Last updated: October 16th, 2024
These Consumer Terms of Service (“Terms of Service” or “Terms”) are a legal agreement between Contiguity LLC ( “us”, “our”, “we”, or “Contiguity”) and you, the individual who uses one or more of the products and services we offer for your personal use under these Terms (referred to as “you” or “your”), which are Identity and Message Intents (each, a “Consumer Service”). The following Terms are a legally binding agreement between you and us, and it describes the terms and conditions applicable to your use of our Consumer Services. By using our Consumer Services, you agree to be bound by these Terms, and any new features or tools that are added will also be subject to these Terms.
These general Terms apply to all of our Consumer Services that reference these Terms. Individuals or Companies (“Contiguity’s Customers”, “Contiguity Customer”) that use Contiguity’s Services in their product or offerings are subject to the Contiguity Services Agreement.
The following additional policies and terms also apply when you access or use the Consumer Services, all of which are incorporated by reference into these Terms:
Arbitration Agreement. IF YOU ARE LOCATED IN THE UNITED STATES, YOU AGREE TO OUR ARBITRATION AGREEMENT, WHICH REQUIRES YOU TO RESOLVE DISPUTES BETWEEN YOU AND CONTIGUITY ON AN INDIVIDUAL BASIS THROUGH ARBITRATION, PROHIBITS YOU FROM MAINTAINING OR PARTICIPATING IN A CLASS ACTION LAWSUIT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND LIMITS THE TIME IN WHICH A CLAIM MAY BE BROUGHT.
Privacy Policy. You acknowledge the Privacy Policy. Contiguity and the Contiguity’s Customers are independent controllers of personal data collected in conjunction with the Consumer Services and will independently and separately determine the purposes and means of its processing of personal data. We may transfer your personal data to countries other than your own country, including the United States. Please read the Privacy Policy carefully to understand how your information is collected, used, and shared in connection with these Consumer Services.
Product-Specific Terms. A Consumer Service may have specific terms that apply when you use that particular Consumer Service. These product-specific Terms will be linked when they apply to you, and are in this document.
We may revise these Terms from time to time. We will use reasonable efforts to notify you of material changes to these Terms in advance of their effectiveness, including by posting notice on the applicable Consumer Services or providing notice via an email address associated with you. The revised Terms will be effective on the date stated in the revised Terms. By using a Consumer Service after any revisions become effective, you agree to those changes. If you do not agree with any changes to these Terms, you must stop using the Consumer Services.
You may only enter into these Terms if you are over the age of majority and able to enter into a legally binding contract in the country in which you reside.
You must not use the Consumer Services if you have previously been terminated or suspended from using any of our services, including any Consumer Service. You may not enter into the Terms or use any Consumer Service if you are the target of government sanctions, such as those applied by the U.S. Department of the Treasury Office of Foreign Assets Control, or any other national government.
You must be eligible for the particular Consumer Services to the extent they are available in your country.
Contiguity provides Identity Services and Message Intents. Any interaction or transaction involving the use of these services is directly between you and the recipient of your message or the entity for which you are verifying identity. You, and not Contiguity, are responsible for the content of any messages you send and the information provided during the identity verification process.
Your access to and use of Contiguity’s services does not alter your relationship with the recipient of your messages or any other third-party platforms you may interact with. Except as otherwise provided in these Terms, Contiguity will not intervene in disputes arising from your use of our services. We encourage you to resolve any such disputes directly with the other party involved.
You release Contiguity from any claims, demands, and damages arising out of disputes related to your use of our services. We make no warranties regarding the accuracy, completeness, or reliability of the information exchanged through our services and are not responsible for any claims or issues arising from the content of messages or identity verification results.
You agree that:
Information you provide about yourself and your use of the Consumer Services must be complete and accurate as of the time provided, and you must keep this information up-to-date;
To the extent law allows, we and our service providers may verify your identity.
You must notify us immediately if you become aware of any unauthorized use or access to your account. You are responsible for any actions taken through the use of your credentials, except for actions taken after you have told us that your account or credentials have been compromised.
To the extent allowable under law, by providing us with a phone number, you consent to receiving text messages, and push notifications, from us. Such communications may include, but are not limited to, requests for secondary authentication, requests for product feedback, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or emails as a condition of using any Consumer Service. Standard message and data rates your cell phone carrier applies may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails or by managing your communications preferences in the app. You may opt-out of text messages from Contiguity by replying STOP or by following instructions that you receive in the text message. You acknowledge that opting out of receiving communications may impact your use of Consumer Services.
We reserve all rights not expressly granted to you in these Terms. The Consumer Services are protected by trademark, copyright, patent and other laws of the United States and other countries. We own all rights, title, interest in and to the Consumer Services and all copies of the Consumer Services, and all Intellectual Property Rights in them. Your use of the Consumer Services is subject to these Terms, and these Terms do not grant you any rights to our Intellectual Property Rights or the Intellectual Property Rights of our licensors, licensees, or partners.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may choose to submit feedback, ideas and suggestions about the Consumer Services, but it is never required. You may provide us with feedback on the Consumer Services via email or via modals (“pop-ups”) that may appear when using our Consumer Services. You agree that we may use and share all feedback, ideas, and suggestions you submit for any purpose and without compensation or obligation to you.
