SAFEPASSAGE TERMS OF SERVICE

1.1 About SafePassage

SafePassage, S.A.S. ("SafePassage," "we," "our," or "us") provides AI-powered age verification and document verification services through our platform. These Terms of Service ("Terms") govern your access to and use of SafePassage's services, website, and applications (collectively, the "Services").

1.2 Acceptance of Terms

By creating an account, accessing or using the Services, or clicking "I Accept" or "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms. You must accept these Terms before creating an account or using any of our Services. If you do not agree to these Terms, you may not create an account or use the Services. If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.

1.3 Account Registration

To use the Services, you must first create an account after accepting these Terms. During registration, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information to keep it accurate and current
• Choose an appropriate subscription plan for your needs
• Provide valid payment information if selecting a paid subscription plan

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify SafePassage of any unauthorized use of your account or any other breach of security.

1.4 Age Requirements

You must be at least 18 years old to create an account and use our Services. If you are accessing the Services on behalf of an organization, you confirm that you have the legal authority to bind that organization to these Terms.

2.1 Description of Services

SafePassage provides AI-powered age estimation and document verification services that enable you to verify the age of individuals. The Services include:

• Age estimation using artificial intelligence
• Document verification and authentication
• API access for integration with your applications or platforms

2.2 Service Availability

We strive to maintain 99% uptime of the Services. However, we do not guarantee uninterrupted access to the Services. We may perform scheduled maintenance during which the Services may be unavailable. We will make reasonable efforts to provide advance notice of scheduled maintenance.

2.3 Support Services

SafePassage provides technical support based on your subscription tier:

• All paid subscription plans include email support with response times varying by plan level
• Enterprise plans may include additional support options as specified in separate agreements
• Support response times exclude weekends and holidays

For critical issues affecting system availability, we provide expedited support for PRO and ENTERPRISE customers. The specific support levels and response times for each subscription tier are detailed in your account dashboard.

2.4 Relationship with Emblem

SafePassage partners with Emblem to provide certain aspects of the Services. While SafePassage utilizes Emblem's technology to enhance privacy and security features, your contractual relationship is solely with SafePassage. Emblem maintains its own Terms of Service and Privacy Policy (available at https://www.emblemapp.com/terms and https://www.emblemapp.com/privacy) which governs their services. By using SafePassage's Services, you acknowledge and agree that:

• Your verification data may be processed through Emblem's privacy infrastructure
• No personally identifiable information is stored or transmitted unnecessarily
• The use of Emblem's technology enhances privacy by creating separation between verification data and content services
• Emblem's systems provide "double anonymity" ensuring verification authorities cannot track which services users access, and content providers cannot identify which authority performed verification

3.1 Subscription Model

SafePassage operates on a subscription-based model with multiple tiers designed to meet different usage needs. Each subscription tier includes:

• A monthly base fee (if applicable)
• An included number of verifications per month
• Specified overage rates for verifications exceeding the monthly allowance
• Access to specific features and support levels

Current subscription tiers and their details are available in your account dashboard. SafePassage reserves the right to modify subscription tiers and introduce new plans.

3.2 Free Trial and Free Plan

SafePassage may offer:

• A free tier with limited monthly verifications
• Free trial periods for paid subscription tiers
• Promotional credits for new accounts

Free tier usage is subject to fair use policies and SafePassage reserves the right to suspend or terminate accounts that abuse free services.

3.3 Payment Processing

All payments are processed through our third-party payment processor (currently PayPal). By providing payment information, you:

• Authorize SafePassage to charge your payment method for all fees incurred
• Agree to the payment processor's terms and conditions
• Confirm that you are authorized to use the provided payment method

3.4 Billing Cycle

• Subscriptions are billed monthly in advance on a recurring basis
• Billing cycles begin on the day you subscribe to a paid plan
• Usage is calculated on a calendar month basis
• Overage charges, if any, are billed at the beginning of the following month

3.5 Usage and Overages

Each subscription tier includes a specific number of verifications per month. If you exceed your monthly allowance:

• Additional verifications will be charged at your plan's overage rate
• Overage charges will be automatically billed to your payment method
• You can monitor your usage in real-time through your account dashboard

SafePassage will send usage alerts as you approach your monthly limits to help you manage your usage.

3.6 Subscription Changes

You may upgrade or downgrade your subscription at any time through your account dashboard:

• Upgrades take effect immediately with prorated charges for the remainder of the current billing cycle
• Downgrades take effect at the beginning of your next billing cycle
• Cancellations take effect at the end of your current billing cycle

No refunds are provided for downgrades or cancellations.

3.7 Payment Terms

• Subscription fees are due upon receipt and charged automatically
• Overage invoices are due within 30 days of invoice date
• All fees are non-refundable unless otherwise required by law
• You are responsible for all taxes associated with your use of the Services

3.8 Failed Payments

If payment fails:

• We will attempt to process the payment again after 3 business days
• We may suspend your access to the Services after repeated payment failures
• Your account may be downgraded to the free tier if payment issues persist
• You remain responsible for all charges incurred before suspension

3.9 Price Changes

SafePassage reserves the right to modify pricing with thirty (30) days' notice via email. Your continued use of the Services after price changes take effect constitutes acceptance of the new pricing. You may cancel your subscription before new prices take effect.

