Terms of Service

These Terms of Service ("Terms") govern your access to and use of the NoxVerify platform, services, and APIs (collectively, the "Services") provided by NoxVerify Ltd., a company registered in the Turkish Republic of Northern Cyprus (TRNC).

1. Acceptance of Terms

By accessing, browsing, or using the NoxVerify platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

You must accept these Terms before using the Services. If you do not agree to these Terms, you may not access or use the Services. Your continued use of the Services after any modification to these Terms constitutes your acceptance of the modified Terms.

2. Definitions

The following definitions apply throughout these Terms:

• "Platform" means the NoxVerify software-as-a-service platform, including APIs, web portals, and associated infrastructure.
• "Services" means all verification, screening, monitoring, and compliance services provided through the Platform.
• "User" means any individual who accesses the Platform, including administrators, analysts, and operators.
• "Tenant" means the organizational entity that has entered into a subscription agreement with NoxVerify to use the Services.
• "Applicant" means any individual or entity that is the subject of a verification process initiated through the Platform.
• "Personal Data" means any information relating to an identified or identifiable natural person, as defined by applicable data protection legislation.
• "Biometric Data" means data resulting from specific technical processing relating to the physical, physiological, or behavioral characteristics of a natural person, including facial recognition data and liveness detection data.
• "Verification Results" means the outputs, scores, decisions, and reports generated by the Platform in the course of processing a verification request.

3. Service Description

NoxVerify provides a multi-tenant identity verification platform offering Know Your Customer (KYC), Know Your Business (KYB), and Know Your Merchant (KYM) services. The Platform enables Tenants to verify individuals, onboard businesses, screen against sanctions and politically exposed persons (PEP) lists, and continuously monitor subjects for changes in risk status.

Important: Verification Results generated by the Platform are informational in nature. They are NOT identity guarantees. NoxVerify does not certify the identity of any individual or entity. Tenants are solely responsible for making their own compliance and business decisions based on Verification Results and any other information available to them.

4. Account Registration

To use the Services, you must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• Each organization may maintain one Tenant account. Additional projects may be created within a single Tenant.
• The Tenant administrator is responsible for managing team member access, roles, and permissions.
• You must promptly notify NoxVerify of any unauthorized use of your account or any other breach of security.
• NoxVerify reserves the right to suspend or terminate accounts that contain inaccurate or incomplete information.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with all applicable local, national, and international laws and regulations, including but not limited to:

• Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) regulations.
• Data protection and privacy laws applicable to your jurisdiction (including GDPR, KVKK, CCPA, and others).
• Sanctions and export control regulations.
• Consumer protection laws applicable to identity verification and background screening.
• Any industry-specific regulations governing your use of verification services.

6. Prohibited Conduct

You shall not, and shall not permit any third party to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying algorithms of the Platform.
• Scrape, crawl, or use automated means to extract data from the Platform beyond the scope of the authorized API.
• Circumvent, disable, or interfere with any security, authentication, or access control features of the Platform.
• Submit false, fraudulent, or stolen identity documents or biometric data to the Platform.
• Share account credentials, API keys, or access tokens with unauthorized parties.
• Use the Platform to facilitate identity theft, fraud, or any other illegal activity.
• Resell, sublicense, or redistribute Platform access or Verification Results without prior written consent from NoxVerify.
• Attempt to overload, disrupt, or impair the Platform infrastructure or interfere with other Tenants' use of the Services.

7. Data Processing

NoxVerify processes Personal Data as described in our Privacy Policy and, where applicable, our Data Processing Agreement.

In the context of verification services, the Tenant acts as the data controller and NoxVerify acts as the data processor. The Tenant is responsible for ensuring that it has a valid legal basis for submitting Personal Data to the Platform, including obtaining any necessary consents from Applicants.

NoxVerify processes data only in accordance with documented instructions from the Tenant, subject to applicable legal requirements. Details of sub-processors, security measures, and data transfer mechanisms are set out in the Data Processing Agreement.

8. Intellectual Property

All intellectual property rights in the Platform, including but not limited to software, algorithms, models, user interfaces, documentation, trademarks, and trade secrets, are and shall remain the exclusive property of NoxVerify Ltd.

Subject to these Terms, NoxVerify grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes during the term of your subscription.

You shall not copy, modify, distribute, create derivative works of, publicly display, or commercially exploit any part of the Platform or its content without the prior written consent of NoxVerify.

9. Verification Results Disclaimer

VERIFICATION RESULTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NoxVerify makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, or fitness for a particular purpose of any Verification Results.

