Terms & Conditions for / End Users

Effective on 1 April 2019

If You use AgeGO services, you are accepting these Terms and Conditions (“T&C”). 

These T&C (the “Agreement“) govern the submission of personal data and other information (the “Information“) by you (“End User” or “You”) to Age Verification Technology, S.L.  (hereinafter, “AgeGO”; “we” or “our“) for the purposes of age-verification. The submission of such Information to us is done so that we can provide a service to a third party (our “Business Customer“) in order to verify that your age is 18 or over (the “Service“) by means of the AgeGO platform (“AgeGO”). You understand and agree on AgeGO providing the age-verification Service to the Business Customer on the basis of the Information provided by You. The Service is provided in order to allow for a transaction between the End User and the Business Customer, which will be subject to the Business Customer’s terms and conditions, to which You shall agree upon. Please carefully read these T&C before submitting the Information. 

DEFINITIONS

For the purposes of this Agreement, the parties agree that, when used capitalized herein, the following terms shall have the following meanings unless they are defined otherwise in this Agreement:

“AgeGO”, “we” or “our“: means Age Verification Technology, S.L with VAT B67394494 and address at 16 Marina, 08005 Barcelona as well as the technology that provides an effective and robust age-verification arrangement to verify that the End Users accessing the Business Customer’s services and/or content are 18 years old or over. We will refer to AgeGO in this T&C, given that it is the commercial brand for the Services. 

“Age-Verification Methods”: means the verification methods used by AgeGO and detailed under clause number two of this Agreement. 

“Age-Verification Solution” means a combination of Age-Verification Methods.

“Agreement“: means the content of this document.

“Business Customers”: means the online services provider individual or company in favor of which AgeGO is rendering the Services, and with which the End User wants to execute the transaction; or whose online services and/or content the End User wants to access. 

“End User Data” means any personally identifiable information of the End User provided by the End User through AgeGO for use in providing the Services by AgeGO to the Business Customer.

“End User” means the individuals who either use AgeGO or create an account with AgeGO, in order to have their age verified so they are able to access age restricted content and/or access to websites that have restricted content and/or websites, which restrict access to certain features. 

“Information“: means all Information which belongs to the End User, provided that AgeGO has the right to use End User Data for the purpose of performing the Service on behalf of the Business Customer, including disclosing the Information only for the purposes of age verification to the Business Customer and for improving the Services. AgeGO also may aggregate End User Data with that of other End Users for the sole purpose of analyzing and improving its services to all users and Business Customers. 

“Service”: means the age verification services AgeGO render in favor of the Business Customers in order to verify that the End User’s age is 18 or over. 

“User”: means anyone who visits or uses AgeGO (including End Users and Business Customers). 

CLAUSES

1. OBJECT.

1.1 By virtue of this Agreement, the End User shall provide AgeGO with the necessary Information and/or End User Data in order for AgeGO to confirm the End User is 18 or over using AgeGO´s Age-Verifications Methods. 

1.2 AgeGO is a service provider and has no effective knowledge about the End User Data, which is assumed truthful and accurate, and whose responsibility relies only on the End User. The End User is the only responsible party for such truthfulness and accuracy of the End User Data, and therefore the End User and Business Customer will always hold AgeGO harmless for any responsibility, infringement, damage or loss in relation to such End User Data. If any content is untruthful or false, please inform AgeGO at info@agego.com, so we can remove and take the corresponding actions.

2. OTHER APPLICABLE TERMS. 

2.1 The following additional terms also form part of this Agreement and also apply to your use of AgeGO: 

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from You, or that you provide to us.
• Our Cookies Policy, which sets out how and which cookies we use. 

3. AGE-VERIFICATION METHODS. 

The End User shall decide to create an account in AgeGO or to use AgeGO services without creating an account before choosing which Age Verification Method to use. 

AgoGO provides several choices for the End User to verify You are 18 or over. The age-verification methods available for the End Users in AgeGO are the following: 

3.1 ID Document. AgeGO shall execute the verification method based on these documents in the two following steps: 

Step1.- For both the passport and driving license methods, you will be given 2 options, to take a photo of your ID document using the computer / laptop webcam, or using your mobile phone camera. Once the photo of the document is captured, it is processed to determine document validity. If the document is considered as valid and the owner is 18 years old or over based on the information extracted from the document then we will run an anti-impersonation check as step 2.

Step 2.- Take a selfie while smiling largely (anti-impersonation). In order to make sure that the End User who tried to enter the 18 or over website is the same person identified by the Passport or Driving license document provided, we ask the End User to take a portrait photo as a selfie while smiling largely. This portrait photo will be uploaded on AgeGO and analyzed with various image processing tools. All of it to verify if the face on this photo matches the document photo and to verify that the portrait photo face is smiling.

AgeGO shall collect the following data from the End User who chooses this method: (i) driving license photo; (ii) passport photo; and/or (iii) portrait photo. Moreover, an external service provider used for this method by AgeGO shall have access to the End Users ID Document at some point of the process. In this regards, the End User expressly accepts the transfer of the referred End User Data by AgeGO to the third parties providers of the services of facial recognition. 

Under this method, the End User Data provided to AgeGO consists on scanned copy / photo of the passport or driving license of the End User, and the picture provided under Step 2. 

3.2 Credit card: the verification method based on the data of the credit card of the End User; this is: (i) card number; (ii) expiration date; (iii) CVC. This verification is done by a PCI compliant payment gateway provider and AgeGO does not capture or keep and credit card details. The card details are directly sent from End User browser to the PCI compliant payment gateway provider.

3.3 Mobile: AgeGO shall execute this age-verification method by means of one of the two following techniques: 

• 3G – The End User switches off its device to use their data network connection (disabling WIFI) and test the status of the filter. The End User using this technique will remain completely anonymous, as no personal information will be forwarded to AgeGO.
• SMS. – The End User introduces his mobile phone number in the space provided for such purposes on AgeGO and subsequently; (i) AgeGO will ask the End User to send a SMS to a short code number with the text “AgeGo”; (ii) when AgeGO receives the SMS, it tests the filter status through the integration with a UK mobile aggregator and determines if the customer is 18 or over depending on the filter status.

Under this method, the End User Data provided to AgeGO consists on the mobile phone number of the End User. AgeGO doesn’t store this phone number.

4. THE SERVICES.

4.1. The Digital Economy Act 2017 requires website operators to verify a person’s age before allowing them access rights to certain websites and/or certain types of content shown on websites. The object of AgeGO is to provide an effective, robust and legally secure solution for the age-verification and confirmation system, processed between End Users and Business Customers (in some cases, using personal information held by third parties). 

4.2 The Services provided by AgeGO include the following: 

4.2.1 An effective control mechanism at the point of registration or access to the Business Customer’s services and/or content by the End User, which verifies that the End User is aged 18 or over at the point of registration of access to the Business Customer’s services and/or content or to contract the services offered by the Business Users. 

4.2.2 The age-verification data used in the methods included within AgeGO cannot be reasonably known by another person other the End User, without theft of fraudulent use of data or identification documents nor readily obtained or predicted by another person. 

4.2.3 The inclusion of measures with authenticate age-verification data and measures, which are effective at preventing use by non-human operators, including algorithms. 

4.3 Likewise, the solution provided by means of the Services rendered by AgeGO are designed and implemented in a way that: 

4.3.1 The minimum amount of personal data is required to establish that the End User is 18 or over;

4.3.2 It is easily usable by the End User;

4.3.3 Includes clear information to the End User regarding your data protection.; 

4.3.4 It is used only to confirm that the End User is 18 or over;

5. REPRESENTATIONS AND WARRANTIES.

5.1 The End User represents and warrants to AgeGO that:

5.1.1 All Information provided by the End User is personal, truthful, accurate and owned by the End User.

5.1.2 The End User does not intend to introduce to AgeGO and is free of any “worm”, “virus”, “malware” or other device that could impair or injure AgeGO or any other person or entity;

5.2.3 It is generally familiar with the nature of the internet and will comply with all rules and regulations that may apply;

5.2 AgeGO provides its age-verification services upon its own instructions and is, in no way, linked to the business developed by the Business Customer.  Therefore, AgeGO does not represent that the services available on or through the AgeGO platform is appropriate for the User or available to locations other than the UK.  

6. TERMINATION; CANCELLATION.

6.1 AgeGO may, at any time and to its sole discretion, immediately terminate this Agreement with or without cause. AgeGO will make commercially reasonable efforts to notify the End User and the Business Customers via e-mail of any such termination or cancellation within a reasonable term.

6.2 If either party does not fulfill a material obligation defined in this Agreement, the other party has the right to terminate this Agreement within the following sixty (60) days. Such termination shall be executed by means of a written notice to the party in breach without prejudice of the right to claim the damages caused to the non-breaching party.

7. CONFIDENTIALITY.

7.1 You agree not to disclose AgeGO Confidential Information without AgeGO prior written consent. Likewise, AgeGO agrees not to disclose any confidential information included within the End Users Data. 

7.2 Under certain circumstances, AgeGO might be ordered by a Court or Administrative Authority to disclose information regarding the Services provided to the Business Customers; and/or End Users Data ; and/or any Information provided by the End User. AgeGO will be fully entitled to disclose such information upon receiving a request for disclosure from a Court or Administrative Authority, which AgeGO reasonably deems as being competent to issue such a request.   

7.3 Except as set forth expressly herein, You shall not, and shall not permit any third party, to:

7.3.1 Modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from AgeGO, or any other software or documentation of AgeGO, or create or attempt to create a substitute or similar service or product through use of or access to the AgeGO or proprietary information or materials related thereto. 

7.3.2 Provide, transfer or make available the Service (or any application interface made available by AgeGO) to any third party or make the Services available to any third party.

