Terms and Conditions for IDEMIA Identity Proofing trials 

Welcome to IDEMIA¹.

We are pleased that You are participating in a trial of the Identity Proofing platform over the Portal (the “Service”).

The trial is strictly subject to the following limitations and cumulative conditions:

• It shall be performed in accordance with these Terms and Conditions; and
• It shall be restricted to the user accessing the Service following the required registration process (the “User”); and
• You and the User shall accept the present Terms and Conditions; and
• It shall be limited to the agreed period of time from the date upon which we first make the Service available to You (the “Trial Period”) or any such other extended period as confirmed by IDEMIA; and
• It shall be restricted to the limited number of checks agreed by IDEMIA.

IDEMIA reserves the right, at its sole discretion, to refuse to extend the Trial Period or the number of checks, to suspend or terminate the Service Trial at any time and to resume Your access to the Portal and/or the Service, without prior notice.

Upon expiry of the Trial Period, if You wish to continue to access the Service, You will be required to enter into the corresponding commercial contract with IDEMIA. These Terms and Conditions apply to the Service only.

BY ACCESSING THE SERVICE, YOU AUTOMATICALLY AND UNCONDITIONALLY AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT REGISTER AND WE REQUEST YOU TO EXIT THIS PORTAL.

IDEMIA reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Continued use of the Service following any changes in the Terms and Conditions constitutes acceptance to such changes.

The current version of the Terms and Conditions can be accessed at any time by clicking on the “Terms of Use” link in the IDEMIA Developer Portal.

By accepting these Terms and Conditions, You confirm You are acting as a professional in a strictly business capacity and not as a "consumer".

User’s trial of the Service is subject to the present Terms and Conditions, the Data Protection Agreement, the IDEMIA Privacy Policy and Service specific Software Evaluation and License Agreement, which will collectively apply upon Your access to the Service.

You are required to strictly ensure that User will not conduct more checks than allowed by IDEMIA, by monitoring Your Dashboard during the course of the Trial Period. IDEMIA reserves its right to take appropriate action if the checks limit is exceeded, including but not limited to immediately suspend Your access to the Service.

For any question or concern in relation to the Service and/or these Terms and Conditions, please contact: https://experience.idemia.com/contact/.

Yours sincerely

Terms and Conditions for IDEMIA Identity Proofing online service trials 

1. You are the only person allowed to access the Service for trials. If however, a third party were to use the Service through Your access (device, hardware, log in etc.) it would be a breach of the present Terms and Conditions and such use would be deemed under Your control and liability. You are responsible for all acts and omissions in relation to the trial of the Service, and undertake that the User will comply with these Terms and Conditions at any time during the Trial Period.

2. User may access the Service for Your internal business evaluation purposes only (the “Purpose”) during the Trial Period. Any use of the Service for any other purpose than the Purpose, including but not limited to commercial or revenue generating purposes, is not permitted.

3. User may only store on its company’s IT devices or servers items of content accessed via the Service (“Content”) during the Trial Period only. User may not share or distribute items of Content with any other individual whether internally or externally to You. Any further storage or redistribution of Content is not permitted. User may not use, modify or create derived data of the Content for any purposes. You will ensure that all stored Content is deleted and/or destroyed when the Trial Period ends. In particular, You shall not, and shall not permit any third party to: (i) use the Content or Service for commercial or revenue generating purposes; (ii) copy, modify or make derivative works of any portion of the Content or Service; (iii) disclose, publish, sell, assign, transfer, sublicense, distribute or otherwise provide third parties access to any portion of the Content or Service; (iv) reverse engineer, decompile or disassemble any software, or derive or attempt to derive the source code, algorithmic nature or structure of any software which is part of the Content or Service; (v) use the Content or Service to create any product that competes with the Content or Service; (vi) remove or circumvent any protection or other restrictive technology mechanism of the Content or Service; (vii) disclose the results of the Service’s performance to any third party without IDEMIA’s express prior written consent; or (viii) otherwise use any portion of the Content or Service in any manner not expressly authorized in these Terms and Conditions.

4. To the extent that the Service includes any Content that, alone or in combination with other information, can be used to identify an individual (“Personal Data”), You agree that You will:  

   1. process such Personal Data in accordance with all applicable data protection and privacy laws and regulations that are binding on you, including obtaining from such individual all necessary written consents to such use;
   2. implement and maintain all technical and organisational measures necessary to protect the Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and ensure that such measures provide the level of security which is appropriate to the risk represented by the processing and the nature of that Personal Data;
   3. respond promptly and properly to any enquiry from IDEMIA relating to the processing of the Personal Data, and cooperate at any time and in good faith with IDEMIA and any relevant data protection national authority concerning all such enquiries; and
   4. promptly notify IDEMIA in the event of a dispute or claim brought by an individual or data protection national authority against you concerning the processing of Personal Data.

5. All commercial and technical, non-public information received in relation to the Service and the Content is proprietary to IDEMIA and You shall maintain it confidential and not disclose such information to any third party without the prior written consent of IDEMIA. You may disclose information received about the Service (but not Content) to other employees within Your organization for the purposes of making your buying decision. Some Service portionss are accessed via passwords or QR code allocated via the Portal. User must keep his/her passwords confidential and not share it with anyone or allow anyone to use it.

6. You will not acquire any intellectual property rights in the Service and You shall not remove, conceal or alter any copyright or other proprietary notices incorporated in the Service. Except as expressly permitted by these Terms and Conditions, no licences or rights are granted to You in respect of the Service.

7. You acknowledge and agree that the Service is being made available during the Trial Period without charge and Your use of the Service is limited to the Purpose only. Except for death or personal injury caused by gross negligence or fraud or for other any matters that cannot be excluded by applicable law, neither IDEMIA nor any of its affiliates or contractors: (a) shall be liable for any loss or damage incurred by You in connection with the provision of or failure to provide the Service, and (b) makes any express or implied representations or warranties in relation to the Service, including without limitation those as to merchantability, satisfactory quality or fitness for a particular purpose or that the Service will be error free or free of any third party claims.

8. Each trial of the Service is personal to You and any rights or obligations contained in these Terms and Conditions may not be transferred to anyone else. IDEMIA may at any time suspend the Service and/or, on a unilateral basis and immediately, terminate Your rights under these Terms and Conditions to access and use the Content or Service, for any or no reason.

9. Service specific terms and conditions may be added to these Terms and Conditions. Such additional terms and conditions will be provided separately by IDEMIA.

10. These Terms and Conditions and all disputes or claims (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation will be governed by and construed in accordance with the laws of France.