Yoti Organisation T&Cs (the “Agreement”)

Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement from time to time.

Age Estimation means the age estimation product powered by Yoti which may involve a liveness test and is provided via an API.  Please see Yoti’s facial age estimation white paper for more information.

Age Verification service means the online portal at age.yoti.com which allows Organisations to use Age Estimation, Digital ID, Yoti IDV and other third party checks to receive a data-minimised age from their customers.

Application means any application that is developed and hosted by you or on your behalf, to interface with the Yoti Platform using Digital ID through the Yoti SDKs or Yoti APIs.

Attribute means an item of personal data or document image relating to an Individual and includes identity data verified by Yoti, unverified data submitted by an Individual, Third Party Attributes and any metadata or statement relating to an Individual.

Customer means a customer of an Organisation, being an Individual who requests to share or exchanges Attributes with the Organisation using their Individual Account.

Data Controller, Data Processor and Personal Data have the meaning in the Privacy Laws;

Digital ID or DIDC means the app(s) owned and made available by Yoti from time to time on the Apple App Store, Google Play and other platforms from time to time (in the branding of the relevant Brand Owners as defined in the Addendum to Annex 2).

Documentation means any document and guidance (whether in electronic or hard copy) issued by or on behalf of Yoti to assist you in using the Yoti Platform.

Eligible Charity means a charity (generally registered in its local jurisdiction) which Yoti determines in its discretion qualifies as an Eligible Charity. We will confirm within 30 days of registration. Please see our FAQs on our website which sets out our non-binding criteria.

Hub means a web application developed and made available by Yoti to Organisations which allows you to manage your Hub Account.

Hub Account means an account created by an Organisation in order to use the Yoti Platform.

IDV SDK means the implementation of Yoti IDV using an SDK.

IDV Portal means the implementation of Yoti IDV using an online portal.

In Branch Verification or IBV means the Post Office branch verification journey, described in Annex 5.

Individual means a person with an Individual Account or a person who interacts with a Product (for example Age Estimation, powered by Yoti).

Individual Terms and Conditions means the terms found at https://www.yoti.com/terms/ or its equivalent for other DIDC brands, which govern the use of Individual Accounts by Individuals.

Individual Account means an account created by an Individual to use Digital ID.

Intellectual Property Rights means patents, rights to inventions, copyright, trademarks, logos and service marks, business names and domain names, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered and including all applications, renewals or extensions and all similar or equivalent rights which subsist or will subsist in the future in any part of the world.

Organisation means you, or any other organisation which has read and accepted these terms and conditions and created an Hub Account.

Page means a webpage created by you and hosted by us on the Yoti Platform to enable Customers to exchange Attributes with you using Digital ID.

Pricing Schedule means the pricing available on https://www.yoti.com/business.

Privacy Laws means the UK General Data Protection Regulation 2016, the Data Protection Act 2018 and other applicable and equivalent local data protection laws.

Product means one of Yoti’s products, described in a Product Annex.

Product Annex means one of the annexes to this Agreement.

Receipt means a receipt or other token confirming the exchange of one or more Attributes between you and a Customer as part of a Transaction.

Software means all software and code made available by us to you in accordance with this Agreement, including Yoti APIs and Yoti SDKs.

Terms means the main part of this Agreement, including its Schedules.

Test Data means any medical test results, vaccination, antibody or the fact an Individual has received immunisation.

Third Party Attribute means data relating to an Individual that is added to that person’s Individual Account profile either by the Individual or an Organisation, which data may or may not be verified by a third party, and which could include data presented in an ‘ID card’ format in Digital ID or Test Data.

Third Party Services means the products or services of third parties which Yoti may make available to you via the Yoti Platform from time to time such as, for example only, credit check or anti-money laundering check services.

Transaction means the receipt or exchange of one or more Attributes between Customers and you via the Yoti Platform.

Transaction Charges means the charges payable by you in respect of Transactions.

