Terms and Conditions
These Terms and Conditions and the documents referred to herein govern the use of the AgeVerif.com website and its Services owned and operated by E-Borealis Lda, Rua Encosta dos Piornais Nº 4, 9000-683 Funchal, Portugal.
Please read these Terms and Conditions carefully and make sure you understand them. By accessing and/or using the AgeVerif.com website and the AgeVerif Services you agree to these Terms and Conditions. If you do not agree to be bound by the Terms and Conditions contained herein, please do not use the AgeVerif.com website and its services.
The following words and terms, whose initials are capitalized, have a meaning defined in the following Terms and Conditions. The following definitions have the same meaning whether they appear in the singular or plural.
- Terms and Conditions: Refers to this document which forms the entire agreement between You and AgeVerif regarding the use of the Service.
- AgeVerif: Referred to as We or Our refers to the company E-Borealis, AgeVerif being the trademark of the proposed Service.
- Services: Refers to all services provided by AgeVerif and its Clients.
- Clients: Refers to companies or individuals using AgeVerif Services to restrict access to minors to their websites and/or certain types of content.
- Users: Any person who visits or uses the AgeVerif Services to verify their age and attest to their majority in order to access websites and/or certain types of content that are prohibited to minors.
- Age verification methods: Refers to the various methods made available to the User by AgeVerif.
- Device: Refers to any device that can access the Service such as a computer, mobile phone or digital tablet.
The following additional conditions also apply to your use of the AgeVerif.com website:
- 4.1. Chapter IX (Provisions relating to the protection of minors (Articles 21 to 24)) of French Law No. 2020-936 of July 30, 2020 requires website operators to verify the age of a person wishing to have access to certain websites and / or certain types of content reserved for an adult audience over the age of 18.
- 4.2. AgeVerif provides age verification facilities on the Internet either on the AgeVerif.com website or on third party websites through its Clients. AgeVerif Services are intended to provide reliable and secure solutions for Users who wish to confirm their age of majority in order to access websites and/or content prohibited to minors.
- 4.3. Once the User has verified his/her age with the AgeVerif Services, he/she can access websites and/or certain types of content using AgeVerif as an age verification method without having to repeat the age verification process.
- 4.4. The use of AgeVerif Services does not require the creation of a personal account. However, AgeVerif offers the User the creation of a personal account so that the User can save the result of the age verification and thus be able to attest to his/her majority more quickly and easily, without having to use any of the Age Verification Methods again, either on AgeVerif.com or on its Clients' websites
- 4.5. The creation of an AgeVerif personal account is optional and is done at the end of the age verification process. The creation of an AgeVerif personal account implies that the user provides an email address and accepts these Terms and Conditions. It is the User's responsibility to ensure that this information is complete, accurate, truthful and updated as necessary.
- 4.6. The AgeVerif Services are free of charge to Users. However, we cannot guarantee that costs will not be charged by third parties, such as a telephone operator for Internet access.
4.7. The AgeVerif Services offer different methods of age verification.
4.7.1. Facial recognition verification.
The User is prompted to use the camera on their Device. The captured image is analysed on the User's Device. The entire facial recognition and age determination process takes place on the User's device.
4.7.2. Verification by ID.
The User is prompted to scan his identity card or passport with the camera of his Device or to provide a scanned copy of his identity card or passport. The capture thus generated is analysed in order to extract information determining the age of the User. The entire process of analysing the identity document is carried out on the User's device.
4.7.3. Bank card verification.
The User is prompted to enter the 16 digits of his/her bank card to determine its validity. No other information is requested, neither the name of the cardholder, the validity date nor the security code and no transaction is carried out. The entire bank card number analysis process is performed on the User's device.
4.7.4. Verification by AgeVerif ticket.
The user must first obtain an AgeVerif ticket from the French partner's tobacco shops. The sale of the ticket is subject to the verification of the user's majority by the tobacconist using a valid ID. The AgeVerif ticket contains a unique code valid for 2 months. The AgeVerif ticket cannot be taken back, exchanged or reimbursed and cannot be the object of any counterpart of any kind, in cash or transfer.
