our prior written authorisation;
      5. disrupt the operation of the Service or any infrastructure that we or any Customer operates;
      6. breach or fail to comply with any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
      7. gain unauthorised access to the Service;
      8. copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, the Website, the App, any output from the Website or the App, any files related to the Website or the App, or any part of any of these, other than as expressly provided in these Terms or otherwise permitted by law;
      9. use the Service in connection with the contravention of any local, state, national or international law, whether intentional or not; or
      10. attempt to do any of the foregoing, or allow or cause a third party to do or attempt to do any of the foregoing.
   4. Violations by You, Your company, or any other party authorized to access and use the Services may result in blocked access to or partial or full suspension of Services or other reasonable actions appropriate to address the violation, as determined by us in our sole discretion.
   5. We reserve the right to act without notice when necessary to preserve the stable, secure and uninterrupted operations of the Services, as determined by us in our sole discretion.
   6. We may involve and will cooperate with law enforcement agencies and government agencies if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.
   7. In case of violation of usage, the User shall not be entitled to any compensation.
4. Security and Personal Data
   1. We have implemented technical and organisational measures to ensure a level of security appropriate to the risks presented by the processing, particularly protection against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data. 
   2. Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Data You provide us with. By entering into these Terms You confirm to have reviewed and agree to be bound by the terms of our Privacy Policy.
   3. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect Your information, we do not warrant and cannot ensure the security of any information transmitted using the Service. Nevertheless, once we receive transmissions from You, we will take reasonable steps to preserve the security of such information.
   4. You must ensure Your security credentials remain secure. You must not share Your security credentials (such as an access code) with any other person, or allow any other person to impersonate You.
   5. Whilst we may implement multi-factor authentication, it does not guarantee against unauthorised use of Your profile. You are solely responsible for any use of the Service using Your security credentials, whether or not such use has been authorised by You.
   6. You must take Your own precautions to ensure that the process You employ for accessing the Service does not expose You to the risk of viruses, malicious code or other forms of interference which may damage Your device. We do not accept responsibility for any interference or damage to devices that arise in connection with the use of the Service.
   7. You must notify us immediately by sending an email to support@a-id.co if:
      1. You no longer have access to Your profile; or
      2. You suspect or have reason to believe there has been or might be any unauthorised or fraudulent use of Your profile or any other breach of security.
   8. You acknowledge that a failure to comply with these requirements may affect Your use of the Service and may compromise the security and integrity of Your profile.
5. Limitation of Liability
   1. The User is solely responsible for the maintenance of the part of the access and PIN codes that are in his/her possession.
   2. The User is solely and fully responsible for any consequences of authentication using the platform.
   3. The User is solely liable for any damage caused due to failure or undue performance of his/her obligations specified in the Terms and/or the laws of the Republic of Lithuania.
   4. You acknowledge and agree that:
      1. the Service is provided on an ‘as is’ and ‘as available’ basis;
      2. unless otherwise specified in these Terms or agreed pursuant to a separate written agreement between You and us, we will not be obliged to provide support for the Service, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to Your use of the Service;
      3. the Service cannot be guaranteed to be error-free, and the existence of any such errors will not constitute a breach of these Terms; and
      4. You use the Service at Your own risk.
   5. Except as expressly provided to the contrary in these Terms, and to the full extent permitted by applicable law, we will not be liable to You for any loss, including special, indirect or consequential damages, or claim, arising directly or indirectly from:
      1. the supply of a defective Service;
      2. a failure to provide the Service or any part thereof;
      3. errors or interruptions occurring in the course of using, or as part of, the Service;
      4. corruptions to or loss of data in connection with the Service;
      5. any suspension or discontinuance of the Service;
      6. any use of the Service by other users or any Customer, including any use in a manner which contravenes these Terms; or
      7. a breach of these Terms.
   6. You may have rights under the Lithuanian Consumer Law. Where the law implies a warranty into these Terms of Use which may not lawfully be excluded (in particular warranties under Lithuanian Consumer Law) our liability for breach of such a warranty will be limited to, if applicable, either supplying the Services again or payment of the cost of having the Services supplied again.
   7. You will indemnify us and hold us harmless fully against all liabilities, costs, losses, claims and expenses which we may incur to a third party as a result of Your breach of any of the provisions of these Terms.
6. Proprietary Rights
   1. The Services contain materials that are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties.
   2. We and our licensors retain all right, title and interest in and to all Intellectual Property rights subsisting in the Service and any other Intellectual Property created in connection with these Terms. You agree to do anything necessary to assign any such Intellectual Property rights to us. You may not use any such Intellectual Property, other than as necessary for Your use of the Service, without our express written consent.
