Terms and Conditions v1.21

By accessing our website you agree to the present terms and conditions which shall constitute a binding contract between you and Identomat, with the registered address at 701 Ashton Ln S, Champaign, IL 61820, USA (hereinafter – the Identomat).
Last updated: May 4, 2020
1. General Provisions
  1. These relations between you and the Identomat shall be governed by the present Terms and Conditions, unless otherwise specified in the contractual arrangements dedicated to specific products or services provided by the Identomat to you.
  2. Privacy Policy and Cookies Policy shall constitute integral part of the present Terms and Conditions.
  3. Your use of the Website and the Identomat Software is voluntary. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions, including Privacy Policy and the Cookies Policy. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
2. Definitions
  1. For the purposes of These terms and Conditions:
    • Company – (referred to as either “the Company”, “the Identomat”, “We”, “Us” or “Our” in this Terms and Conditions) refers to the Identomat, with the registered address at 701 Ashton Ln S, Champaign, IL 61820, USA;
    • Service – refers to the Website or, where applicable – the Identomat software;
    • Terms and Conditions (also referred as “Terms”) – mean these Terms and Conditions that form the entire agreement between You and the Identomat regarding the use of the Service;
    • Third-party Service – means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service, including social media services;
    • Website – refers to the website, including all its content, of the Identomat, accessible at http://identomat.com/;
    • You – means the individual accessing or using the Service, or the company, or other legal entity or any entity without legal personality on behalf of which such individual is accessing or using the Service, as applicable.
  2. Other terms:
    • A reference to one gender includes a reference to the other gender;
    • Words in the singular include the plural and in the plural include the singular;
    • A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
    • Article headings are for convenience only and they do not affect the interpretation.
  3. Third-party Service – means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service, including social media services;
  4. Website – refers to the website, including all its content, of the Identomat, accessible at http://identomat.com/;
  5. You – means the individual accessing or using the Service, or the company, or other legal entity or any entity without legal personality on behalf of which such individual is accessing or using the Service, as applicable.
3. Contents of this Website. Disclaimers
  1. The contents of this Website are the property of the Identomat and are protected by copyrights, patents, trade secrets or other proprietary rights, whether registered or unregistered.
  2. The Website and any of the service accessible thereupon are provided to You “AS IS” and/or “AS AVAILABLE” and with all faults and defects, without warranty of any kind.
  3. The Website may or may not contain links to third-party websites or services, that are not owned or controlled by the Identomat. Therefore, we do not assume any responsibility for the content, privacy policies, or practices of any third party web sites or service.
  4. To the maximum extent permitted under applicable law, the Identomat, on its own behalf and on behalf of its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Identomat provides no warranty or undertaking, and makes no representation of any kind that the Website and any of the service accessible thereupon will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
4. Terms of Use of the Identomat Software
  1. By requesting the demonstration and/or using the Identomat software, you acknowledge that you have read and understood the Terms and Conditions and all the other policies and/or documents attached to it, including the Privacy Policy.
  2. In order to use the Demo version of the Identomat Software, you hereby agree:
    • To submit the information and documentation requested by the Software, including but not limited to the Biometric data in the form of image or video recording of your face and Your identification document, one of the types requested by the Software, which shall indicate at least name, surname, personal code, date of birth and etc.
    • To follow the steps and instructions as indicated by the Software.
  3. By uploading the documents and/or information to the Software, you acknowledge and declare that you have legal right to possess, use and/or upload such documents and/or information.
  4. You hereby undertake to grant the Software any and all necessary permissions and access to the various components of your devices hardware and/or software.
  5. The material aspects of processing of the Personal Data submitted by you in the process of using the Software are governed by the Privacy Policy.
  6. The Identomat shall use all commercially reasonable efforts for the software to minimize the errors in operation, however this shall not constitute and shall not be interpreted to constitute a warranty.
  7. The Identomat grants you a limited, non-exclusive, non-transferable license to access and use the Software solely for demonstration purposes.
  8. The Identomat shall not obtain any proprietary rights on the information and/or documentation that You upload to the Software, however, you grant the Identomat the right to use and process the information and/or documentation so uploaded in accordance with the Terms and Conditions, including all the policies and documents attached to it.
  9. You have the right to stop using the Software at any time, even if the process is not finished.
  10. The Identomat shall not be responsible or liable for any of the information and/or documents uploaded by You. You are responsible for any claims, losses or damages relating to all the information and/or documents uploaded by You.
  11. You agree to defend, indemnify and hold harmless the Identomat from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (a) any breach of the Terms and Conditions and/or from the information and/or documents uploaded by you.
  12. If You wish to do so, You may submit Your feedback and suggestions on the use of the Software to the following email address info@identomat.com, however, you acknowledge and declare that you waive any and all of the intellectual property rights on such submissions as well as any right to payment. Receipt of such feedback and/or suggestions by the Identomat, is not an admission by us of their novelty, priority or originality and the Identomat does not promise or guarantee any payment for such feedback or suggestion.

5. Limitation of Access. Termination
  1. You agree and acknowledge, that the Identomat is under no obligation to provide or continue providing access to this Website or any of the services accessible hereupon.
  2. The Identomat may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions, including any on or all of the agreements that constitute integral part of these Terms and Conditions.
  3. Upon termination, Your right to use the Service will cease immediately.
6. Limitation of Liability
  1. The Website, including the demo version of the Identomat software is provided to you free of any charge or payment.
  2. To the maximum extent permitted by applicable law, You acknowledge and agree that the Identomat shall not be liable for any damages, (including, but not limited to any special, incidental, indirect, or consequential damages whatsoever, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms) that You might incur under any provision of this Terms.
7. Governing Law and Dispute Resolution
  1. The Terms and Conditions shall be governed and interpreted in accordance with laws of the State of Delaware.
  2. Any disputes arising in relation to the Service shall be solved by mutual negotiations in good faith between You and the Identomat.
  3. If You and the Identomat fail to reach a mutually acceptable arrangement based following the procedure under paragraph 2 of this Article, You may resort to the dispute resolution mechanisms as set out in paragraph 4 of this Article.
  4. Competent judicial or administrative bodies of the State of Delaware, as applicable, shall have the exclusive jurisdiction to hear, adjudicate and/or decide upon disputes arising out of these Terms and Conditions.
8. Severability and Waiver
  1. A waiver of any right under this Terms and Conditions is only effective if it is in writing and signed by the waiving party, and it applies only to the person to whom the waiver is addressed and the circumstances for which it is given. Neither party’s failure nor neglect to enforce any of rights under this agreement will be deemed to be a waiver of that party’s rights.
  2. Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by the applicable laws.
  3. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect
9. Language and Copies
  1. The original of these Terms and Conditions shall be available and can be accessed at this Website https://identomat.com/terms-and-conditions/.
  2. The language of these Terms and Conditions shall be English. Any translations done for whatever purpose shall have no legal force between you and Identomat and, in case of differences between the original and the translated version, the English version shall prevail.
10. Changes to these Terms and Conditions
  1. The Identomat reserves the right, at its sole discretion, to modify or replace these Terms and Conditions, including the Terms of Use of the demo version of the Identomat software, Privacy Policy and the Cookies Policy, at any time.
  2. The Identomat will make the best effort to ensure that the modifications introduced to these Terms and Conditions and/or the Website or any of the Services accessible thereupon are compliant with the applicable laws and regulations. This is not and shall not be interpreted to represent a warranty.
  3. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.