Yoti API means an application programming interface provided by Yoti to allow Organisations or Individuals, including you, to use the Yoti Platform.

Yoti IDV means the one time verification of identity and address documents solution, implemented using either IDV SDK or the IDV Portal.

Yoti Platform means Yoti’s systems (including front end and back end) used in providing the Products including but not limited to Digital ID, IDV SDK, IDV Portal, In Branch Verification, Age Estimation, the Software, the Hub, Applications and Pages.

Yoti Privacy Policy means Yoti’s privacy policy which can be found at https://www.yoti.com/privacy/

Yoti SDK(s) means one or more software development kits or libraries or application programming interfaces which allow Organisations or Individuals, including you, to communicate with and use other components of the Yoti Platform.

Yoti SDK Development Terms and Conditions means the MIT open source licence for Digital ID SDKs and for Yoti IDV: https://www.yoti.com/terms/identity-verification

Yoti Verified Tick means the blue tick symbol that appears next to attributes that have passed Yoti’s various security checks.

Yoti Website Terms of Use means Yoti’s website terms of use which can be found https://www.yoti.com/terms/website.

This Schedule 2 applies in accordance with clause 2.3. In respect of Organisations with American Customers, Yoti certifies that it understands and will comply with its obligations under the Californian Consumer Privacy Act 2018.

Yoti shall, as a Data Processor (known as a ‘service provider’ in some other Privacy Laws):

a. only use the Personal Data for the legitimate purposes of performing its obligations under this Agreement and for no other purposes unless instructed to do so by you;

b. act only on written lawful and reasonable instructions from you in relation to the Personal Data;

c. comply with all the relevant requirements of the Privacy Laws;

d. not sub-contract the processing of any of the Personal Data to any third party without your prior consent. You agree that Yoti may use its Affiliates, Amazon Web Services and Azure as sub-processors. Please note that all services carried out in respect of data subjects located anywhere in the United States of America are carried out by Yoti USA, Inc. using technology licensed from Yoti Limited;

e. ensure that appropriate technical and organisational security measures are in place against unauthorised or unlawful processing of the Personal Data and against accidental loss or destruction of, or damage to, the Personal Data in accordance with the Privacy Laws;

f. take reasonable steps to ensure the reliability of any of its employees, agents and contractors who have access to the Personal Data;

g. only transfer Personal Data outside of the UK / European Economic Area (as applicable) in compliance with Privacy Laws;

h. assist you with an Individual’s rights request to the extent we can;

i. either delete Personal Data as soon as the relevant service is provided, or provide you with the ability to export or delete the Personal Data;

j. reasonably demonstrate compliance with this Schedule 2 on request by you; and

k. inform you promptly on becoming aware of a breach of security in relation to your Personal Data.

Yoti shall use its reasonable endeavours to assist, as needed and as far as we technically can, you to demonstrate your compliance with your obligations under Privacy Laws (in connection to this Agreement) relating to:

a. security;

b. breach notifications;

c. data protection impact assessments; and

d. prior consultation

The Hub is an online platform where entities can apply to be a verified Organisation and where Organisations can obtain API keys, configure the Products and view and manage Receipts. You may access the Hub at https://hub.yoti.com/ or such other domain address as updated by Yoti and notified to you from time to time. You may use the Hub to create and administer Pages, Applications and use the IDV Portal to facilitate Transactions with your Customers.

1.1. To set up or access an Hub Account an Individual must be authorised by you to create an Hub Account on your behalf. You may subsequently authorise additional Individuals to access your Hub Account and determine the access permissions of each such Individual.

1.2. You warrant and represent that the Individual who establishes the Hub Account has the authority to bind you by agreeing to this Agreement.

1.3. We strongly recommend that you appoint a second administrator to your Hub Account. Particularly if you are a sole trader or your Organisation only has one director. This is because the security of Digital ID means that if you are unable to use Digital ID to log in to your Hub Account for any reason (due to your incapacity for example) we do not have the ability to access your account.

