Terms Of Use

1. Agrement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you, personally or on behalf of an entity (“You”) and Zyphe Ltd. (“Zyphe”, “we” or “us”).

The Terms apply to your access, and use of, the website, mobile application, software development kits, and other products and services (collectively, the “Services”) offered by Zyphe.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Zyphe for products, services, or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you violate these Terms.

We reserve the right to change or modify these Terms at any time and our sole discretion. We will alert you about any changes by updating the “Last updated” date of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms.

If you do not agree with all of these Terms or any amended Terms, you are prohibited from using any of Zyphe’s Services and you must discontinue immediately.

2. Intellectual Property Rights

Any use of the Services or the Content other than as specifically authorised herein, without the prior written permission of Zyphe, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by Zyphe, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Unless otherwise indicated, the Services and all content and other material therein, including the site, source code, databases, functionality, software, designs, text, graphic, pictures, information, and data (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Zyphe or by our licensors and are protected by international copyright laws and trademark laws.

Provided that You are eligible to use our Services, you are granted a limited, non-exclusive, non- sublicensable license to access and use the Services and Content.

Such license is subject to these Terms and does not include:

1. any resale or commercial use of the Services or the Content therein;
2. the collection and use of any product or service listings, pictures, or descriptions;
3. the distribution, public performance, or public display of any Content;
4. modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof;
5. use of any data mining, robots, or similar data gathering or extraction methods;
6. downloading (other than the page caching) of any portion of the Services, the Content, or any information contained therein, except as expressly permitted on the Services; and
7. any use of the Services or the Content other than for their intended purposes.

3. What information do we collect?

Please refer to our Privacy Policy (https://zyphe.com/privacy-policy) for information about how Zyphe collects, uses, and discloses information in relation to our identity verification services. For information about the information collected on our websites, please refer to the Zyphe Website Data Usage and Cookies Policy (https://zyphe.com/cookies-policy).

4. What information do we collect?

By using our Services as an end-user, You represent and warrant that:

1. All registration information you submit is true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update them if necessary;
3. You have the legal capacity and You agree to comply with these Terms;
4. You are not a minor in the jurisdiction you reside in, or if You are a minor, You have received
   parental permission to use our Services;
5. You will not access our Services through automated or non-human means, whether bots,
   scripts, or other means.
6. You will not use our Services for any illegal or unauthorized purpose;
7. Your use of our Services does not violate any applicable law or regulation;
8. You will maintain the security of your credentials and promptly notify Zyphe if you discover
   or suspect any security breach;
9. You have not been previously suspended or removed from the Services;
10. You do not have more than one account with Zyphe.

By using our Services as an end-user, You represent and warrant that:

1. Zyphe and/or our partners will carry out all necessary searches in order to verify your
   information; and
2. Zyphe will not be able to complete any identity verification services until you have
   provided all the required information.

5. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Zyphe or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any offensive material, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Zyphe logo or other proprietary graphics of Zyphe to link to the Services without the express written permission of Zyphe. Further, you may not use, frame, or utilise framing techniques to enclose any Zyphe trademark, logo, or other proprietary information, including the images found at the Services, the content of any text, or the layout/design of any page or form contained on a page on the Services without Zyphe's express written consent. Except as noted above, you have not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Zyphe or any third party.

Zyphe makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Services, or websites linking to the Services. Such sites are not under the control of Zyphe, and Zyphe is not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. Zyphe provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Zyphe of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.

6. Third Party Content

Zyphe may provide third-party content on the Services and may provide links to web pages and content of third parties (collectively, "Third-Party Content") as a service to those interested in this information. Zyphe does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Zyphe is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

7. Warranties and Disclaimers

We provide our Services on an “as is” and “as available” basis. Other than as expressly set out in these terms or additional terms, neither Zyphe nor its partners makes any specific promises, either express or implied, about the Services. For example, we do not make any commitments about the Content within the Services, the specific functions of the Services, or their availability or ability to meet your needs.

To the extent permitted by law, we exclude all warranties connected to your use of our Services.

Zyphe reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and obligation or liability to you. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Zyphe. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

8. Limitations of Liability

In no event Zyphe or its directors, employees, or affiliated parties be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Services or the content contained in or accessed
through the Services, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from Zyphe, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Zyphe’s records, programs or Services.

In no event shall the aggregate liability of Togggle whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Services or to these terms exceed the greater of 1000 GBP or any compensation you pay, if any, to Zyphe for access to or use of the Services.

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Zyphe and its directors, employees, or affiliated parties from any claim, action, or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgments, litigation costs, and legal fees.

9. Modifications to the Services

Zyphe reserves the right to modify or remove the Services or its Contents or any feature or portion thereof at any time at our sole discretion without prior notice.

You agree that Zyphe will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.

10. Terminations

Notwithstanding any of these Terms, Zyphe reserves the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof.

11. Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

12. Governing Law

These Terms and all disputes and claims arising out of or in connection with them are governed by English law. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these Terms or the Services (including their subject matter or formation).

If You, as a consumer, have habitual residence in the EU, You additionally possess the protection provided to you by mandatory provisions of the law of your country of residence.

You and Zyphe both agree to submit to the non-exclusive United Kingdom jurisdiction. This means that you can make a claim to defend your consumer protection rights in regard to these Terms in the United Kingdom or in the EU country in which you reside.

13. Contact Us

In order to resolve a complaint regarding our Services or to receive further information regarding our Services, please contact us at: help@zyphe.com