Termination by Us: We may terminate these Terms, and we may limit, suspend, change, or remove your access to any or all Consumer Services, including any feature or aspect of the Consumer Services, at any time for any reason. If commercially reasonable, we will take reasonable steps to notify you before taking any action that restricts your access to the Consumer Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service at any time without notice to you and accordingly we may terminate your access to the Consumer Services.
Termination by You: Subject to any product-specific Terms below, you may terminate any Consumer Service at any time and for any reason by terminating use of the Consumer Service.
Effect of Termination. Upon termination, you will not have any further use of or access to the Consumer Services. Subject to applicable law, you will also not have any use of or access to any information you submitted through the Consumer Services, and all rights granted under these Terms will end. The following provisions will survive even after these Terms terminate: Arbitration Agreement, Our Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Governing Law, Assignment and Third Party Beneficiaries, and Miscellaneous Terms.
The Consumer Services are provided “as-is” and without any representation or warranty, whether express or implied. We, our affiliates, and our respective agents, contractors, and Contiguity’s Customers (together, the “Disclaiming Entities”) make no representation or warranty of any kind whatsoever (other than those implied by statute) with respect to the Consumer Services or the content, materials, information and functions we make accessible, and specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Consumer Services will be uninterrupted, error-free, or secure.
The Disclaiming Entities do not control or make any warranties regarding the products or services others provide in connection with the Consumer Services. In other words, we do not have control over the businesses from which you’re purchasing when using the Consumer Services, and we do not promise or imply that the products or services you buy using the Consumer Services will work as promised or be safe to use.
Some laws limit or prohibit disclaiming the warranties referred to in the previous paragraphs, or impose obligations on us that we can’t eliminate with these Terms. In those cases, this section (Disclaimer of Warranties) does not restrict, exclude or modify any consumer rights under any applicable law.
The Disclaiming Entities will not be liable to you for any failure to perform our obligation under these Terms due to a Force Majeure Event. A “Force Majeure Event” is any event beyond the control of Contiguity or its affiliates, including a strike or other labor dispute; labor shortage, stoppage or slowdown; supply chain disruption; embargo or blockade; telecommunication breakdown; power outage or shortage; inadequate transportation service; inability or delay in obtaining adequate supplies; weather; earthquake; fire; flood; act of God; riot; civil disorder; civil or government calamity; epidemic; pandemic; state or national health crisis; war; invasion; hostility (whether war is declared or not); terrorism threat or act; Law; or act of a Governmental Authority.
The Disclaiming Entities will not be liable to you for any failure to perform our obligations under these Terms where performance of that obligation would have put us in violation of applicable law.
The Disclaiming Entities will not be liable to you in any circumstances for:
Subject to the specific product Terms below and applicable consumer laws in your country, in no event will a Disclaiming Entity’s liability arising out of or in connection with these Terms exceed US$200.
You and we agree that the other has relied on the disclaimer of warranties and limitation of liability stated above in entering into these Terms, the limitation and disclaimer are essential to the agreement between you and us under these Terms, and they will apply to the fullest extent allowed by law.
Some laws restrict our ability to disclaim or limit our liability. In those cases, this section does not restrict, exclude or modify any consumer rights under any applicable law.
If you reside in the United States, Florida law will govern any claim or dispute between you and us that arises out of these Terms, regardless of conflict of law principles.
If you reside outside of the United States, Russian law will govern or any claim or dispute.
You must not assign your rights or obligations under these Terms to anyone without our prior written consent. We may delegate performing our obligations, and we may assign our rights and obligations under these Terms to Contiguity affiliates, at any time for any reason by providing notice to you.
These Terms, together with the Arbitration Agreement (if applicable), E-Sign Agreement, Privacy Policy, and the product-specific Terms below are the only agreement between you and us regarding the Consumer Services. In the event of an irreconcilable conflict or inconsistency between a provision in these Terms and any product-specific Terms below, the provision in the product-specific Terms will govern. These Terms do not create any partnership, joint venture, or other agency relationship between you and us. If we do not immediately exercise a right we have under these Terms, we do not waive that right. We retain our ability and right to enforce any part of these Terms at a later time. If any part of these Terms is found unenforceable, that part will be ignored, and all of the remaining terms will remain in effect.
If you have a question about the Consumer Services or how these Terms apply to you, please contact us at support@contiguity.co.
Last updated: October 16th, 2024
We generate verification results by comparing the information you provide with information about you that we collect from other (Contiguity’s) Customers, partners, identity verification service providers, and publicly available sources. If you agree for us to verify your identity using your identity document and/or your photo (“selfie”), your verification results are based on the biometric identifiers we generate and store from your images. Contiguity will use this information as a controller to verify your identity, including to comply with our own legal obligations, and for loss and fraud prevention and security purposes.
Contiguity’s Customers using Contiguity Identity may ask you to verify your identity for a number of reasons, including to confirm that you do not already have an account or that you are authorized to use a payment method. If you agree to share your verification data with a Contiguity Customer, please note that Contiguity Customer is an independent controller of your verification data, and the Contiguity Customer’s use of your data is subject to the Contiguity Customer’s privacy policy.
If you would like to request the Contiguity Customer to delete any copies of your personal data they obtained through Contiguity Identity Services, please contact the Contiguity Customer directly.