Terms of Use

These Terms of Use ("Terms") constitute a legally binding agreement between you and IDChecker AI LLC ("IDChecker AI", "we", "us", or "our") governing your access to and use of our identity verification services, website, and related applications (collectively, the "Services").

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

For Enterprise Customers: If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

IDChecker AI provides enterprise-grade identity verification services including:

• Document Verification: AI-powered analysis of government-issued identification documents
• Liveness Detection: Real-time video-based verification to detect presentation attacks and deepfakes
• Biometric Face Matching: Facial comparison between live video and document photos
• Network Forensics: Detection of VPNs, proxies, and suspicious network patterns
• Audit Trails: Immutable logging and compliance reporting

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

You must meet the following requirements to use our Services:

• Age: You must be at least 18 years old
• Legal Capacity: You must have the legal capacity to enter into binding contracts
• Compliance: You must not be prohibited from using the Services under applicable laws
• Account Security: You are responsible for maintaining the confidentiality of your account credentials

4.1 Permitted Uses

You may use our Services only for lawful purposes, including:

• Verifying the identity of employees, contractors, or service providers
• Preventing fraud and unauthorized access
• Meeting compliance and regulatory requirements
• Enhancing security for remote hiring and onboarding

4.2 Prohibited Uses

You agree NOT to:

• Circumvent Security: Attempt to bypass, disable, or interfere with security features
• Reverse Engineer: Decompile, reverse engineer, or attempt to extract source code
• Misrepresent Identity: Submit false, misleading, or fraudulent information
• Automate Abuse: Use bots, scrapers, or automated tools without authorization
• Illegal Activity: Use the Services for any illegal, discriminatory, or harmful purpose
• Data Mining: Scrape, harvest, or collect data from the Services
• Interfere: Disrupt or interfere with the Services or other users
• Discriminate: Use verification results to discriminate based on protected characteristics

4.3 Fair Use Policy

Enterprise customers agree to use the Services in good faith and in accordance with subscription limits. Excessive or abusive usage may result in throttling or suspension.

5.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Not share your account with others
• Not create multiple accounts without authorization

5.2 Account Security

• You are responsible for all activity under your account
• You must immediately notify us of unauthorized access
• We recommend enabling multi-factor authentication (MFA)
• We are not liable for losses resulting from compromised credentials

5.3 Account Suspension

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or pose a security risk.

6.1 Fees

Enterprise customers agree to pay all fees according to their subscription plan. Fees are:

• Non-Refundable: All fees are non-refundable except as required by law
• Billed in Advance: Subscription fees are billed monthly or annually in advance
• Overage Charges: Usage exceeding plan limits will be billed at the published overage rate

6.2 Payment Methods

We accept credit cards, ACH transfers, and wire transfers. You authorize us to charge your payment method on file.

6.3 Price Changes

We may change pricing with 30 days' advance notice. Continued use of the Services after a price change constitutes acceptance.

6.4 Late Payments

Late payments may incur a 1.5% monthly interest charge. We may suspend services for accounts 30+ days past due.

7.1 IDChecker AI Ownership

We own all rights, title, and interest in the Services, including:

• Software, algorithms, and machine learning models
• User interfaces, designs, and branding
• Documentation, APIs, and SDKs
• Trademarks, logos, and service marks

7.2 Limited License

We grant you a non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. This license does not include the right to:

• Sublicense, sell, or distribute the Services
• Copy or modify any part of the Services
• Create derivative works
• Use the Services for competitive purposes

7.3 Customer Data

You retain ownership of data you submit to the Services. You grant us a limited license to process this data solely to provide the Services.

7.4 Feedback

Any feedback, suggestions, or ideas you provide become our property, and we may use them without restriction or compensation.

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• We collect and process sensitive biometric and identity data
• We are GDPR, CCPA, and SOC 2 compliant
• We encrypt all data at rest and in transit
• We retain data for 7 years for SOX compliance
• You have rights to access, correct, and delete your data

For details, see our full Privacy Policy and Security & Compliance documentation.

9.1 AS-IS Basis

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

9.2 No Guarantee of Accuracy

While we strive for high accuracy (99.7% face matching accuracy), we do not guarantee that our Services will detect all fraud or be 100% accurate. Identity verification results are probabilistic and should be used as one factor in your decision-making process.

9.3 Third-Party Services

Our Services integrate with third-party providers (Google Cloud AI, etc.). We are not responsible for the performance, availability, or security of third-party services.

9.4 No Liability for User Decisions

You are solely responsible for hiring, employment, and access decisions. We are not liable for decisions made based on verification results.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDCHECKER AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10.1 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10.2 Indemnification

You agree to indemnify, defend, and hold harmless IDChecker AI and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Employment or hiring decisions you make based on verification results

11.1 Uptime Guarantee

• Growth Plan: 99% uptime (7.2 hours downtime/month allowed)
• Enterprise Plan: 99.9% uptime (43 minutes downtime/month allowed)
• Custom Plan: Up to 99.99% uptime with dedicated infrastructure

11.2 Service Credits

If we fail to meet our uptime guarantee, you may be eligible for service credits:

• 99.0% - 98.0% uptime: 10% credit
• 98.0% - 95.0% uptime: 25% credit
• Below 95% uptime: 50% credit

To request credits, submit a claim within 30 days of the incident. Credits are your sole remedy for downtime.

11.3 Exclusions

SLA does not cover downtime caused by:

• Scheduled maintenance (with 48 hours' notice)
• Force majeure events
• Third-party service failures
• Customer misconfigurations or abuse

12.1 Term

These Terms remain in effect as long as you access or use the Services.

12.2 Termination by You

You may terminate your account at any time by contacting support@idchecker.ai. Prepaid fees are non-refundable.

12.3 Termination by Us

We may suspend or terminate your access if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security risk to other users

12.4 Effect of Termination

Upon termination:

• Your access to the Services immediately ceases
• We may delete your account data after 30 days
• Audit logs are retained for compliance (7 years)
• All unpaid fees become immediately due
• Sections 7, 9, 10, and 13 survive termination

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

13.2 Arbitration Agreement

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Exception: Either party may seek injunctive relief in court for intellectual property infringement.

13.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

13.4 Venue

If arbitration is not enforceable, disputes shall be brought exclusively in the state or federal courts located in Wilmington, Delaware.

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any Enterprise Agreement, constitute the entire agreement between you and IDChecker AI.

14.2 Amendments

We may update these Terms at any time by posting the revised Terms on our website. Material changes will be notified via email. Continued use after changes constitutes acceptance.

14.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

14.4 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

14.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or successor.

14.6 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, war, pandemics, government actions).

14.7 Export Compliance

You agree to comply with all U.S. export laws. You represent that you are not located in an embargoed country or on any U.S. government restricted party list.

14.8 Government Use

The Services are "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212. Government users acquire the Services subject to these Terms.

For questions about these Terms, contact us at: