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.
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.
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”).
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:
- 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
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
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.
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
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
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.
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.
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