- 4.7.1. Facial recognition verification.
- 4.8. No verification data you submit is collected or transferred between your Device and AgeVerif's or its Clients' servers. All analysis processes take place live on your Device.
- 4.9. At the end of each different Age Verification Method, the result of the analysis is sent to AgeVerif's servers. In case of a negative result (under 18 years old) the User is invited to restart the age verification process in hypothesis that an error has occurred. When the answer is positive (over 18 years old) the User is invited to store the result on his Device for a determined period of time and optionally to create an account.
- 4.10. All exchanges and communications between your Device and AgeVerif's servers use 256-bit encryption.
- 5.1. The User undertakes to provide complete, accurate and truthful personal information that belongs to him/her.
- 5.2. The User agrees not to use stolen, incorrect or false identification or banking documents.
5.3. The User is not allowed to use the AgeVerif Services in any way that:
- 5.3.1. is unlawful, illegal, harassing, harmful, threatening, torturing, abusive, defamatory, obscene, libellous, invasive of privacy, or promotes racial hatred;
- 5.3.2. violates data protection laws;
- 5.3.3. constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate the law or infringe the rights of any third party in any country in the world;
- 5.3.4. infringes our intellectual property rights;
- 5.3.5. encourages, permits or allows access to age-restricted content by persons who do not meet the legal age requirements.
5.4. The User agrees not to post, publish, transmit or otherwise make available any software containing viruses or any other computer code, files or programs designed to destroy, disrupt, limit the functionality of, or monitor or permanently reside on any computer software or hardware or telecommunications equipment that may unlawfully access, interfere with, damage or disrupt:
- 5.4.1. any part of AgeVerif;
- 5.4.2. any equipment or network on which AgeVerif is stored;
- 5.4.3. any software used in the provision of AgeVerif; or
- 5.4.4. any equipment or network or software owned or used by a third party.
- 6.1. We own or otherwise hold all intellectual property rights in AgeVerif and the materials published therein, including, but not limited to, the text, software, scripts, graphics, music, videos, photos, sounds, interactive features, and trademarks, service marks and logos contained therein, owned by and/or licensed to AgeVerif, subject to copyright and other intellectual property rights under U.S., Canadian and foreign laws and international conventions.
- 6.2. The AgeVerif Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose without the prior written consent of the respective owners.
- 6.3. You agree not to engage in the use, copying or distribution of any content other than as expressly permitted herein for commercial purposes.
- 6.4. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices contained herein.
- 6.5. You agree not to disable, circumvent or interfere with any AgeVerif security related features or features that prevent or restrict the use or copying of any Content or restrict the use of the AgeVerif website or content.
Although we make reasonable efforts to ensure that the AgeVerif Services are available 24 hours a day, this cannot be guaranteed. Access to the AgeVerif Services may be suspended temporarily and without further notice in the event of system errors, maintenance or repair work or for reasons beyond AgeVerif's control.
- 8.1. We may terminate or suspend your access immediately, without notice, for any reason, including, without limitation, if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.
- 8.2. Where applicable, we reserve the right to claim damages in any manner available to us by law.
- 8.3. The User may at any time immediately terminate his AgeVerif account in his personal area. The User will receive an email confirming that his/her AgeVerif account has been terminated.
- 8.4. If you decide to terminate your AgeVerif account, you will no longer be able to access websites and/or content prohibited to minors using the AgeVerif Services unless you repeat the age verification process.
- 9.1. You agree that your use of the AgeVerif website and the AgeVerif Services is at your own risk.
- 9.2. To the fullest extent permitted by law, AgeVerif, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the AgeVerif website, the AgeVerif Services and your use thereof.
