IDFire

Terms of Service

This is the agreement between you and IDFire Technologies Inc. It sets out what we will do, what we ask of you, and what happens if something goes wrong.

Two things to read before the rest

Section 20 requires most disputes to go to binding individual arbitration and waives your right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms, by a single email, without affecting anything else. Section 20.8 tells you exactly how.

Section 9 explains that we cannot recover your vault. Your vault is encrypted with keys we do not hold. If you lose your device and your recovery material, the contents are unrecoverable by anyone, including us.

Contents
  1. Agreement to these Terms
  2. What IDFire is
  3. Eligibility
  4. Your account
  5. Identity verification, and its limits
  6. Biometric information
  7. Phone number and SMS
  8. Child accounts
  9. The vault, and what we cannot do for you
  10. Relying parties
  11. Acceptable use and enforcement
  12. Fees
  13. Intellectual property and feedback
  14. Suspension, termination and deletion
  15. App store terms
  16. Electronic communications and signatures
  17. Copyright and the DMCA
  18. Disclaimers
  19. Limitation of liability and indemnity
  20. Dispute resolution and arbitration
  21. Governing law
  22. California users
  23. Export control and sanctions
  24. Changes to these Terms
  25. General
  26. Contact and notices

1. Agreement to these Terms

By creating an IDFire account, or by accessing or using the IDFire mobile applications, browser extension, website, APIs or any related service (together, the "Services"), you agree to these Terms of Service (the "Terms") with IDFire Technologies Inc., a Delaware corporation ("IDFire", "we", "us").

If you do not agree, do not use the Services. If you are agreeing on behalf of an organisation, you represent that you have authority to bind it, and "you" means that organisation.

Our Privacy Policy, Biometric Data Policy and SMS Terms are incorporated into these Terms by reference.

2. What IDFire is

IDFire is an identity verification and personal identity management service. It lets you establish a verified identity, prove specific facts about yourself to other services without disclosing more than necessary, sign in using your device and your face, and store credentials and documents in an encrypted vault.

IDFire is not a consumer reporting agency, a credit bureau, a background-check provider, a government service, or a legal identity document. An IDFire identity is not a substitute for a government-issued ID, and no statement by IDFire about you is a determination of your eligibility for credit, insurance, employment, housing or any other benefit.

3. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction if that is higher (for example 19 in Alabama and Nebraska, and 21 in Mississippi), and capable of forming a binding contract, to hold an adult IDFire account. By using the Services you represent that you meet those requirements.

Users under 18 may use IDFire only through a child account created and managed by their parent or legal guardian under Section 8.

You may not use the Services if you are barred from doing so under applicable law, or if we have previously terminated your account, except where we agree otherwise in writing.

4. Your account

You agree to provide accurate, current and complete information, and to keep it accurate. Providing false identity information, or presenting a document that is not yours or has been altered, is a material breach of these Terms and may be unlawful.

You are responsible for maintaining the security of your account and your device, and for activity that occurs under your account. Tell us promptly at support@idfire.ai if you believe your account or device has been compromised.

IDFire is designed so that one person holds one identity. You may not create or attempt to create more than one IDFire identity for yourself.

5. Identity verification, and its limits

Identity verification depends on the quality of the document you present, the data made available by issuing authorities, the capabilities of your device, and the state of the art in fraud detection. We do not guarantee that any verification will succeed, or that it will succeed within any particular time.

We also do not guarantee that verification is infallible. Biometric and document-authentication systems have measurable error rates. We may decline to verify you, decline to issue an identity, or revoke one, where we reasonably believe a verification is unreliable or fraudulent.

Two decisions are made automatically and can materially affect you: refusal of enrolment when our one-person-one-identity check indicates you already hold an IDFire identity, and failure of a liveness check. You may request that a person review either decision, put your case, and contest the result, by writing to privacy@idfire.ai. This is described in Section 8 of the Privacy Policy.

6. Biometric information

IDFire collects facial biometric identifiers. We do not collect voice biometrics; that modality has been permanently retired.

Before any biometric capture, we show you a notice and ask you to sign a written release. Capture cannot proceed until that release is recorded, and that requirement is enforced on our servers. You may decline; document-based verification remains available, though features that depend on biometric assurance will not be.