• Verification Results are informational only and do not constitute legal advice or a legal determination of identity.
• NoxVerify does NOT guarantee the identity of any Applicant. Results reflect the data available at the time of processing from third-party providers and public data sources.
• Tenants must make their own independent compliance decisions. NoxVerify shall not be liable for any decision, action, or omission taken by a Tenant based on Verification Results.
• NoxVerify is not liable for errors, omissions, or inaccuracies in data provided by third-party verification providers, screening databases, or government registries.
• The accuracy of biometric matching depends on the quality of the submitted images and is subject to statistical confidence intervals disclosed in the documentation.

10. Service Availability

NoxVerify uses commercially reasonable efforts to maintain Platform availability of 99.9% on a monthly basis, excluding scheduled maintenance windows. Specific uptime commitments and service credit terms are governed by the Service Level Agreement.

• Scheduled maintenance is performed during designated windows (Sundays 02:00-06:00 UTC) with at least 72 hours advance notice.
• Emergency maintenance may be performed at any time to address critical security vulnerabilities or service-impacting incidents.
• NoxVerify shall not be liable for any unavailability caused by force majeure events, including natural disasters, pandemics, government actions, armed conflict, cyberattacks by state actors, or failures of third-party infrastructure beyond our reasonable control.

11. Fees and Payment

The Services are offered on a subscription basis with usage-based overages. Fees are specified in the applicable order form or pricing agreement between NoxVerify and the Tenant.

• Subscription fees are invoiced in advance on a monthly or annual basis as agreed.
• Usage-based overages are calculated at the end of each billing period and invoiced in arrears.
• Payment is due within thirty (30) days of invoice date unless otherwise agreed in writing.
• Late payments may accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower).
• NoxVerify reserves the right to suspend access to the Services for accounts with payments overdue by more than fifteen (15) days, upon written notice.
• All fees are exclusive of applicable taxes, which are the responsibility of the Tenant.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOXVERIFY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY THE TENANT TO NOXVERIFY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL NOXVERIFY BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, business opportunities, or goodwill.
• Cost of procurement of substitute services.
• Damages arising from or related to any third-party provider failures, including verification provider outages, screening database inaccuracies, or government registry unavailability.
• Damages arising from Tenant's reliance on Verification Results for compliance or business decisions.

These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if NoxVerify has been advised of the possibility of such damages.

13. Indemnification

The Tenant shall indemnify, defend, and hold harmless NoxVerify, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• The Tenant's misuse of the Platform or breach of these Terms.
• Claims by Applicants or other end users arising from the Tenant's use of Verification Results.
• The Tenant's violation of any applicable law, regulation, or third-party right.
• Any data breach or security incident caused by the Tenant's negligence, including failure to secure account credentials, API keys, or access tokens.
• The Tenant's failure to obtain necessary consents from Applicants for the processing of Personal Data or Biometric Data.

14. Termination

Either party may terminate the subscription by providing thirty (30) days written notice to the other party.

• NoxVerify may terminate or suspend access immediately, without prior notice, if the Tenant materially breaches these Terms, including but not limited to non-payment, prohibited conduct, or actions that threaten Platform security.
• Upon termination, the Tenant's access to the Platform will be disabled. All data associated with the Tenant's account will be available for export for thirty (30) days following termination.
• After the 30-day export period, NoxVerify will delete Tenant data in accordance with the Data Processing Agreement, except where retention is required by applicable law.
• Termination does not relieve the Tenant of any obligation to pay fees incurred prior to the effective date of termination.
• Sections 8 (Intellectual Property), 9 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), and 16 (Dispute Resolution) survive termination.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Turkish Republic of Northern Cyprus (TRNC), without regard to its conflict of law provisions.

Subject to the dispute resolution procedures set out in Section 16, the courts of Lefkosa (Nicosia), TRNC shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

16. Dispute Resolution

Before initiating any legal proceedings, the parties agree to attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation for a period of thirty (30) days from the date one party notifies the other in writing of the dispute.

If the dispute is not resolved within the 30-day negotiation period, either party may elect to submit the dispute to binding arbitration conducted under the rules of the International Chamber of Commerce (ICC). The arbitration shall be conducted in English, and the seat of arbitration shall be Lefkosa (Nicosia), TRNC.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information.

17. Modifications

NoxVerify reserves the right to modify these Terms at any time. We will provide at least thirty (30) days written notice of material changes via email to the Tenant's registered email address and by posting the updated Terms on the Platform.

Your continued use of the Services after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree with the modified Terms, you must stop using the Services and terminate your account in accordance with Section 14.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

19. Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Agreement, Service Level Agreement, and any applicable order forms or pricing agreements, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether written or oral.

20. Contact

For questions or concerns regarding these Terms, please contact us: