Terms of Service

Last updated: March 30, 2026

These Terms of Service ("Terms") govern your use of the Verifa identity verification platform ("Service") operated by Verifa ("we," "us," or "our"). By using the Service, you agree to these Terms.

1. Definitions

2. Service Description

Verifa provides automated identity verification services. Customers integrate our API to create verification sessions. Applicants submit identity documents and a selfie, which are compared to produce a verification result. Results are returned to the Customer.

3. Customer Obligations

As a Customer, you agree to:

4. Applicant Terms

As an Applicant completing a verification:

5. Plans and Billing

The Service is available under the following plans:

Feature availability is determined by your plan. Sandbox mode is available on all plans for testing. Plan pricing and terms are as agreed between you and Verifa.

5.1 Payment Terms

Invoices are due in accordance with the payment terms agreed upon at the time of subscription. Unless otherwise specified, the default payment term is net-30 days from the invoice date. Usage overages beyond your plan's included volume are calculated and billed on a monthly basis.

5.2 Auto-Renewal

All subscriptions automatically renew at the end of each billing period (monthly or annually, as applicable) unless you cancel before the end of the current period. You may cancel auto-renewal at any time through your dashboard or by contacting us.

5.3 Price Changes

We will provide at least 30 days' written notice before any price increase takes effect. Price changes will apply at the start of your next billing period following the notice period. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5.4 Refunds and Credits

No refunds are provided for partial billing periods, including mid-cycle cancellations. If you downgrade to a lower-tier plan, a prorated credit will be applied to your account for the unused portion of the current billing period. Credits are non-transferable and cannot be redeemed for cash.

5.5 Non-Payment

If payment is not received by the due date, we will provide a 15-day grace period with written notice. If payment remains outstanding after the grace period, we reserve the right to restrict your access to the live API while maintaining sandbox access. Continued non-payment beyond 30 days past due may result in account suspension or cancellation. You remain responsible for all accrued charges.

5.6 Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and government levies (excluding taxes based on Verifa's net income) arising from your use of the Service. If Verifa is required to collect or remit taxes on your behalf, those amounts will be added to your invoice.

5.7 Billing Disputes

If you believe an invoice is incorrect, you must notify us in writing within 30 days of the invoice date. Disputes must include a reasonable explanation of the basis for the dispute. Undisputed portions of any invoice remain due and payable. We will work in good faith to resolve billing disputes promptly.

6. API Usage

7. Data and Privacy

Our handling of personal data is governed by our Privacy Policy and Biometric Data Policy. Key points:

8. Accuracy and Limitations

While we strive for high accuracy, no identity verification system is infallible. Verifa:

9. Prohibited Uses

You may not use the Service to:

10. Intellectual Property

The Service, including its software, algorithms, interface designs, and documentation, is the intellectual property of Verifa. Your use of the Service does not grant you any ownership rights. Customer data remains the property of the Customer.

10.1 License Grant

Subject to these Terms, Verifa grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription. This license does not include the right to sublicense, modify, or create derivative works of the Service.

10.2 Feedback

If you provide Verifa with suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service ("Feedback"), you acknowledge that such Feedback is provided voluntarily and becomes the sole property of Verifa. Verifa may use, incorporate, and commercialize Feedback without restriction or obligation to you.

10.3 Restrictions

You may not: (a) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service; (b) copy, modify, or create derivative works of the Service; (c) remove, alter, or obscure any proprietary notices or labels on the Service; or (d) use the Service to build a competing product or service.

11. Confidentiality

11.1 Mutual Obligations

Each party agrees to protect the other party's Confidential Information with at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care. Neither party shall use the other party's Confidential Information for any purpose outside the scope of these Terms, or disclose it to any third party without the disclosing party's prior written consent.

11.2 Scope

Confidential Information includes, but is not limited to: API keys, verification results, pricing and business terms, technical specifications, security configurations, and any information marked as confidential or that would reasonably be understood to be confidential.

11.3 Exceptions

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure without restriction; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided the receiving party gives the disclosing party prompt written notice to the extent legally permitted.

11.4 Survival

The obligations under this Section 11 survive termination or expiration of these Terms for a period of three (3) years.

12. Indemnification

12.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless Verifa and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your misuse of verification results; (b) your failure to obtain proper consent from Applicants before initiating verification; (c) your violation of any applicable law or regulation; or (d) your products or services that incorporate or rely on the Service.

12.2 Verifa Indemnification

Verifa agrees to indemnify, defend, and hold harmless the Customer from and against any third-party claims alleging that the Customer's authorized use of the Service infringes a third party's intellectual property rights, and will pay any resulting damages finally awarded or settlement amounts approved by Verifa.

12.3 Indemnification Procedure

The party seeking indemnification must: (a) provide prompt written notice of the claim to the indemnifying party; (b) grant the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation and assistance at the indemnifying party's expense. Failure to provide prompt notice does not relieve the indemnifying party of its obligations except to the extent it is materially prejudiced by the delay.

13. Warranty Disclaimer

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. Verifa specifically disclaims all implied warranties, including but not limited to:

You acknowledge that verification results are probabilistic in nature and should be used as one factor in your decision-making process, not as the sole basis for any determination.

14. Limitation of Liability

To the maximum extent permitted by law:

15. Suspension and Termination

16. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) where such failure or delay results from events beyond the affected party's reasonable control. Such events include, but are not limited to:

The affected party must provide prompt written notice of the force majeure event and use reasonable efforts to mitigate its impact and resume performance as soon as practicable. If a force majeure event continues for more than 90 days, either party may terminate the affected portion of these Terms upon written notice.

17. Dispute Resolution

17.1 Good Faith Negotiation

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the matter through good faith negotiation. Either party must provide written notice of the dispute to the other party. The parties shall have 30 days from the date of such notice to reach a resolution.

17.2 Binding Arbitration

If the dispute cannot be resolved through negotiation within the 30-day period, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration against Verifa. If this waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void.

17.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

17.5 Venue

Any arbitration or legal proceedings under this section shall take place in the State of Delaware. Both parties consent to the exclusive jurisdiction and venue of courts located in Delaware for any proceedings ancillary to arbitration or for disputes not subject to arbitration.

18. Export Compliance

You agree to comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations ("EAR") and sanctions programs administered by the U.S. Office of Foreign Assets Control ("OFAC"). You represent and warrant that you: (a) are not located in, or a resident or national of, any country subject to U.S. trade sanctions or embargoes; (b) are not identified on any U.S. government restricted party list; and (c) will not use the Service in violation of any applicable export control or sanctions laws. You will not, directly or indirectly, export, re-export, or transfer the Service or any related technical data to any prohibited destination, entity, or person.

19. Assignment

Neither party may assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of the other party, except that either party may assign these Terms without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section shall be void. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect and shall not be affected or impaired.

21. Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Agreement, Biometric Data Policy, Acceptable Use Policy, and Service Level Agreement, constitute the entire agreement between you and Verifa with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written. In the event of a conflict between these Terms and any other Verifa policy or agreement, these Terms shall prevail unless the other document expressly states that it takes precedence over a specific provision of these Terms.

22. Changes to These Terms

We may update these Terms from time to time. We will notify Customers of material changes via email or dashboard notification at least 30 days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

23. Governing Law

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

24. Contact Us

Verifa — Legal

Email: legal@withverifa.com