What we store is a protected mathematical representation, not your photograph. The raw capture and depth map are held in memory only for the life of a single request and are overwritten before that request returns. We do not sell, lease, trade or otherwise profit from biometric information.

Full detail, including retention periods and how to withdraw consent, is in our Biometric Data Policy and in Section 3 of the Privacy Policy. Those documents govern in the event of any inconsistency with this section.

7. Phone number and SMS

To create an account you may need to verify a phone number with a one-time passcode sent by SMS. By submitting your number and requesting a code, you consent to receive that message. One message per verification attempt. We do not send marketing SMS. Message and data rates may apply. Reply STOP to opt out and HELP for help. Full detail is in our SMS Terms.

8. Child accounts

A parent or legal guardian may create a child account from their own verified adult account, after giving verifiable parental consent. By doing so you confirm that you are the child's parent or legal guardian and that you have authority to consent on their behalf.

You are responsible for your child's use of the Services and for the settings you enable. You may review what we have collected about your child, refuse further collection, and require deletion, at any time. Withdrawing consent ends the child account, because it cannot operate without consent.

We are required by US federal law to report apparent child sexual abuse material to the National Center for Missing & Exploited Children and to preserve the associated records. That obligation overrides any deletion request, including a parent's.

9. The vault, and what we cannot do for you

The IDFire vault encrypts your passwords, documents and files on your device with keys derived on your device. We receive and store ciphertext only. We do not hold your keys and we cannot decrypt your vault.

The consequence is unavoidable and we want it stated plainly: if you lose your device and your recovery material, no one — including IDFire — can recover the contents of your vault. Keep your recovery material safe and offline. We are not liable for data you lose this way.

You are responsible for the lawfulness of what you store. Do not store content whose possession is itself unlawful.

10. Relying parties

When you use IDFire to verify yourself to a third-party service (a "relying party"), we disclose only the attributes you approve for that transaction, and we show you what will be disclosed before it is.

Relying parties are independent. They are not our agents, we do not control them, and once they receive information from you they act as independent controllers of it under their own terms and privacy policies. Your dealings with a relying party are between you and them.

11. Acceptable use and enforcement

11.1 What you must not do

You agree not to:

11.2 Our published enforcement categories

We publish the categories under which we ban accounts, so that enforcement is not arbitrary. Two kinds of record can result. Only the unlawful-act tiers can produce a biometric record, and only where a documented evidence pack supports it.

TierConductRecord kept
U1 FraudDeception for financial or identity gain: synthetic identities, account takeover, document forgery used to open or operate an accountBiometric permitted
U2 Child sexual exploitationCreating, possessing, distributing or soliciting child sexual abuse material; groomingBiometric permitted
U3 Sanctions evasionEvading sanctions screening, or acting for a sanctioned person or entityBiometric permitted
U4 Credible threats of violenceCredible, specific threats against a person, a group, or our staff, at or above the criminal thresholdBiometric permitted
C1 Terms of Service abuseMaterial, repeated breach of these Terms not covered by another tierNon-biometric only
C2 SpamBulk unsolicited messaging, commercial spam, coordinated inauthentic activityNon-biometric only
C3 Harassment below the criminal thresholdTargeted harassment, abuse or bullying not meeting the criminal or credible-threat thresholdNon-biometric only
C4 Ban evasionCreating or operating an account to evade an existing, validly imposed banNon-biometric only
C5 Payment abuseChargeback abuse, promotion or referral abuse, payment-instrument misuse below the criminal fraud thresholdNon-biometric only

11.3 Limits we place on ourselves

These are commitments, not descriptions of our discretion.

11.4 Appeals

You may appeal any enforcement decision by writing to support@idfire.ai. A person who was not involved in the original decision reviews the appeal. You may put your case and supply evidence. If we uphold the decision we will tell you why, to the extent we lawfully can.

12. Fees

The Services are currently offered without charge. If we introduce paid features, we will describe the price and the billing terms before you buy, and no charge will apply to you without your agreement. Nothing in this section obliges us to keep any feature free.