9.3. AgeVerif does not warrant or make any representations as to the accuracy or completeness of the content of this site or the content of any sites linked to this site and does not assume any liability for:
- 9.3.1. any errors, mistakes or inaccuracies in the content;
- 9.3.2. any personal injury or property damage of any kind resulting from your access to and use of our AgeVerif website and/or the AgeVerif Services;
- 9.3.3. any unauthorised access to or use of our secure servers and/or any personal and/or financial information stored on them;
- 9.3.4. any interruption or termination of transmission to or from our AgeVerif website and/or the AgeVerif Services;
- 9.3.5. any bugs, viruses, Trojan horses or the like that may be transmitted to or through our website by any third party;
- 9.3.6. any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on the AgeVerif website and/or the AgeVerif Services.
- 9.4. The AgeVerif Services are provided for home and private use only. The User agrees not to use the AgeVerif Services for any commercial and/or business purpose and understands that AgeVerif has no liability to you for any loss of profit, business interruption or loss of business opportunity.
- 9.5. AgeVerif does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by AgeVerif Clients or on any hyperlinked website or featured in any banner or other advertisement, and AgeVerif shall not be a party to or in any way responsible for monitoring any transaction between you and third party product or service providers.
- 9.6. As stated in clause 9.5, we have no control over third party websites and we are not responsible for access to such websites whether by direct access or indirect access via the AgeVerif age verification Services.
- 9.7. The foregoing limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction.
- 10.1. We reserve the right to make changes to our website and the Services we offer in the event of a change in law or policy from the relevant government, regulatory authority or industry body.
- 10.2. We reserve the right to change these Terms and Conditions at any time at our own discretion by posting an updated version of these Terms and Conditions on this page.
- 10.3. All changes to these Terms and Conditions will be deemed to have been approved if you do not object within 30 days of the revised Terms and Conditions being posted. If you do not agree to such changes, your sole remedy is to terminate your User account and cease using the AgeVerif Services. If you continue to use your User account and/or the AgeVerif Services after the expiration of the 30-day period despite the modified Terms and Conditions, your continued use shall be deemed to be binding consent to the changes.
- 11.1. These Terms and Conditions constitute the entire agreement between you and AgeVerif with respect to your use of this Website and supersede all previous agreements relating to your use of this Website.
- 11.2. The User shall not assign, transfer or delegate its rights or obligations under this agreement to any third party without the prior written consent of AgeVerif. For purposes of this agreement, any sale or transfer by the User of all or substantially all of its shares or assets, or by merger or otherwise by operation of law, shall be deemed an assignment, requiring the express written consent of AgeVerif. AgeVerif may freely assign this agreement or transfer any interest contained herein, including to any affiliate of AgeVerif, to a purchaser of all or substantially all of the assets of AgeVerif, and to a successor in interest of AgeVerif in connection with a corporate reorganization, consolidation or merger. This agreement and each of its provisions shall inure to the benefit of and be binding upon the successors, administrators and permitted assigns of each party.
- 11.3. Neither party shall be liable for any delay or failure in the performance of any part of this agreement to the extent that such delay or failure is caused by fire, flood, explosion, war, act of terrorism, strike, embargo, governmental action or default, an act of civil or military authority, force majeure, inability to obtain transport equipment or facilities, acts or omissions of carriers, power failures, computer failures, or by any other cause beyond its control, whether similar or dissimilar to the foregoing.
- 11.4. In the event that one or more of the terms, clauses or provisions of these Terms and Conditions are found to be invalid or unenforceable by a court of competent jurisdiction or a competent administrative authority, such invalidity shall not affect the validity or enforceability of any other term, clause or provision of these Terms and Conditions and such invalid term, clause or provision shall be deemed to be severed from this agreement.
- 12.1. These Terms and Conditions shall be governed by and interpreted in accordance with Portuguese law and any dispute arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Portugal.
- 12.2. For any matter relating to the interpretation or execution of these Terms and Conditions, the parties expressly waive the right to submit to any court that may have jurisdiction in the matter, and agree to submit to the exclusive jurisdiction of the courts of the city of Funchal.
- 12.3. If by any law or regulation it is claimed that the competent courts are those of the User, such laws and regulations shall prevail in matters of jurisdiction and venue for any matter relating to the interpretation or execution of the Terms and Conditions.
Last update: 2021-12-15