3.10 Enterprise Agreements

Enterprise customers may have custom pricing and terms specified in a separate agreement. In case of conflict between these Terms and an enterprise agreement, the enterprise agreement prevails.

4.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not use the Services:

• In any way that violates applicable laws or regulations
• To infringe upon or violate the intellectual property rights or any other rights of anyone else
• To attempt to circumvent or disrupt the security or functionality of the Services
• To transmit viruses, malware, or other malicious code
• To exceed rate limits or abuse the Services
• To create multiple free accounts to avoid payment

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create strong, unique passwords
• Keep your account credentials and API keys secure
• Immediately notify SafePassage of any unauthorized use of your account
• Ensure that you log out from your account at the end of each session
• Not share your account with others

4.3 Compliance with Laws

You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including but not limited to:

• Data protection and privacy laws (GDPR, CCPA, etc.)
• Age verification requirements in your jurisdiction
• Consumer protection regulations
• Any laws applicable to your industry or business

4.4 Integration Responsibilities

If you integrate the Services into your own applications or platforms, you are responsible for:

• Properly implementing the integration according to our documentation
• Testing the integration thoroughly before deploying to production
• Maintaining compatibility with any updates to our API
• Ensuring your implementation provides a good user experience
• Not misrepresenting SafePassage's services or capabilities
• Clearly communicating to your users when SafePassage services are being used

4.5 API Usage

When using our API, you agree to:

• Use only valid API keys assigned to your account
• Respect rate limits and usage guidelines
• Not attempt to reverse engineer or compromise the API
• Monitor your usage to avoid unexpected charges

5.1 Data Collection and Use

SafePassage collects and processes data necessary to provide the Services, including:

• Facial images for age estimation
• Images of identification documents for verification
• Personal information extracted from identification documents
• Account and billing information

For complete information about our data practices, please review our Privacy Policy at https://portal.safepassageapp.com/privacy and our Biometric Disclosures at https://www.safepassage.co/biometric.

5.2 Security Measures

SafePassage implements appropriate technical and organizational measures to protect your data, including:

• Encryption of data in transit and at rest
• Access controls and authentication mechanisms
• Regular security assessments
• Employee training on data security practices

5.3 Data Retention

We implement a privacy-first approach and minimize data retention. SafePassage never collects or stores facial images, identification document images, or other personally identifiable information (PII) beyond what is necessary for verification. We retain data only for as long as necessary to provide the Services or as required by applicable laws.

5.4 Data Breach Notification

In the event of a data breach affecting your data, we will notify you without undue delay and no later than 72 hours after becoming aware of the breach, in accordance with applicable laws and regulations.

5.5 Data Processing Through Emblem

SafePassage has a data processing agreement with Emblem to provide privacy infrastructure services. When you use our Services:

• Certain verification data may be processed through Emblem's systems
• Emblem acts as a subprocessor of your data under SafePassage's direction and control
• Emblem implements appropriate technical and organizational measures to protect your data
• Emblem's privacy practices are governed by the same standards outlined in our Privacy Policy
• No personal data is transferred to countries outside the EEA without appropriate safeguards

5.6 Automated Decision-Making and Profiling

Our Services use automated processing, including AI-powered age estimation, to make determinations about individuals' ages. When our Services are used to determine access to age-restricted content or services:

• The automated decision is necessary for entering into or performance of a contract
• Alternative verification methods are available when requested
• Users have the right to obtain human intervention, express their point of view, and contest decisions made through automated means
• We implement suitable safeguards to protect data subjects' rights, freedoms, and legitimate interests

5.7 Data Portability

We provide data portability options to enable you to obtain and reuse your personal data across different services. Upon request, we will provide your personal data in a structured, commonly used, and machine-readable format, or transmit it directly to another controller where technically feasible.

6.1 Data Controller and Processor Roles

When providing Services to users in the European Economic Area (EEA), SafePassage acts as an independent data controller for the personal data processed during the verification transaction.

If you are a business using our Services to verify the age of your users or customers, you act as an independent data controller for any personal data you collect from your users. SafePassage and your business are separate and independent data controllers, each responsible for complying with applicable data protection regulations for the data you respectively process.

If you are a directory, referral service, or similar business that refers other businesses to SafePassage but does not directly use our verification services, you are not involved in the data processing activities related to age verification, and no controller-processor relationship exists regarding verification data.

SafePassage confirms its compliance with GDPR and other applicable data protection regulations in the processing of personal data for age verification purposes.

7.1 Ownership of Services

SafePassage owns and retains all right, title, and interest in and to the Services, including all software, algorithms, user interfaces, trademarks, logos, and other intellectual property incorporated into the Services. Certain components of the Services utilize technology from Emblem pursuant to license agreements between SafePassage and Emblem. Nothing in these Terms grants you any right, title, or interest in the Services or Emblem's technology except for the limited license expressly set forth herein.

