ZOLOZ™ TERMS OF USE FOR SERVICES USERS

Effective Date: March 14, 2018.

The Services described below are provided by ZOLOZ, which refers to a family of companies worldwide doing business under the ZOLOZ brand, including the ZOLOZ parent company, Zoloz Co., Ltd, a company incorporated under the laws of the Cayman Islands and having its registered office at PO Box 309, Ugland House, Grand Cayman, KY1-1104, Cayman Islands.  The terms “we”, “us”, “our” and “ZOLOZ” refer collectively to ZOLOZ-branded companies worldwide, their Affiliates, successors and assigns.  “Affiliates” means other entities that control, are controlled by, or are under common control with ZOLOZ-branded companies worldwide.

These Services Terms of Use (“Terms of Use”) are a posted as a general description only, so that our users may access information regarding our Services terms and conditions easily for review at any time. Prior to your enrollment in any ZOLOZ Services, however, you will be presented with country-specific Services Terms of Use (“Country Terms of Use”), to which you must agree prior to being allowed to access and use the ZOLOZ Services.  The Country Terms of Use to which you agree are the official and only agreement between you and ZOLOZ regarding the Services in which you enroll.  If there are any differences between your Country Terms of Use and these Services Terms of Use, your Country Terms of Use apply.   Should you require any clarifications, please contact us at info@zoloz.com. 

These Terms of Use summarize the Country Terms of Use that govern access to and use of Authentication, Authorization, and Identity Verification services (“Services”), which may be available when you use certain mobile apps, websites, or online platforms offered by third parties (“Third Party Apps”) through ZOLOZ-supported mobile devices, kiosks, cameras, booths or other electronic or computing equipment (“Devices”).  ZOLOZ provides the Services through software applications, websites, mobile applications, and offline and online platforms that we own or control, as may also be described on our website at www.zoloz.com (“ZOLOZ Site”) (the ZOLOZ Site and all of these technologies are referred to collectively in this Terms of Use as the “ZOLOZ Platform”). 

The ZOLOZ Services verify your online identity to make it easy and safe for you to sign up for and sign in to mobile apps, websites, and online platforms (“Third Party Services”) offered by or through Third Party Apps. ZOLOZ collects and uses your personally identifiable information to validate that you are you when you want to sign up for certain Third Party Services.  We do this by validating that personal information provided by you or your Device in a particular instance, on the one hand, matches personal information about you previously collected by ZOLOZ, on the other hand. (“Authentication”).  We also use that Authentication to assist our customers and other third party digital services providers to authorize your use of their Third Party Services whenever you sign in later (“Authorization”).  We have a separate service that helps you verify your identity when you need to because of government regulations or industry requirements (“Identity Verification”).  We do this by verifying that evidence you present to prove your name, date of birth, nationality, address and other facts that identify you – for example, a government-issued ID, driver’s license, or passport – is genuine, correct, and valid when compared with the official sources. 

Our Services may not be available to people of every country in every country, so if you are not able to register to use this Service, the reason might be that this Service is not available in your area.  To use our Services in your home country you agree that you are a citizen of that country, and are not a dual citizen of any other country.

Please read these Terms of Use carefully before using our Services. Should you require any clarifications regarding the Terms of Use, please contact us at info@zoloz.com.

1. YOUR AGREEMENT TO THESE TERMS OF USE; changes to the terms of use

Access to and use of the Services is conditioned upon your agreement to these Terms of Use and our Privacy Notice.  These Terms of Use may be amended by the ZOLOZ from time to time. On your next login after these Terms of Use are amended, you may be required to accept the revised Terms of Use before you proceed, or we may send an email or post a notice advising you to review the new Terms of Use.  The updated version of the Terms of Use shall take effect immediately upon posting. 