1.4. You must ensure that any information relating to your Organisation is true and accurate in all material respects at the time that it is supplied to Yoti. You must use your best efforts to keep all information about your Organisation on the Yoti Platform up to date at all times.

2.1. The Individual applying for your Hub Account must enter the information required by Yoti at the account creation page. Yoti may request further information from you about your Organisation, both after as well as before approving your Hub Account. Yoti may use third party databases (such as the UK’s Companies House) to verify the information provided by an Individual about you.

2.2. Until Yoti approves your application for a Hub Account your status will appear as pending. Approval of an application for a Hub Account will in every case be at Yoti’s sole discretion and if we reject your application your Hub Account may be suspended or closed.

2.3. Yoti may suspend your Hub Account if you provide insufficient or inaccurate information, if Yoti is unable to verify any information provided about you, if you do not provide additional information when requested by Yoti, if your account registration appears suspicious or Yoti has any other concerns about you, your identity or the purpose for which you intend to use an Hub Account.

3.1. When storing Attributes for you on the Hub we are acting as your Data Processor. We will do so in accordance with Schedule 2 to the Terms.

3.2. You are responsible for all content (including all underlying code, data, links and functionality) forming part of any Page or Application.

3.3. You hereby grant to Yoti an irrevocable, non-exclusive, royalty-free, worldwide licence to receive, store and use all Pages or Applications and all content of Pages and Applications for the purposes of providing the Yoti Platform to you.

3.4. Receipts of your Transactions may be stored on the Hub or may be sent directly to you. Yoti’s current intention is not to delete these Receipts but Yoti reserves the right to change this policy in the future. Unless agreed otherwise, Yoti shall not charge for the retention of Receipts but Yoti reserves the right to charge in the future dependent on factors which may include length or volume of storage, changes in legislation and frequency of access of Receipts. You should export your Receipts and should not solely rely on Yoti continuing to store Receipts for you, even if we have agreed to. Yoti shall not be liable to you under contract, tort, negligence or statute if we intentionally delete your Receipts (unless we have expressly agreed to store them for you), your Receipts are lost or corrupted or we cannot access your Receipts for any reason.

You must ensure that material on the Hub:

a. is accurate and complies with any applicable laws;

b. does not contain any information which is defamatory, obscene, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;

c. does not contain sexually explicit material or violence or promote any illegal activity;

d. does not infringe the Intellectual Property Rights of any other person;

e. is not likely to deceive any person;

f. does not breach any legal duty owed to a third party;

g. is not used to impersonate any person or organisation, or to misrepresent someone’s identity or affiliation with any person; and

h. does not advocate, promote or assist any unlawful act including copyright infringement or computer misuse.

5.1. You must procure that authorised Individuals only use the Hub (and any information contained in it, including Attributes and Receipts) for proper and lawful business purposes and in accordance with the terms of this Agreement.

5.2. You are responsible for terminating access to your Hub Account for any Individual that you no longer want to have access to the Hub for any reason. You must do this via the Hub.

5.3. Anonymised data indicating the number and type of time stamped Attributes exchanged with Customers will be accessible by Yoti for use in accordance with and for the purposes of this Agreement and the provision of the Yoti Platform to you.

6.1. You must access the Hub using the Individual Account of an authorised Individual or otherwise using login details as may be provided to you by Yoti from time to time.

6.2. Only an Individual who is authorised with the necessary permissions to access the Hub may access the Hub on your behalf.

6.3. You are responsible for any loss or damage resulting from misuse of an Hub Account or misuse of any Individual Account in connection with your Hub Account, or use of login details supplied to you by Yoti, by any Individual who is authorised with the necessary permissions to access the Hub or by any third party, either with or without your knowledge. You shall notify Yoti immediately if you notice or suspect any unauthorised use of your account, misuse of login details, or any other breach of security.

7.1. You may add url links to your Page and Application login screens within the Hub, provided you do so in a way that is fair and legal and does not damage Yoti’s reputation.

7.2. You may not display links in such a way so as to suggest any form of association, approval or endorsement by Yoti where none exists.

7.3. Yoti reserves the right to withdraw the linking functionality without notice in its absolute discretion.

Digital ID is a consumer controlled application available on Android and iOS and is how Yoti delivers three features:

A. Attribute sharing by an Individual using Digital ID. This requires a Yoti SDK, Page or Application that you have set up. The Attributes can be stored in Hub or be sent directly to your systems. Attribute sharing can be used to verify age, verify identity and also to authenticate returning users.

B. Showable Credentials, which includes (a) a digital ID card where the identity details have been given to Yoti by a trusted issuing authority (eg a school or employer) and (b) a showable test result; and

C. Shareable Credentials, which is sharing information about an Individual given to Yoti by a trusted issuing authority (a ‘Third Party Attribute’ – eg medical test result or exam result) or unverified information supplied by the Individual.

1.1. We are a Data Controller of Attributes that Individuals provide to us, and at the point Attributes are shared with you by an Individual you become a Data Controller of those Attributes in your own right. However, we are acting as your Data Processor where we are sent or have access to personal data in order to produce and share Third Party Attributes. Where we are acting as your Data Processor we will do so in accordance with Schedule 2 to the Terms.

1.2. You must not use Digital ID as the only method for your or another entity’s staff or customers to access a specific service or product they are obliged to use. You must offer an alternative method. This is to ensure Yoti can collect valid consent to biometric processing.

1.3. You must only request that Customers share Attributes with you that are reasonably necessary and lawful for the purpose for which you request them in accordance with the “data minimisation” principle within the EU General Data Protection Regulation 2016. Yoti may in its discretion restrict, suspend or terminate use of the Yoti Platform by any Organisation which Yoti believes to be requesting excessive or inappropriate types or volumes of Attributes from Customers.

1.4. Yoti reserves the right to vet, prevent request or suspend Organisations requesting the document image Attribute if Yoti believes acting reasonably that the Organisation will not or is not applying sufficient security to the document image Attribute.

1.5. If you are providing Third Party Attributes to Yoti, you warrant as a condition to this Agreement that you will only provide data that you have verified as being correct, accurate, up to date and not mis-leading and that you will revoke the Third Party Attribute as soon as you have actual or constructive knowledge that it is no longer accurate or up to date. In addition if the Third Party Attribute is Test Data, you warrant as a condition to this Agreement that it has been produced following all applicable test guidelines, ensuring all controls are strictly adhered to and using suitably qualified practitioners, as appropriate to the intended reliance by recipients of the Third Party Attribute.

2.1. Where Yoti verifies Attributes relating to Individuals it does so at the point at which the relevant source identity document or other information is first submitted. Yoti does not update or re-verify any Attributes of Individuals which subsequently change or expire. Individuals are responsible for the accuracy of their Attributes and for keeping their Attributes up-to-date. Organisations may request a re-verification of an Attribute relating to a Customer, and shall be charged separately for each such re-verification. Yoti is able to receive Attributes in the form of Third Party Attributes from trusted issuing authorities. Yoti does not guarantee that any Third Party Attributes have been issued to Yoti correctly.

2.2. You may have the ability to accept, or not, different source identity documents. Some identity documents are more reliable than others. It is your responsibility to ensure you select the identity documents acceptable to you.

2.3. Yoti reserves the right to cease supporting Digital ID for older operating systems that are no longer supported by Android or Apple and for phone models that are not used by a significant proportion of Yoti users in Yoti’s absolute opinion. Yoti is not liable to you if Google or Apple remove Digital ID from their respective app stores for any reason.

2.4. The chargeable events for receiving Attributes or Credentials from an Individual using Digital ID is when a transfer of any Attribute is completed. The chargeable event for creation of a showable Credential (a digital ID card or Test Result) is when the details of the Individuals to be issued the showable Credential are received by Yoti.