7.2 License to Use

Subject to your compliance with these Terms and payment of applicable fees, SafePassage grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business purposes during the term of your subscription.

7.3 Restrictions

You shall not:

• Modify, translate, or create derivative works based on the Services if doing so infringes on SafePassage's intellectual property rights
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Remove, alter, or obscure any proprietary notices on the Services
• Use the Services for any purpose beyond the scope of the license granted in this section
• Sell, resell, license, sublicense, distribute, rent, or lease the Services
• Use the Services to create a competing product or service

7.4 Feedback

If you provide any feedback, comments, suggestions, or ideas regarding the Services, you grant SafePassage a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback without restriction.

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SAFEPASSAGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAFEPASSAGE DOES NOT MAKE ANY WARRANTIES REGARDING EMBLEM'S TECHNOLOGY, INCLUDING BUT NOT LIMITED TO ITS AVAILABILITY, RELIABILITY, OR SECURITY.

8.2 Age Estimation Limitations

You acknowledge that SafePassage's age estimation technology is based on artificial intelligence and machine learning algorithms that provide an estimate rather than a definitive determination of age. While SafePassage strives for high accuracy and has developed its technology in compliance with requirements from multiple regulatory bodies including Ofcom, Arcom, and KJM in Europe, all age verification systems have inherent limitations.

Factors such as lighting conditions, image quality, and individual physical characteristics may affect results in some cases. SafePassage does not guarantee 100% accuracy in all circumstances, which is consistent with the nature of all age verification technologies. By using the Services, you acknowledge these inherent limitations.

All parties acknowledge that age verification systems have inherent limitations, and no system can guarantee 100% accuracy in all circumstances. SafePassage is not liable for good faith errors in verification results when the Services are functioning as designed and used in accordance with our documentation.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFEPASSAGE, EMBLEM, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

THE PROTECTED PARTIES SPECIFICALLY DISCLAIM ANY LIABILITY ARISING FROM THE RESULTS OF AGE VERIFICATION OR DOCUMENT VERIFICATION SERVICES, INCLUDING BUT NOT LIMITED TO INCORRECT VERIFICATION RESULTS.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID BY YOU TO SAFEPASSAGE FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.4 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that SafePassage may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SafePassage's liability shall be the minimum permitted under such applicable law.

8.5 Force Majeure

SafePassage shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, terrorism, riots, war, governmental action, and technological failures or disruptions to third-party services upon which the Services rely.

9.1 Indemnification

You agree to defend, indemnify, and hold harmless SafePassage, Emblem, and their respective officers, directors, employees, agents, partners, and service providers (collectively, the "Indemnified Parties") from and against any claims, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) any activities conducted through your account; or (e) claims related to your implementation of the Services or reliance on verification results.

9.2 Term

These Terms will remain in effect from the date you accept them until terminated by you or SafePassage as described below.

9.3 Termination by You

You may cancel your subscription at any time through your account dashboard. Cancellation will take effect at the end of your current billing cycle. No refunds will be provided for the unused portion of your subscription.

9.4 Termination by SafePassage

SafePassage may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if:

• You breach any of the provisions of these Terms
• You fail to pay any fees when due
• You exceed usage limits or abuse the Services
• SafePassage believes, in its sole discretion, that your actions may cause legal liability for you, other users, or SafePassage
• SafePassage decides to discontinue the Services

9.5 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• SafePassage may delete your account and all associated data after the retention period
• You remain liable for all amounts due under your account up to and including the date of termination
• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

9.6 Data After Termination

Upon request made within 30 days of termination, SafePassage will make your data available for export or download. After such a 30-day period, SafePassage shall have no obligation to maintain or provide any of your data and may, unless legally prohibited, delete all such data in its systems or otherwise in its possession.

10.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in King County, Washington, and you hereby consent to personal jurisdiction and venue in such courts.

10.2 Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in King County, Washington, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

10.3 Waiver of Jury Trial

EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

10.4 Entire Agreement

These Terms constitute the entire agreement between you and SafePassage regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms. Enterprise customers may have additional terms specified in separate agreements.

10.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

10.6 No Waiver

SafePassage's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

10.7 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without SafePassage's prior written consent. SafePassage may assign these Terms in whole or in part at any time without your consent.

10.8 Notices

All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; and upon receipt, if sent by certified or registered mail, return receipt requested. Notices to SafePassage should be sent to the email addresses listed below.

10.9 Modifications to Terms

SafePassage reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and notifying you via email at least thirty (30) days before such changes take effect. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cancel your subscription before the changes take effect.

10.10 Contact Information

If you have any questions about these Terms, please contact us at:

10.11 Third-Party Beneficiaries

Emblem is an express third-party beneficiary of these Terms and may enforce its rights under these Terms directly against you, including but not limited to the limitations of liability, indemnification provisions, and intellectual property rights.