By clicking “ACCEPT” or otherwise indicating that you accept the Terms of Use and Privacy Notice, or by registering for or otherwise accessing or using Services, you acknowledge that you have read, understand, and agree to be legally bound by the Terms of Use and Privacy Notice, as they may be amended from time to time. If we make any material changes we will provide notices by email or by posting a notice in your ZOLOZ account or on the ZOLOZ Site, and the updated version of the Terms of Use or Privacy Notice shall take effect as described in the applicable notice. Each time you use the Services, you confirm that you agree to be bound by the Terms of Use and Privacy Notice as amended.  

IF YOU DO NOT AGREE TO THE TERMS OF USE AND PRIVACY NOTICE, YOU WILL NOT BE PERMITTED TO USE THE ZOLOZ SERVICES.

2. HOW OUR SERVICES WORK

Our Services collect, use and store Personal Data as described in our Privacy Notice, which may include your Biometric Data, Behavioural Data, Knowledge/Objects Data and User ID Data (all as defined in our Privacy Notice) (collectively “Your Restricted Data”).  Following your registration for a particular Service, ZOLOZ uses Your Restricted Data in order to provide Authentication, Authorization, and Identity Verification Services relating to your use of Third Party Apps and Third Party Services provided by our customers and other third party digital services providers (“Third Party Providers”).

ZOLOZ grants to you a limited, nonexclusive, non-assignable, non-transferable license to access and use the ZOLOZ Platform and Services solely for Authentication, Authorization, and Identity Verification Services relating to your use of Third Party Apps and Third Party Services through Devices. All rights not otherwise expressly granted by these Terms of Use are reserved by us. You acknowledge and agree that the ZOLOZ has no relationship with you other than to provide the Services under these Terms of Use.

3. ELIGIBILITY

The ZOLOZ Platform and the Services are not available to persons under the age of 18 or to anyone previously suspended or removed by ZOLOZ from accessing the ZOLOZ Platform or using the Services. By accepting these Terms of Use, you represent and warrant that you are at least 18 years of age and have the right, authority, and legal capacity to accept and abide by these Terms of Use, under the laws of the country in which the Services are provided. If, at any time, ZOLOZ is of the opinion that you do not satisfy the eligibility criteria, are not a citizen of the country in which the Services are provided, or that you have made any misrepresentation about your eligibility, it retains the right to disable your access to the ZOLOZ Platform and the Services immediately. In order to use the Services, you must register with us by creating an account on the ZOLOZ Platform (“ZOLOZ Account”).

4. COMMUNICATIONS WITH YOU

ZOLOZ may send messages to you about the Services. ZOLOZ may also send messages to you about other products and services that may be of interest to you that are offered by us or our Third Party Providers, but solely as permitted in the Privacy Notice (collectively, “Messages”).  ZOLOZ may provide Messages to you by contacting you by telephone, text (sms), e-mail, post or fax. Alternatively, ZOLOZ may send you Messages via notifications to all Devices on which applicable Third Party Apps are installed.  All of the foregoing are referred to collectively as your “Communication Channels”.  You acknowledge that:

  • you are consenting to receive Messages through all your Communication Channels;
  • if Messages are in the form of text messages, they might be received only if your mobile device is switched on and enabled to receive text messages;
  • if Messages are in the form of e-mails, they might be received only if the e-mail servers and e-mail addresses are functional; and
  • if Messages are in the form of Device notifications, they might be received only if you have enabled the receipt of such notifications in your device.

If your device is off, the e-mail servers or email addresses are not functional, or the notifications feature on your device has been turned off, then you may not get the Messages at all, or you may get delayed Messages. You are responsible for checking the information in your ZOLOZ Account periodically to ensure that it is accurate, and to ensure that we have the correct information regarding communicating Messages to you. ZOLOZ shall not be under any obligation to confirm the authenticity of the person(s) receiving any Messages.

This notification service is provided for your convenience and it may be susceptible to error, omission or inaccuracy. In the event that you observe any error in the information provided in the Messages, you must immediately inform ZOLOZ and we will use our commercially reasonable efforts to rectify the error. The clarity, readability, accuracy and promptness of providing the Messages depends on many factors, including the infrastructure and connectivity of your service provider. ZOLOZ shall not be responsible for any non-delivery, delayed delivery or distortion of the Messages in any way whatsoever.

5. USE OF THE ZOLOZ PLATFORM AND THE SERVICES

You understand that, except for the ZOLOZ Platform and the Services, we do not operate, control, or endorse any information, products or services on or off the Internet in any way, including those of any Third Party Apps or Third Party Services offering the ZOLOZ Services. By accessing the ZOLOZ Platform and availing yourself of the Services, you agree not to:

  • violate these Terms of Use;
  • provide false, inaccurate or misleading information;
  • use the ZOLOZ Platform or the Services to impersonate any person, misrepresent your affiliation with, defraud or violate any rights of ZOLOZ, our Third Party Providers, other users, or any third parties, or engage in other unlawful activities
  • use the ZOLOZ Platform or the Services in a manner that may result in complaints, disputes, claims, penalties, reversals, chargebacks, fees, fines, penalties or other liability to ZOLOZ, our Third Party Providers, or other users;
  • use the ZOLOZ Platform or the Services for any purpose that may be deemed by us to be threatening, abusive, harassing, defamatory, libelous, deceptive, invasive of another’s privacy (including stalking), tortious, containing explicit or graphic descriptions or accounts of sexual acts (including sexual language), or for any purpose that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • use any robot, spider, other automatic device, or manual process to monitor or copy the ZOLOZ Platform (or any data or information within the ZOLOZ Platform);
  • take (either directly or through a third party) any action that imposes an unreasonably or disproportionately large load on the ZOLOZ Platform or the infrastructure or networks of our Third Party Providers, or that could otherwise disable or overburden the foregoing;
  • forge or manipulate headers, identifiers, metadata or other data in order to disguise or modify the origin or particulars of any content transmitted through the ZOLOZ Platform, or to manipulate your presence on the ZOLOZ Platform;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the ZOLOZ Platform or the Services, or features that enforce limitations on the use of the ZOLOZ Platform or the Services;
  • intentionally interfere with or damage the ZOLOZ Platform or the infrastructure or networks of our Third Party Providers by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious codes or files with contaminating or destructive features;
  • collect or store personal information about other users;
  • use the ZOLOZ Platform or the Services for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

Any violation of this clause may lead to the immediate suspension of your ZOLOZ Account, without notice and at our sole discretion. 

6. OWNERSHIP BY ZOLOZ; RESTRICTIONS

The ZOLOZ Platform and the Services are owned, controlled, or operated by ZOLOZ and our licensors. The interfaces, graphics, design, compilation, information, computer code (including source code and object code), structure, organization, and all other elements and technology related to the ZOLOZ Platform and the Services are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property laws and regulations. Accordingly, you shall not, either directly or through any third party: (1) make copies of all or any part of the ZOLOZ Platform or the Services; (2) modify, translate, adapt, or otherwise create derivative works of or improvements to the ZOLOZ Platform or the Services; (3) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the ZOLOZ Platform or of any part thereof; (4) remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices on the ZOLOZ Platform or the Services; (5) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the ZOLOZ Platform or the Services, or any features or functionality of the ZOLOZ Platform or the Services, to any third party for any reason; or (6) access or utilize the ZOLOZ Platform or the Services for competitive purposes or to develop software or services competitive with the ZOLOZ Platform or the Services.

7. ACCOUNT SECURITY

You are responsible for all activities and transmissions through your ZOLOZ Account and under your ZOLOZ Account username. You are solely responsible for maintaining the security and confidentiality of the information required to access your ZOLOZ Account, the ZOLOZ Platform and the Services. You must immediately notify ZOLOZ of any unauthorised use of your information or any other breach of security.

8. NO WARRANTIES

ZOLOZ makes no guarantee as to availability, quality or service levels of the ZOLOZ Platform or the Services, or promise of uninterrupted access to the ZOLOZ Platform or the Services. You understand that disruptions of the Services may arise due to technical or operational difficulties, and no prior notice of downtime will be given to you in such circumstance. You also understand that ZOLOZ cannot and does not guarantee or warrant that the ZOLOZ Platform or the Services will be free of viruses, worms or other code that may be damaging.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE ZOLOZ PLATFORM, AND ANY UPDATES ARE PROVIDED “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS”, AND WITHOUT WARRANTY OF ANY KIND.  ZOLOZ HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, THE ZOLOZ PLATFORM, AND ANY UPDATES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, (1) ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND (2) ANY AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, GUARANTEE, OR REPRESENTATION AS TO RESULTS, PERFORMANCE, RELIABILITY, CORRECTNESS, INTEROPERABILITY, FUNCTIONALITY, SUITABILITY, ACCURACY, COMPLETENESS, OR SECURITY, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

9. THIRD PARTIES

Our Services are limited to authenticating or verifying your identity or credentials when you access or use Third Party Apps and Third Party Services, and we are in no way responsible any Third Party Apps or Third Party Services and do not guarantee the content, products or services of any third party sites, Third Party Apps, or Third Party Services that you may access while using the ZOLOZ Services. You may be required to accept and agree to separate terms of use for such third party sites, Third Party Apps or Third Party Services. Please make sure to read the applicable Third Party Provider terms of use and privacy policies and notices carefully. You hereby acknowledge that access and use third party sites, Third Party Apps or Third Party Services entirely at your own risk and expense. 

ZOLOZ does not guarantee that other users of the Services will comply with these Terms of Use. You hereby assume all risk of any harm or injury which may result to you on account of such non-compliance by third party users.  You hereby agree to use the ZOLOZ Platform and the Services at your sole risk and judgment.

Any dispute between you and any Affiliate, Third Party Provider, or other third party relating to use of the ZOLOZ Platform or the Services shall not be the responsibility ZOLOZ. ZOLOZ shall not be liable in any way for any Affiliate or third party action or inaction, whether related to the use of the ZOLOZ Platform, the Services or otherwise.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ZOLOZ BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, REVENUE, DATA, REPUTATION OR GOODWILL, OR FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER RELATING TO THESE TERMS OF USE, THE ZOLOZ PLATFORM, THE SERVICES, ANY UPDATES, OR ANY THIRD PARTY APPS. THIRD PARTY SERVICES, OR THIRD PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO AVAIL YOURSELF OF ANY OF THE FOREGOING.   THESE DISCLAIMERS APPLY WHETHER LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND EVEN IF THE ZOLOZ WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU ACKNOWLEDGE THAT THESE TERMS OF USE REFLECT AN APPROPRIATE ALLOCATION OF RISK, AND THAT THE ZOLOZ WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. YOU AGREE THAT OUR AFFILIATES, LICENSORS, THIRD PARTY PROVIDERS, AND VENDORS, WILL HAVE NO LIABILITY OF ANY KIND UNDER OR AS A RESULT OF THESE TERMS OF USE.

11. INDEMNITY

You hereby agree to keep and hold ZOLOZ, its Affiliates, and their directors, officers, employees and agents, fully indemnified and harmless from and against all claims, proceedings, penalties, damages, losses, actions, costs and expenses (including attorneys’ fees and dispute costs) relating to (1) your use of the ZOLOZ Platform, the Services, or any Third Party Apps or Third Party Services, (2) your breach of these Terms of Use, (3) your violation of any applicable law, rules or regulations or the rights of any third party, (4) your misuse of the Messages, or (5) any fraudulent act on your part. ZOLOZ’s right to be indemnified shall survive the expiry or termination of these Terms of Use.

12. TERMINATION OF THE SERVICES

You agree that the ZOLOZ, in its sole discretion, for any or no reason, without penalty, and with or without notice, may suspend or terminate your ZOLOZ Account or your use of the ZOLOZ Platform or any of the Services, or remove or delete your ZOLOZ Account, at any time. ZOLOZ shall not be responsible or liable for any damages arising from the foregoing.

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ZOLOZ may have at law or in equity.

Upon termination for any reason, you agree to immediately stop using the ZOLOZ Platform and the Services.  The termination of these Terms of Use will not affect any liability that may have arisen under these Terms of Use prior to the date of termination.

