Terms of use

Effective Date: 01 September 2023

Preamble

Welcome to xComply! Kindly note that the usage of xComply (also referred to as ‘xComply’ or ‘we’, ‘our/ours’, ‘us’) websites are conditioned upon these Terms of Use, from now on called ‘Terms’.

These Terms only govern website visitors’ (also referred to as ‘you’, ‘your/yours’) access to and use of the xComply website (xComply.ai) and xComply’s public-facing website (xComply.ca) (collectively the ‘Websites’).

Please read these Terms carefully as they define your rights and obligations to xComply when using the Websites.

These Terms should not be considered an agreement that specifies contractual obligations for the provision of identity verification services. They also do not alter in any way any other agreement you may have with xComply.

Your use of the xComply website constitutes automatic acceptance of these Terms.

Definitions

Agreement – The legal act establishing rights and obligations of concerning parties.

Customer – The legal entity to which xComply provides services under the Terms and Conditions (Service Provider Agreement).

Customer Account – A dedicated account created by a prospective Customer’s representative via xComply’s website for the purposes of subsequent provision of services and invoicing.

Service(s) – The identity verification service and connected services provided by xComply.

Demo version of Services – Referred to as WebSDK Demo on xComply’s website.

Website Visitor – Any individual using Websites or the Demo version of Services.

Websites Content – The protected results of intellectual activity, including any text, music, sound, photographs, video, graphics, data, or software, trademarks, trade names, trade styles, logos, and other intellectual property presented on or through the Websites.

Scope of These Terms

When interacting with the Websites, you, as a Website visitor, should respect the provisions of these Terms.

When creating a Customer Account on the xComply website, you, as a Customer, are bound by the Terms and Conditions, which constitute the contractual obligations for the provision of services.

Your Privacy

For website use and access to content, we collect necessary data about you—so-called “necessary cookies”. You can find more information in our Privacy Policy. Some interactions with the Websites, such as filling out forms or receiving feedback for requests, may lead to the collection of other personal data. The rules for processing such data are available in the Privacy Policy.

Age Requirements

You may only use the Websites if you are 16 years of age or older. To register for a Customer Account, use the Demo version of the services, submit a request to us, or subscribe to receive any content or marketing materials, you must have reached the age of majority under the laws of your country of citizenship and/or residence.

If you do not meet these requirements, you are not permitted to use the Websites or interact with us in any manner.

Customer Account Use

Certain areas of the Websites are restricted to authorized visitors only.

When creating a Customer Account, you are responsible for maintaining the confidentiality of your password and account access and take full responsibility for all activities that occur under your credentials. If you suspect your password has been compromised, you must notify xComply immediately.

Rules of Communication and Interaction with the Websites

As the Websites allow you to interact with xComply, the following rules must be followed. Failure to comply may result in being blacklisted and barred from future interactions:

  • Do not use obscene language.
  • Do not send messages that are abusive, threatening, harassing, defamatory, ageist, sexist, or racist.
  • Do not send messages that promote or incite violence.
  • Do not send spam.
  • Do not send viruses, malware, or other harmful software.
  • Do not impersonate other people.

Intellectual Property

7.1 Copyright

All content on the Websites—including articles, graphics, images, videos, and software—is the property of xComply and protected by copyright law. Unauthorized use, copying, or modification is prohibited.

7.2 Trademarks and Trade Dress

All trademarks, logos, and brand elements on the Websites are legally protected. Unauthorized use, imitation, or modification is prohibited.

7.3 Copyright Complaints

Intellectual property infringement complaints can be sent to: privacy@xComply.ca

Exclusion of Warranties

You use the Websites at your own risk. xComply provides the Websites “as is” and “as available” without any warranties, including but not limited to:

  • The accuracy or completeness of website content.
  • Uninterrupted website access.
  • Timely, secure, and error-free performance.

xComply reserves the right to modify, suspend, or discontinue any website feature at any time without prior notice.

Limitation of Liability

xComply is not liable for any direct, indirect, incidental, or consequential damages arising from the use of the Websites. This includes but is not limited to lost profits, lost information, data breaches, or transmission of viruses.

If you experience dissatisfaction with the Websites, your sole remedy is to stop using them.

Some jurisdictions do not allow certain limitations of liability. In such cases, xComply’s liability will be limited to the maximum extent permitted by law.

License

xComply grants you a limited license to access and use the Websites and Demo version of services for their intended purposes only. This license does not include:

  • Commercial resale of website content.
  • Derivative use of website content.
  • Data mining, scraping, or automated data extraction.

Unauthorized copying, framing, or modifying of xComply’s content is prohibited.

Links to Other Websites

The Websites may contain links to third-party sites. xComply does not control these sites and is not responsible for their content or security. Use them at your own risk.

Applicable Law

By visiting the Websites, you agree that the laws of Canada will govern these Terms and any disputes between you and xComply.

Terms of Use Changes

These Terms may be updated at any time. xComply reserves the right to amend them without prior notice. Any changes take effect immediately upon posting on the website. Continued use of the Websites indicates your acceptance of any revised Terms.

It is recommended that you review these Terms regularly to stay informed.