2.5. Your right to interact with any one or more of the DIDC applications is at the sole discretion of Yoti and/or the Brand Owner (as identified in the Brand Addendum) and may be removed at any time without liability should the relevant Brand Owner assess that it does not want you to use the application relevant to its branding.

3.1. If you have a ’tile’ in the Digital ID product then you warrant and represent to Yoti that both the tile and all content that is linked to the tile that an Individual can discover:

a. is accurate and complies with any applicable laws;

b. does not contain any information which is defamatory, obscene, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;

c. does not contain sexually explicit material or violence or promote any illegal activity;

d. does not infringe the Intellectual Property Rights of any other person;

e. is not likely to deceive any person;

f. does not breach any legal duty owed to a third party;

g. is not used to impersonate any person, or to misrepresent someone’s identity or affiliation with any person; and

h. does not advocate, promote or assist any unlawful act including copyright infringement or computer misuse.

3.2. If we have agreed to display a ’tile’ that links to your own website or application in return for commission or a referral fee, then we both must sign Yoti’s standard Affiliate Marketing Agreement which governs the rules around referrals and commission earned through the tiles.

1.1.  The below definitions shall apply in this DIDC Addendum. Any capitalised terms not defined below will have the meaning given to them in the Agreement.

2.1.  This DIDC Addendum is incorporated into and part of the Agreement between the parties.

2.2.  Where in the Agreement there is any reference to the use of Yoti’s Digital ID or any use of Product, Software, Application or similar that directly or by implication would be use of Digital ID, the terms relating thereto shall apply equally to any and all use of DIDC.

2.3.  Where there is any conflict with the Agreement and this DIDC Addendum, the terms of the DIDC Addendum shall take precedence.

3.1.  Subject to compliance with this DIDC Addendum, in relation to each Brand, Yoti is authorised to licence or sub-licence (as the case may be) and hereby does grant to you a non-exclusive, revocable, non-transferable, non-sublicensable and personal licence in the Territory for the duration of the Agreement to display each Brand (or such brands as are not expressly excluded as may be notified to you by Yoti) solely on those page(s) of your website and online customer journey, or printed assets and physical customer journey strictly as implemented by Yoti, and only for the purpose of, and for as long as:

1.  you are authorised to use DIDC; and
2.  the Brand owner is part of DIDC.

3.2.  The Brand Licence is granted only in relation to the industry, sector or activity use case that Yoti was aware of for you at the time of Agreement or has been subsequently been approved in advance by Yoti. If you plan to use DIDC for any other use you must notify Yoti in advance and provide such information as Yoti reasonable requests. No Brand Licence is granted until you have received written approval of the use case from Yoti.

3.3.  To continue to receive the benefit of the Brand Licence you hereby agree and undertake:

3.3.1.  to:

1. use the Brand only in connection with DIDC in accordance with this DIDC Addendum;
2. only use any Assets as are supplied to you, or pre-approved, by Yoti; and
3. comply with the terms of the relevant Asset Guidelines.

3.3.2.  Not to:

1. amend, alter, adapt, or otherwise change any branding or materials containing any branding that is supplied to you by Yoti except in accordance with clause 5.1, below or with the prior approval of Yoti;
2. use any Brand for any purpose other than as licensed herein;
3. sublicence or in any other way make any Brand available to any other person, or permit another person to use the Brand without the prior written consent of the relevant Brand Owner;
4. represent that you have any rights in and to the Brand (other than as licensed under this clause 3); or
5. do, or omit to do, or permit to be done, any act that will or may weaken, damage or be detrimental to any Brand or the reputation or goodwill associated with the Brand or the Brand Owner, or that may invalidate or jeopardise and registration of any Brand.

3.4.  You recognise, acknowledge and accept that the Brand Owner shall be entitled to enforce the terms of the Brand Licence directly against you.

