Terms of Service

These Terms of Service ("Terms") govern your use of Xident's age verification services, website, and related products (collectively, the "Services") provided by Xident B.V. ("Xident," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Definitions

• "End User" means an individual who uses Xident to verify their age
• "Customer" means a business or individual who integrates Xident into their platform
• "Xident ID" means an End User's verified identity profile
• "Verification" means the process of confirming an End User's age

2. Account Registration

For Customers

To use our Services as a Customer, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

For End Users

End Users may create a Xident ID to verify once and access multiple participating sites. By creating a Xident ID, you agree to provide accurate information and consent to our biometric data processing as described in our Privacy Policy.

3. Use of Services

Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. Specifically:

• Customers may integrate our Services to verify End User ages for legitimate business purposes
• End Users may use our Services to verify their age on participating sites

Prohibited Use

You agree not to:

• Use the Services to verify ages for illegal purposes
• Submit false, misleading, or fraudulent verification requests
• Attempt to circumvent our security measures or verification processes
• Use someone else's identity or biometric data without authorization
• Reverse engineer, decompile, or disassemble any part of our Services
• Use automated systems to access the Services without our permission
• Interfere with or disrupt the integrity or performance of the Services

4. Fees and Payment

For Customers

Customers agree to pay fees according to their selected pricing plan. Fees are based on usage (number of verifications) and are billed monthly. All fees are non-refundable except as required by applicable law (including EU/UK consumer cooling-off rights where applicable) or as otherwise stated in these Terms.

• Payment is due within 30 days of invoice date
• We may suspend Services for overdue accounts
• Prices may change with 30 days notice

For End Users

Creating and maintaining a Xident ID is free for End Users. Verification costs are paid by the sites you visit, not by you.

5. Biometric Data Consent

By using our verification Services, you acknowledge that biometric data (facial geometry) constitutes special category data under GDPR Article 9. We process this data only with your explicit consent for the specific purpose of age verification.

• Consent is granular and specific: Consent for biometric processing is collected separately from acceptance of these Terms and from general service terms.
• Client-side processing: For client-side age estimation (Path A), facial analysis runs entirely in your browser and no biometric data is transmitted to our servers.
• Withdrawal: You may withdraw consent at any time without affecting the lawfulness of processing before withdrawal. Withdrawal can be exercised by deleting your Xident ID or contacting privacy@xident.io, which will result in deletion of your biometric data.

6. Intellectual Property

The Services and all content, features, and functionality are owned by Xident and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our written consent.

7. Customer Responsibilities

Customers agree to:

• Use the Services only for lawful age verification purposes
• Comply with all applicable laws, including privacy and data protection laws
• Maintain appropriate notices and obtain necessary consents from End Users
• Not store or retain biometric data received from Xident beyond what's necessary
• Not use verification results for purposes other than age-gating as specified in the Agreement
• Implement appropriate security measures to protect verification data

8. Service Level

We use commercially reasonable efforts to maintain high availability of the Services. Specific SLA terms, including uptime commitments and service credits, are available for Growth and Scale plan customers upon request. Enterprise customers may negotiate custom SLAs. Planned maintenance windows will be communicated in advance.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

While we strive for accuracy, we do not guarantee that all verifications will be 100% accurate. Customers should implement appropriate fallback procedures.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XIDENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO XIDENT IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Nothing in these Terms limits liability that cannot be excluded or limited under applicable law, including liability under data protection legislation, for fraud, or for death or personal injury caused by negligence.

11. Indemnification

You agree to indemnify and hold harmless Xident and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Services or violation of these Terms.

Customer specifically agrees not to use verification results for purposes other than age-gating as specified in the Agreement, and shall indemnify Xident against claims arising from misuse of verification results or failure to obtain required End User consents.

12. Termination

We may terminate or suspend your access to the Services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or us.

You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will cease, and we will delete your data within 30 days, except for data retained in secure backups (deleted within 90 days) or as required by applicable law. For details, see our Privacy Policy.

13. Changes to Terms

We may modify these Terms at any time. We will provide at least 30 days' notice before material changes take effect, through the Services or by email to the address associated with your account. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

14. Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Any disputes will be resolved in the competent courts of Amsterdam, the Netherlands.

15. Dispute Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us. If we cannot resolve the dispute within 30 days, either party may proceed with formal dispute resolution.

EU Consumers

If you are a consumer in the European Union, you have the right to refer disputes to the Online Dispute Resolution platform at ec.europa.eu/consumers/odr. Nothing in these Terms affects your rights under applicable EU consumer protection legislation, including your right to bring proceedings in the courts of your Member State of domicile.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

17. Contact

For questions about these Terms, contact us at:

Xident B.V.
Email: legal@xident.io