Terms – App

PLEASE READ CAREFULLY BEFORE PROCEEDING

This end-user licence agreement (“EULA”) is a legal agreement between you (the “End-user” or “you”) and Planet Verify Limited trading at the NDRC, Digital Exchange Building, Crane St, Dublin 8 (“Licensor”, “us” or “we”) for the PlanetVerify App (version:  l ) (the “App”).

We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any app provider or operator from whose sitethe End-user downloaded the App (the “App Provider Rules”). We do not sell the App to you. We remain the owners of the App at all times.

IMPORTANT NOTICE:

  • BY PROCEEDING OR CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. THE TERMS OF THE LICENCE INCLUDE, IN PARTICULAR, THE PRIVACY POLICY DEFINED IN SECTION 5 AND LIMITATIONS ON LIABILITY IN SECTION 8.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THIS PROCESS NOW BY CLICKING ON THE “CANCEL” BUTTON BELOW OR BY UNINSTALLING AND DELETING THE APP FROM YOUR DEVICE.

You should print a copy of this EULA for future reference.

Agreed terms

1.0 Acknowledgements

1.1 The terms of this EULA apply to the App or any of the Services accessible through the App (as defined below) including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

1.2 We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

1.3 From time to time updates to the App may be issued by the App Provider. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.

1.4 If the mobile telephone or handheld device onto which you are downloading the App (each a “Device”) is not owned by you, you will be assumed to have obtained permission from the owner to download a copy of the App onto the Device. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.5 The terms of our privacy policy available at http://www.planetverify.com/privacy (the “Privacy Policy”) are incorporated into this EULA by reference and apply to the Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

1.7 The Services may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off “location services” in the App settings.

1.8 The App or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2.0 The Services

2.1 The App offers two main services:

(a) The App acts as an intermediary between You (the End-User) and a third party who has requested that you provide them with certain information including personal details and documentation (the “Requester”). The App allows you to capture and make copies of your personal details and documentation, which may include proof of address, personal references and forms of identification (the “Documentation”). The App allows you to store this Documentation on your device in a secure enrypted format and transmit securely the Documentation to the Requester.

(b) Upon request, the Requester can also use the PlanetVerify platform to request that the authenticity of the Documentation provider be verified. This verification can be carried out by the Requester themselves or by a third party on behalf of the Requester using the Documentation which you have provided to the Requester (a “Verification” or to “Verify”).

(the “Services”).

2.2 We act as an intermediary between you (the End User) and the Requester. Where you upload or otherwise capture the Documentation on your Device, it is stored locally on your Device. (Note that, although the PlanetVerify App provides a backup option it is entirely your responsibility to follow procedures to back up all of your device data which includes any Documentation held within your App.) When you prompt the App to share the Documentation with the Requester, it is held by our secure cloud directly according to the needs of the Requestor and their agreement with you.

2.3 PlanetVerify provides the Requestor a secure storage option for your personal data including the option of 2 Factor Authentication (2FA) which requires not only a secure password but also the Requestor’s device. We strongly recommend that Requestor switches on the PlanetVerify 2FA but it is the Requestor’s decision in the end to do so and is determined by the Requestor’s policy or their prior agreement with you.

2.4 PlanetVerify also provides Requestor a convenient “One-Click” method for deleting all the personal data they hold about you on the PlanetVerify cloud if they require or if you should request them to do so.

2.5 We are not responsible for nor will we bear any liability for:

(a) the type of Documentation which You submit to a Requester;

(b) your decision to submit Documentation to a Requester;

(c) any decisions which are made by a Requester which follow your decision to submit Documentation to them (including where they request a Verification);

(d) a Requester purporting to be someone they are not (noting that we endeavour to verify the identity of signed-up Requesters); or

(e) accidental deletion of your data for any reason.

2.6 Once you use the App to submit Documentation to the Requester, the Requester has the ability to download and retain the Documentation permanently (subject at all times to any obligations which they might have under data protection law or other applicable laws and anything to the contrary that you may have agreed with them in writing). You should not transmit Documentation to the Requester unless you trust that party and are confident that they are who they are purporting to be. While we make reasonable efforts to verify the identity of Requesters, we take no responsibility for and exclude all liability in respect of transmissions by you of Documentation to Requesters.

2.7 Requester’s have the option of asking us to Verify the Documentation which you have submitted. In order to do this, we may contact third parties for assistance.

2.8 Where we are requested to Verify a credit card, we will do so by placing a small charge(s) on the card. We will contact you to obtain your specific consent to do this beforehand.