3.5.  You acknowledge that all goodwill derived from use of a Brand shall accrue to the Brand Owner. If Yoti or the relevant Brand Owner directly, at any time, call for a document confirming the assignment of such goodwill, you shall upon request execute the same.

4.1.  Yoti may audit your use of any materials relating to a Brand during the term of the Brand Licence. Such audits may include (without limitation):

4.1.1.  conducting spot checks not less than twice a year on any of your premises where any Brand is displayed;

4.1.2.  requiring upon request photographic evidence of the use of the any printed Assets from you;

4.1.3.  upon request you providing Yoti with certification of your compliance with any Asset guidelines or other aspects of this DIDC Addendum.

5.1.  The Brand Owner or Yoti may at any time require you to amend, replace or remove any Assets. Where this happens, you must do so within the timeframe notified and certify the same to Yoti.

5.2.  Each and every Brand Licence may be terminated immediately on written notice by Yoti or the relevant Brand Owner for any reason. Upon receiving such notice all use of any Brands must stop immediately or within such time frame as may be specified in the notice.

5.3.  You recognise that upon termination of a Brand Yoti may, with no liability to you, take such steps as Yoti deems appropriate in its sole discretion, as are necessary to withdraw, block or disable your use of the relevant Brand(s).

6.1.  You hereby indemnify Yoti against all losses (including damages, settlement costs, defending lawsuits and regulatory action against us) for any failure to meet or comply with your obligations or any restrictions under this DIDC Addendum.

6.2.  The indemnity granted at clause 6.1 shall include any costs incurred by Yoti in taking such action as a Brand Owner may require to enable the Brand Owner to enforce the terms of any sublicence it has granted to you hereunder against Yoti or you.

7.1.  Notwithstanding any obligations for confidentiality as may exist between Yoti and you, Yoti may notify the relevant Brand Owner immediately:

7.1.1.  About any information you provide under clause 3 hereof;

7.1.2.  Such information as may be reasonably necessary to ensure you receive the benefit of the Brand Licence; or

7.1.3.  if we become aware that you have breached any of the terms of the Brand Licence.

Yoti IDV is our embedded document capture, data extraction and verification solution, which is integrated into your own user journey, and which results in verified or unverified Attributes being sent to your own systems by Yoti. Unlike Digital ID, the identity verification is a one-off transaction.

Yoti IDV can perform data extraction checks on its supported identity documents as well as ‘proof of address’ checks on its supported address documents, such as utility bills and bank statements.

Yoti IDV can be used by you either:

A. as a service using the IDV Portal; or

B. integrated into your systems using the IDV SDK.

1.1. When operating Yoti IDV for you and when storing any Attributes on the Hub we are acting as your Data Processor. We will do so in accordance with Schedule 2 to the Terms. The exception to this is where Yoti is providing Yoti IDV under the U.K. Digital Identity & Attributes Framework (“the Framework”), and in that situation:

a) Yoti is a data controller in its own right of personal data processed in Yoti IDV, and when Yoti transfers the data to you then you become a data controller in your own right; 

b) you must not use IDV as the only method for identity verification. You must offer an alternative method. This is to ensure Yoti can collect valid consent to biometric processing; and

c) if Yoti receives a data subject access request from a data subject you will give Yoti reasonable assistance in complying with the request where you are able to, for example using the user’s email address or other identifier to provide Yoti with a session ID number. Yoti will take the responsibility for, and incur the cost in, verifying the data subject’s identity.

1.2. Yoti IDV includes an option to collect consent from the Individual before they use Yoti IDV. If you are using the face match or liveness checks within Yoti IDV and the Individuals interacting with Yoti IDV are from a territory where consent is required for biometric processing (for example the states of Illinois, Texas and Washington) then you must configure the consent option ‘on’ and retain a record of that consent, or ensure you capture consent in Yoti’s name in the required manner yourself. Any biometric template received by you through Yoti IDV must be deleted within three years of the initial purpose being satisfied or the last interaction with the user, whichever occurs first. You indemnify us against all losses (including for paying compensation, defending lawsuits, or regulatory or enforcement action against us) for any failure to comply with this paragraph.

