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 Technologies Inc. ("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 law 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 consent to the collection and processing of your biometric data (facial geometry) for identity verification purposes. This consent is required to use our Services. You may withdraw consent at any time by deleting your Xident ID, 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
• Implement appropriate security measures to protect verification data

8. Service Level

For paid plans, we commit to 99.9% uptime measured monthly. If we fail to meet this commitment, eligible Customers may receive service credits as described in our SLA documentation. Enterprise customers may negotiate custom SLAs.

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.

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.

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 as described in our Privacy Policy.

13. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes through the Services or by email. 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 State of California, United States, without regard to conflict of law principles. Any disputes will be resolved in the state or federal courts located in San Francisco County, California.

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.

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 Technologies Inc.
548 Market St, Suite 95234
San Francisco, CA 94104
Email: legal@xident.io