2.9 The decision to Verify your Documentation is taken by the Requester and we (or a third party appointed by us), carries out this Verification at their request. By using the App and submitting your Documentation to a Requester, you agree that your Documentation may be subject to Verification at the request of the Requester. We have no obligation or liability towards you in respect of the Verification process or the results of same.

2.10 When a document is Verified, the history of the Verification of that document will be visible if the same document is used or transmitted by you to subsequent Requesters. Any Verification (whether provided by a Requester or by some third party on behalf of a requester) may be withdrawn, retracted or removed at any time.

3.0 Grant and scope of licence

3.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the App Provider Rules, incorporated into this EULA by reference. We reserve all other rights.

3.2 You may:

(a) download a copy of the App onto most Android phones or the iPhone 4, 4s, 5, 5s, 6, 6 plus, 7; and

(b) view, use and display the App on the Devices for your personal purposes only.

4.0 Licence restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

4.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

4.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

4.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

4.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 82 of the Copyright and Related Rights Act 2000) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

(a)  is used only for the purpose of achieving inter-operability of the App with another software program;

(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(c) is not used to create any software that is substantially similar to the App;

4.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

4.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;

4.7 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

4.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (the “Technology”)

together the “Licence Restrictions”.

5.0 Acceptable Use Restrictions

5.1 You must:

(a) not use the App or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not falsify your identity in any way;

(f) not load or forward personal details or documents that have been falsified or forged;

(g) only present Documentation to a Requester using the Site. You must not, and agree not to, present Documentation to a Requester by showing them the Documentation on your Device.

(h) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

together the “Acceptable Use Restrictions”.

5.2 By downloading and using the App, you warrant that:

(a) you have the right to submit the Documentation and that your submitting; and

(b) the Documentation which you are submitting does not contain the personal data of any third parties, or to the extent that it does contain the personal data of third parties you have obtained their consent to its submission and subsequent processing on the terms of this EULA (including the Privacy Policy).

6.0 Intellectual property rights

6.1 You acknowledge that all intellectual property rights in the App, and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, or the Technology other than the right to use each of them in accordance with the terms of this EULA.

6.2 You acknowledge that you have no right to have access to the App in source-code form.

7.0 No Warranty

7.1 All warranties in respect of the App and the Service, express or implied are, to be greatest extent permitted by law, excluded. We make no warranty whatsoever that the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described on our website.

8.0 Limitation of liability

8.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

8.2 We only supply the App for personal and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.3 We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with your download of the App and your use of the Services.

8.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to €1,000. This does not apply to the types of loss set out in condition 5.

8.5 Nothing in this EULA shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability that cannot be excluded or limited by the laws of Ireland.

9.0 Termination

9.1 We may terminate this EULA immediately by written notice to you:

(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;

(c) if we become the subject of proceedings relating to insolvency, receivership, liquidation or other similar arrangements;

(d) if we consider that the provision of the Service breaches or is likely to breach any law or enactment which is now or may in the future come into force; and

(e) if you are found to have falsified your identity;

(f) if you are found to have forwarded a document about someone else without their permission;

(g) if you are found to have forwarded personal details or a document for the purposes of deceiving the Requestor;

(h) if you are found to have forwarded false information; or

(i) if you are found to have loaded or forwarded falsified or forged documents.

9.2 On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;

(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.

9.3 We reserve the right to suspend or close your PlanetVerify account or withdraw the App immediately

10.0 Communication between us

10.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Planet Verify Limited trading at NDRC, Digital Exchange Building, Crane St, Dublin 8 or info@planetverify.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

10.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

11.0 Force Majeure

11.1 Notwithstanding any other provision of this EULA, we shall not be liable for any delay in performing, or failure to perform, any of our obligations under this EULA if, and to the extent, performance is delayed or prevented due to a cause or causes that are beyond our reasonable control and occurring without our fault or negligence (each a “Force Majeure Event”), including, but not limited to, acts of God, acts of government, flood, fire, earthquake, civil unrest, acts of terror, sabotage (including network intrusions, hacking and denial of service attacks), vandalism, strikes or other labour problems, computer attacks, failure of public or private telecommunications networks or malicious acts.

11.2 If a Force Majeure Event takes place that affects the performance of our obligations under this EULA:

(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Force Majeure Event.

12.0 Other important terms

12.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

12.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

12.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

12.5 Please note that this EULA, its subject matter and its formation, are governed by the laws of Ireland. You and we both agree that the courts of Ireland will have exclusive jurisdiction.

This agreement has been entered into on the date that you download the App.