1.3. Unless agreed otherwise by Yoti, you may not use IDV SDK or the IDV Portal for online age verification (as opposed to identity verification) purposes and it is a material breach of this Agreement if you do, and we will suspend the service or terminate this Agreement. This is because you will be sent more data than you need for a mere online age verification. Instead you should use the Age Verification service. Please contact us on business@yoti.com.

2.1. If using IDV SDK or a direct API, you must display on all Yoti IDV screens the phrase “powered by Yoti” and the Yoti logo reasonably prominently to Individuals, unless otherwise agreed by Yoti. If using the IDV Portal you must not amend or remove the Yoti branding.

2.2. If we have agreed with you that you are using Digital ID in addition to Yoti IDV, it is a condition of this Agreement that you integrate and maintain throughout the Term Digital ID in a prominent position alongside Yoti IDV. If you fail to do so then we reserve the right to bill you for Yoti IDV at the Pricing Schedule rates instead of any rate we have agreed with you.

2.3. IDV SDK has been designed with many important features such as multiple frame captures, user feedback and user guidelines. If you choose to integrate Yoti IDV without the client side SDK then Yoti is not responsible for a lower than expected performance of Yoti IDV (including user upload success rate and a lower than expected verification success rate).

2.1.  You confirm you:

1. have read the Framework and understand your responsibilities thereunder;
2. will work with Yoti to support the management of fraudulent activity that may come about through the use of the Services including (without limitation and where applicable) the management of information security systems, supporting all requirements for the retention and processing of personal data as set out in the Framework or by applicable laws, and the principles of data minimisation and the avoiding of excessive data processing, data accuracy and end-user identity repair and recourse an all other principles and individual rights set out under UK-GDPR;
3. will do nothing to damage the reputation, image, goodwill or trustworthiness of the Framework or any marks or certifications under it or that Yoti holds pursuant to it;
4. acknowledge and takes full responsibility for any activities you carry out in relation to your boundaries for liability as between you and us; and
5. will not in any circumstances:
   1. be misleading or deceptive in your use of the Product;
   2. do anything that contradicts the Contract;
   3. target, with the intention to exploit, any persons who are suffering from physical, emotional or financial distress;
   4. damage the reputation, image, goodwill or trustworthiness of the Framework or any marks or certifications under it or that Yoti holds pursuant to it.

4.1. The chargeable event for Yoti IDV is when Yoti completes each check. We charge for each check we do regardless of the outcome. You can configure the checks you need either in Hub or in your integration.

4.2. Where Yoti verifies Attributes relating to Individuals it does so at the point at which the relevant source identity document, proof of address document or other information is first submitted. Yoti does not update or re-verify any Attributes of Individuals which subsequently change or expire. Individuals are responsible for the accuracy of their Attributes. Organisations may request a re-verification of an Attribute relating to a Customer, and shall be charged separately for each such re-verification.

4.3. You have the ability to select which checks Yoti does on Individuals and whether a manual check is used as back up for the automatic data extraction or face match checks. Yoti is not liable for issues that may have been discovered using a check that you have not chosen.

4.4. You may have the ability to accept, or not, different source identity documents or proof of address documents. Some of those documents are more reliable than others. It is your responsibility to ensure you select the identity or proof of address documents acceptable to you.

4.5. Please be aware that verification and accuracy checks performed on identity documents and Individuals are different for onboarding onto Digital ID and in Yoti IDV. Allowing Individuals to upload identity documents in Yoti IDV comes with a higher risk that fraudsters can defeat document authentication checks by Yoti. You need to carefully check our documentation and public materials to ensure you are clear about the Product you have chosen to buy from Yoti.