7.3.3 Bypass any security measure or access control mechanism of the Service.

7.3.4 Resell or otherwise distribute for financial consideration any information provided by AgeGO. 

7.3.5 Engage in any activity that disrupts the Service.

7.3.6 Scrape any information or content made available by AgeGO for use in another product or service.

7.37 Send content or messages to third parties. 

8. INDEMNIFICATION. LIMITATION OF LIABILITY.

8.1 Indemnification. You agree to indemnify, defend and hold AgeGO, its officers, directors, shareholders, successors, affiliates, employees, agents and representatives harmless from and against any and all; costs, claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any claims and lawsuits or proceeding for libel, slander, copyright, and trademark violation as well as all other claims resulting from (i) the granting or not of the access to the Business Customer’s website and/or services to the End User (ii) the appropriate rendering of the services by the Business Customer to the End User; (iii) the breach of the agreement by the Business Customer with the End User; and/or (iv) any other issue arising from the contractual relationship existing between the End User and the Business Customer. You also agree to indemnify AgeGO for any legal fees incurred by AgeGO, acting reasonably, in investigating or enforcing its rights under this Agreement.

8.2 Limitation of Liability. Under no circumstances will AgeGO be liable to the User and/or End User with respect to any subject matter of these terms and conditions under contract, tort (including negligence), strict liability or other legal or equitable theory, whether or not AgeGO has been advised of the possibility of such damage, for indirect, incidental, consequential, special or exemplary damages arising from any provision of these terms. 

8.3 AgeGO is provided in an “AS IS” and “AS AVAILABLE” basis and we do not warrant or guarantee that any information, content, services or results available using AgeGO are accurate or reliable or your use of AgeGO service  will be uninterrupted, secure, or free from error. 

9. INTELLECTUAL PROPERTY RIGHTS.

9.1 Unless otherwise stated, we are the owner or licensee of all intellectual property rights in AgeGO, and in the materials published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved. 

9.2 Using our products or services does not give you ownership of any intellectual property rights in our products or services, or the content you access. 

9.3 AgeGO and the services and content provided by AgeGO is protected by Copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content. 

9.4 You may not use any of our trade names, trademarks, service marks, logos, domain names, etc. 

10. MODIFICATION.

AgeGO reserves the right to amend the provisions of the present Agreement that are minor in scope or nature, and to do so without citing any reasons, provided such modifications do not lead to the Agreement as a whole being changed. The valid Agreement at any time will always be available on AgeGO’s website and Service.

11. DISPUTE RESOLUTION.

11.1 This Agreement shall be governed by and interpreted in accordance with the laws of Spain.

11.2 For any matter related to the interpretation or execution of this Agreement, the parties expressly waive to submit to any courts which might have jurisdiction over the subject matter, and agree to submit to the sole competence and jurisdiction of the Courts of the City of Barcelona.

11.3 In the case of End Users, if any compulsory law or regulation states that the competent Courts shall be those of the domicile of the End Users or another, such compulsory laws shall prevail in relation to the competence and jurisdictional Courts applicable to this Agreement.

12. GENERAL PROVISIONS.

12.1 Force Majeure. Except for payment obligations, if either party is prevented from performing or is unable to perform any of its obligations under this Agreement due to causes beyond the reasonable control of the party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes (each, a “Force Majeure Event”), such party’s performance shall be excused and the time for performance shall be extended accordingly provided that the party immediately takes all reasonably necessary steps to resume full performance. If such party remains unable to resume full performance fifteen (15) days after the Force Majeure Event, the other party may terminate this Agreement upon written notice.

12.2 Severability. If any of the provisions of this Agreement is declared invalid or unenforceable by any Court or Administrative body such provisions shall be deemed several from the remainder of this Agreement and not affect the validity or enforceability of the remainder of this Agreement. In that case, such provisions shall be changed and interpreted to achieve the purposes of those provisions in as much as possible within the extent of relevant laws or judgment of the Court or Administrative body and taking into account the interpretation of the whole Agreement.

12.3 Survival. Sections 6 (Termination; Cancellation), 7 (Confidentiality) and 11 (Dispute Resolution) shall survive termination or expiration of this Agreement for any reason. All other rights and obligations of the parties under this Agreement shall expire upon termination of this Agreement, except that all payment obligations accrued hereunder prior to termination or expiration shall survive such termination.

12.4 Assignment. AgeGO shall be entitled to assign, sublicense, delegate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party if the assignee shall assume all rights and obligations under this Agreement.

12.5 Notices. All notices and other communications hereunder amongst the parties shall be in writing and done by email with confirmation receipt.

Either party may change its address by providing the other party with written notice of the change in accordance with this section.

12.6 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, oral or written, with respect to the subject matter of this Agreement. The information and documents provided by the End Users to AgeGO, as requested by the latest in order to enter the Agreement, shall be also considered as part of this Agreement. 

12.7 No Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.