   3. These Terms do not constitute a transfer or conveyance of any Intellectual Property owned by us, including but not limited to all Intellectual Property associated with the Service.
   4. You acknowledge that the materials provided in the course of the Service are protected by copyright and may also be protected as other forms of Intellectual Property owned by us or our licensors. You will not during or at any time after the termination of these Terms undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights.
7. Modifications
   1. We have a right to modify these Terms at any time at our sole discretion.
   2. Your continued use of our Services after such changes come into effect constitutes Your binding acceptance of such changes. 
8. Updates and notifications
   1. We may send You Service announcements, administrative messages, notification of updated Terms and other information via the Website or the App in connection with Your use of the Service.
   2. We may from time to time introduce other services that form part of, or complement, the Service. We may also modify or cease offering the Service, or any part thereof, at any time without prior notice to You. We will notify You, and obtain Your consent, before providing any service that attracts a charge.
9. Force Majeure
   1. Except for any payment obligations, neither You nor we will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by a governmental entity, strike, and other causes beyond the party’s reasonable control). 
   2. The party affected by the force majeure event will provide notice to the other party within 5 working days and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
10. Governing Law
    1. These Terms of Use shall be made and interpreted according to the laws of the Republic of Lithuania.
    2. Any disagreements and disputes arising between the User and Service Provider or the Customer regarding these Terms of Use shall be settled by means of amicable endeavours of both Parties. If the agreement cannot be reached, all the unsettled disputes, disagreements and demands arising from these Terms of Use or related to them, their violation, cancellation, or validity, shall be solved in the competent court of the Republic of Lithuania.
    3. The User may also seek for the resolution of the dispute with the Service Provider out of court, through the European Union’s platform for the online dispute resolution accessible via the Internet address http://ec.europa.eu/consumers/odr/ or at the State Consumer Rights Protection Authority: address Vilniaus g. 25, 01402 Vilnius, email: tarnyba@vvtat.lt, tel. +37052626751, website: www.vvtat.lt).
11. Miscellaneous 
    1. We may provide translations of these Terms or other terms or policies. Translations are provided for informational purposes and if there is an inconsistency or conflict between a translation and the English version, the English version will prevail.
12. Termination
    1. We may immediately terminate these Terms and/or Your profile, suspend Your profile and/or Your access to the Service, and refuse future use of the Service, at our discretion, if we form a reasonable belief that You are in breach of these Terms or threaten to breach any part of these Terms, or if:
       1. You do not provide the information required for Your use of the Service;
       2. You provide information that is false, inaccurate, misleading, incomplete or not current;
       3. You have engaged in any fraudulent behaviour or misconduct;
       4. Your Profile has been compromised; or
       5. we have reasonable grounds to suspect any of 12.1.1.-12.1.4. above.
    2. We may suspend or terminate the Service or access to it, at our discretion, if we deem it necessary or prudent to do so:
       1. in order to preserve the integrity and security of the Service, the data collected from it, or any of our or a Customer's equipment or systems;
       2. for legal reasons, including any change in the law;
       3. due to circumstances beyond our (or the App provider's or any of our sub-contractors') reasonable control, including disruption to network connections or equipment, loss of ID verifier services, denial of service attacks, strikes, lock-outs, labour disputes, acts of God, acts of nature, acts of government or their agencies, fire, flood, storm, riots, power shortages or power failure, war, terrorist acts, sabotage, or inability to obtain sufficient labour, raw materials, fuel or utilities; or
       4. in order to perform support or maintenance of any infrastructure, systems or software used by us, the App provider or sub-contractors to provide the Service.
    3. We may suspend or terminate an element of the Service if our access to any element of the Service that is provided by a third party provider is suspended or terminated.
    4. If we terminate or suspend the Service, Your profile or these Terms, You may not be able to use the Website or the App at all, or such use may be restricted, or You may not be able to access Your profile.
    5. You are under no obligation to continue using the Services. If You no longer wish to use the Services, You may delete Your profile.
13. Contact us
    1. If You have any questions, concerns or complaints about these Terms of Use or Services, You may contact us via e-mail at support@a-id.co. We will respond to Your query no later than within 30 calendar days.
    2. If You are dissatisfied with our response to Your query, You can always submit a complaint to the Communications Regulatory Authority of the Republic of Lithuania via e-mail rrt@rrt.lt (internet site https://www.rrt.lt) or the State Consumer Rights Protection Authority via e-mail tarnyba@vvtat.lt (internet site http://www.vvtat.lt) in case You qualify as a consumer.