This Annex 4 covers use of Age Estimation using facial analysis integrated via an API.

Please note: if you want to use the Age Verification service and Yoti’s age tokens then you need to sign the agreement for the Age Verification service. The Age Verification service is a web based solution offering up to six age assurance methods, including Age Estimation.

1.1. You must display on all Age Estimation screens the phrase “powered by Yoti” and the Yoti logo reasonably prominently to Individuals unless we have agreed otherwise. 

1.2. If we have agreed with you that you are using Digital ID in addition to Age Estimation, it is a condition of this Agreement that you integrate/ set up and maintain throughout the Term Digital ID in a prominent position on your platform. It is a condition of your use of Age Estimation that you use a natural light camera and you take into account the ‘confidence score’ when accepting results.

1.3. You must not store an image of the photo or still frame used by Age Estimation without Yoti’s prior written approval, which it can withhold in its absolute discretion.

2.1. If you are using Age Estimation on US citizens then it is a condition of this Agreement that you collect and store consent provided by US citizens on behalf of Yoti USA Inc before the collection or processing of any images for Age Estimation. You must also provide certain information to comply with various states’ law (including Illinois, Texas and Washington) and we can assist you with the wording required. You must request Yoti’s prior approval to the consent screens before Age Estimation is launched live in the US. Any biometric template received by you through Age Estimation must be deleted within three years of the initial purpose being satisfied or the last interaction with the user, whichever occurs first. You indemnify us against all losses (including damages, settlement costs, defending lawsuits and regulatory action against us) for any failure to comply with this paragraph.

2.2. When providing Age Estimation to you we are acting as your Data Processor. We will do so in accordance with Schedule 2 to the Terms.

3.1. The chargeable event for Age Estimation is when an image is captured and submitted to Yoti for analysis.

3.2. In addition to the rights in the Terms, Yoti may suspend or terminate your use of Age Estimation: (i) if you do not set a suitable age buffer for the age threshold (in the reasonable opinion of Yoti) or (ii) to protect itself from reputational harms or legal claims likely to occur (in Yoti’s reasonable opinion) from your use of Age Estimation.

In Branch Verification (“IBV“) is a service that can be used to supplement the IDV product. IBV allows you to perform remote identity assurance on those Customers who perhaps do not have a smart phone, who need assistance in performing remote identity assurance or where you want additional assurance with the inclusion of an in person check.

The IBV service requests that the Customer goes to a participating Post Office branch with their identity or proof of address documents, and in the presence of a Post Office staff member, upload scans of the documents and takes a selfie of themselves. The documents and selfie are then subject to Yoti’s identity assurance checks following the IDV check processes.

1.1. IBV is set up to only accept the ID and proof of address documents that you have indicated you will accept and that the Customer has indicated they have. If the Customer attends the Post Office branch with the incorrect documents then IBV will not process their documents.

1.2. The Post Office staff are not trained facial recognition staff and nor are they trained to inspect the security features of ID documents. Although the IBV service does provide an additional level of assurance to you that the Customer is who they claim to be because of the very nature of in person checks, you may not rely on the physical checks by the Post Office staff when using the IBV service.

1.3. The IBV service gives the Customer the ability to select a participating Post Office branch to attend. Neither Yoti or the Post Office is liable to you or the Customer if the selected branch is not able to operate the IBV service for any reason, including if the trained personnel is not present or the branch is having technical problems with the IBV tablet.

2.1. When providing In Branch Verification to you we are acting as your Data Processor and the Post Office Limited is contracted to us as our sub-processor. We will act as a Data Processor in accordance with Schedule 2 to the Terms.

3.1. The chargeable event for In Branch Verification is when the Post Office staff member confirms that all required documents have been captured correctly in branch.

3.2. If the Post Office staff member permits the submission of blurry images to the In Branch Verification service then Yoti’s only liability is to offer the Customer an opportunity to re-submit the documents for no additional charge to you or the Customer.