13. Intellectual property and feedback

We own the Services and everything in them, apart from your content. We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Services as permitted by these Terms. You may not use our name, logo or branding without our written permission.

You keep ownership of your content, including your vault contents and the information you supply. You grant us only the licence we need to operate the Services for you — to store, transmit, process and display your content for that purpose. For encrypted vault contents, that licence is necessarily limited to storing and transmitting ciphertext.

If you send us feedback or suggestions, you grant us an unrestricted, perpetual, royalty-free right to use them, with no obligation to you.

14. Suspension, termination and deletion

You may stop using the Services and delete your account at any time, from the app or at idfire.ai/delete-account. What deletion does, and what survives it, is described on that page and in Section 7 of the Privacy Policy.

We may suspend or terminate your access where you materially breach these Terms, where we are required to by law, where continued access poses a security or safety risk, or where we cease to offer the Services. Except where we reasonably believe notice would create a legal, safety or security risk, we will tell you and give you an opportunity to respond.

Sections 9, 13, 18, 19, 20, 21 and 25 survive termination.

15. App store terms

These Terms are between you and IDFire only, not with Apple Inc. or Google LLC. The following apply where you obtained the IDFire application from the Apple App Store, and are required by Apple.

  1. Acknowledgement. IDFire, not Apple, is solely responsible for the IDFire application and its content.
  2. Scope of licence. Your licence to use the application is a non-transferable licence to use it on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
  3. Maintenance and support. IDFire is solely responsible for providing any maintenance and support services, as stated in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the application.
  4. Warranty. IDFire is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be IDFire's sole responsibility.
  5. Product claims. IDFire, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including product liability claims, any claim that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation, including in connection with the application's use of the HealthKit and HomeKit frameworks.
  6. Intellectual property rights. In the event of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, IDFire, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
  7. Legal compliance. You represent and warrant that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
  8. Developer name and address. IDFire Technologies Inc. Questions, complaints and claims about the application should be directed to support@idfire.ai.
  9. Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using the application.
  10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right — and is deemed to have accepted the right — to enforce these Terms against you as a third-party beneficiary of them.

Where you obtained the application from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not a party to these Terms and has no responsibility for the application.

16. Electronic communications and signatures

You consent to receive records and communications from us electronically — by email to the address on your account, by notice in the app, or by posting to idfire.ai — rather than on paper. This consent covers these Terms, our privacy and biometric policies, the biometric written release, verification results, security notices, and any disclosure the law otherwise requires to be in writing.

Because one of those records is a written release for biometric information, we set out the position required by the federal E-SIGN Act (15 U.S.C. § 7001) explicitly.

17. Copyright and the DMCA

If you believe material accessible through the Services infringes your copyright, send a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent at legal@idfire.ai, with the subject line DMCA Notice, including: your physical or electronic signature; identification of the work claimed to be infringed; identification of the material and its location; your contact details; a statement that you have a good-faith belief the use is not authorised; and a statement, under penalty of perjury, that the notice is accurate and that you are authorised to act for the owner.

You may send a counter-notice under § 512(g) to the same address. We terminate the accounts of repeat infringers in appropriate circumstances.

Note the practical limit: we cannot read your vault. Its contents are encrypted with keys we do not hold, so we cannot search it, review it, or assess a claim about it.

18. Disclaimers

The Services are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express, implied and statutory, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, timely, secure or error-free, that verification results will be accurate in every case, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. Nothing here limits any non-excludable statutory right you have as a consumer.

19. Limitation of liability and indemnity

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, however caused and on any theory of liability.

Our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

These limits do not apply to liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or, where applicable law so provides, for our gross negligence or wilful misconduct, or for statutory damages under a biometric privacy statute where such limitation is unenforceable.

You agree to indemnify us against third-party claims arising from your breach of these Terms, your misuse of the Services, or your violation of law or of a third party's rights. We will notify you of any such claim, let you control the defence with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim in a way that imposes an obligation on us without our written consent.

20. Dispute resolution and arbitration

Please read this section carefully

It affects your legal rights. It requires most disputes to be resolved by binding individual arbitration rather than in court, and it waives your right to a jury trial and to participate in a class action. You can opt out within 30 days under Section 20.7 and remain a user on every other term.