13. NOTICES

ZOLOZ may provide you with Messages, notices and communications by e-mail, text (SMS), push notifications to all Devices through which applicable Services are provided, regular mail, postings on the ZOLOZ Platform, or by any other reasonable means. Except as otherwise set forth herein, notice to the ZOLOZ must be sent by courier or registered mail to:

ZOLOZ US Headquarters
c/o EYEVERIFY, INC.
1740 E. Main Street, Suite 100 
Kansas City, Missouri, 64108, USA
Attn:  CEO; General Counsel

or

ZOLOZ China Headquarters
1 Danling Street
International Finance Center, Floor 23
Zhongguancun, Haidian District
Beijing, China 100080
Attn:  General Manager; General Counsel 

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by the laws of the country in which the Services are provided. If any dispute, controversy or claim arises under these Terms of Use or in relation to the ZOLOZ Platform or the Services, including any question regarding the existence, validity or termination of these Terms of Use (“Dispute”), ZOLOZ and you shall use all reasonable endeavours to resolve such Dispute amicable.

All Disputes shall be exclusively and finally settled by arbitration by one arbitrator appointed by ZOLOZ under the Singapore International Arbitration Centre (“SIAC”) rules. The arbitration proceedings shall be held in Singapore.  Service of process may be made by a law firm in the Territory, or by internationally-recognized express delivery services (e.g., FedEx or DHL). The award of the arbitrator shall be final and binding on the parties and their successors, shall be the sole and exclusive remedy between the parties regarding any and all claims and counterclaims, and shall not be subject to appeal. The award shall be payable free of any tax and other deduction. 

If applicable laws do not permit the parties to have the seat of arbitration in Singapore, the seat of the arbitration shall be the country in which the Services are provided. Judgment on awards rendered by the arbitrator may be entered in any court having jurisdiction, including pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), subject to applicable laws. Notwithstanding anything to the contrary contained in this clause, if more than one Dispute arises in relation to the same or substantially similar set of facts, controversy or claim (“Related Disputes”), the Related Disputes shall all be solved in a single arbitral proceeding and separate arbitral proceedings shall not be initiated with respect to each such Related Dispute. In the event that separate arbitral proceedings are initiated with respect to Related Disputes, all such proceedings shall be consolidated and resolved by a single arbitral tribunal.  The parties shall keep confidential the existence and details of any proceedings under this clause, including the parties’ submissions and evidence, and any awards (their content, reasons and result), except to the extent that such documents or information are in the public domain, or disclosure is legally required or necessary to pursue a legal right or remedy relating to these Terms of Use

All administrative fees and expenses of arbitration will borne by you. In all arbitrations, each party will bear the expense of its own lawyers and preparation.

In the event that binding arbitration is not enforceable, you agree that any claim or dispute you may have against the ZOLOZ must be resolved by appropriate courts having jurisdiction in Singapore. You agree to submit to the personal jurisdiction of the courts located within Singapore, for the purpose of litigating all such claims or disputes.

This clause shall survive termination of these Terms of Use.

15. GOVERNING LANGUAGE

This Agreement is effective in English.  We both agree that the English language version shall prevail in the event of any inconsistency between the English language text and any other language text, or any dispute relating to the meaning or interpretation thereof.

16. ENTIRE AGREEMENT; MODIFICATIONS; NO WAIVER; SEVERABILITY

These Terms of Use and the Privacy Notice constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, concerning the subject matter hereof. Any conflicting or supplementary terms proposed by you in any e-mail or other communication shall not be binding on us, and are hereby objected to and expressly rejected.  No amendment, modification or addition to these Terms of Use shall be effective or binding on ZOLOZ unless in writing and executed by ZOLOZ through its duly authorized representative, and subject to any required government authority approvals, if any.  The failure of ZOLOZ to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by ZOLOZ.  If any portion of these Terms of Use or the Privacy Notice is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or severed from the document if and solely to the limited extent such construction is not possible, and the remaining portion of these Terms of Use and the Privacy Notice shall remain in full force and effect.