20.1 Talk to us first

Before starting arbitration, send a written Notice of Dispute to legal@idfire.ai describing the dispute and the relief you want. We will do the same for a dispute we have with you. We will each try in good faith to resolve it informally for 60 days. This step is a precondition to arbitration, and the limitation period is tolled while it runs.

20.2 Agreement to arbitrate

If we cannot resolve the dispute informally, you and IDFire agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules (or its Consumer Arbitration Minimum Standards where they apply), before a single arbitrator. The Federal Arbitration Act governs this section.

20.3 What is excluded

This section does not apply to:

20.4 Individual basis only

Arbitration is on an individual basis. Neither of us may bring a class, collective, consolidated or representative action, and the arbitrator may not consolidate claims or preside over a class proceeding. You and IDFire each waive the right to a jury trial.

If this paragraph is found unenforceable as to a particular claim or remedy, that claim or remedy proceeds in court and the rest of this Section 20 continues to apply to all other claims.

20.5 Coordinated filings

If 25 or more similar claims are filed against IDFire by or with the assistance of the same law firm or coordinated group, the claims will be administered in sequential batches of no more than 50, each batch heard by a single arbitrator, with the remaining claims held in abeyance until each batch concludes. The limitation period is tolled for every claim held in abeyance, and any claimant may opt out of batching and proceed individually.

This provision exists to make large numbers of claims administrable. It does not make any outcome binding on a claimant whose own claim has not been heard, no claim is dismissed or prejudiced by the result in another, and nothing here reduces what any individual claimant can recover. IDFire pays the arbitration fees for batched claims on the same basis as Section 20.7.

20.6 Where, and how

Arbitration takes place in the county of your residence, or by telephone or video conference, or by written submission, at your election. If the claim is for US$25,000 or less, you may choose a documents-only arbitration.

20.7 Costs

We will pay all JAMS filing, administration and arbitrator fees for any claim you bring for US$25,000 or less, unless the arbitrator finds the claim frivolous. For larger claims, fees are allocated under the JAMS rules. Each party bears its own legal fees unless a statute or the arbitrator's award provides otherwise. Nothing here limits a fee-shifting right you have by statute.

20.8 How to opt out

You may reject this arbitration agreement by emailing legal@idfire.ai with the subject line Arbitration Opt-Out, within 30 days of first accepting these Terms, stating your name and the email address on your account. That is all that is required.

Opting out costs you nothing. It does not affect your account, your access to the Services, or any other term. If you opt out, disputes go to the courts identified in Section 21.

20.9 Changes

If we materially change this Section 20, you may reject the change by emailing us within 30 days of the change taking effect, and the previous version will continue to apply to you.

21. Governing law

These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 20. IDFire Technologies Inc. is incorporated in Delaware; its internal corporate affairs are governed by Delaware law.

For any dispute not subject to arbitration, you and IDFire submit to the exclusive jurisdiction of the state and federal courts located in California, and waive any objection to venue there.

If you are a consumer resident in a jurisdiction whose law gives you the benefit of mandatory local consumer-protection provisions, nothing in this section deprives you of them.

22. California users

Under California Civil Code § 1789.3, California users are entitled to this notice:

23. Export control and sanctions

The Services incorporate cryptography and are subject to US export control laws. You represent that you are not located in, and are not a national or resident of, a country subject to comprehensive US sanctions, and that you are not on any US government restricted-party list. You agree not to use or export the Services in violation of those laws.

24. Changes to these Terms

We may update these Terms. We will post the updated version here and change the "Last updated" date. For a material change we will give advance notice in the app or by email before it takes effect. Continuing to use the Services after that date means you accept the change. If you do not accept it, stop using the Services and delete your account.

25. General

26. Contact and notices

Legal notices, Notice of Dispute, arbitration opt-outlegal@idfire.ai
Support and appealssupport@idfire.ai
Privacy and rights requestsprivacy@idfire.ai
EntityIDFire Technologies Inc., a Delaware corporation

We may give you notice by email to the address on your account, or by a notice in the app. You agree to receive communications from us electronically.