Terms and Conditions

General

1. These terms of use (“Terms”) apply when KNOWING ME ID LIMITED, United Kingdom Company No. 14416416, headquartered at Unit 1, Trough Head, Carlisle, United Kingdom (“KnowingMe ID”, “we”, “us”) provides a digital identity verification service via the mobile application “KnowingMe ID” (the “Service”).
2. These Terms govern the relationship between KnowingMe ID and the user of the Service (“User”, “you”). The dealings between the User and the party who is relying on digital identity verification via KnowingMe ID — in other words, the party whose service the User obtains using KnowingMe ID (“Trusting Party”) — are not governed by these Terms. Each Trusting Party decides for itself to what extent KnowingMe ID can be used with its service.
3. Your personal data is handled in accordance with our Privacy Policy, which forms part of these Terms by reference.
4. By downloading, installing, or using the Service you confirm that you have read, understood and agreed to be bound by these Terms. If you do not agree, you must not use the Service.

Eligibility

1. The Service is intended for users aged 18 years and over. By using the Service you warrant that you are at least 18 years of age.
2. You warrant that you are not located in, under the control of, or a national or resident of any country subject to United Kingdom, European Union or United Nations sanctions or embargo, and that you are not on any government list of prohibited or restricted parties.

Registration

1. To use the Service, you must scan a valid government-issued identification document in the KnowingMe ID application and complete the biometric verification process.
2. Registration is personal to you. KnowingMe ID is personal and must not be used by anyone other than the registered User.

The Service

1. The Service enables you to provide identification via the KnowingMe ID app, which can be used to log in securely and to provide signed identity attestations to Trusting Parties associated with the Service.
2. The functions provided by the Service may vary from time to time. The functions currently provided allow you to identify yourself to Trusting Parties.
3. To use the Service, it must be installed on a mobile telephone, tablet or similar device that is connected to the internet.
4. You are responsible for downloading the app and maintaining a working internet connection. KnowingMe ID is not responsible for errors in the Service caused by problems with the internet or other communication networks over which the Service is delivered, nor for errors on the part of Trusting Parties.
5. Use of the Service is free of charge for the User. Data or traffic charges from your mobile network operator or internet provider may apply and are your responsibility.
6. KnowingMe ID may offer new functions in the Service from time to time. New functions may be subject to additional terms, which you must accept before activating them.

User Obligations

1. You must not: (i) register false information in the Service; (ii) use information belonging to a third party without their permission; or (iii) allow a third party to use your account or grant access to the Service.
2. You are responsible for all use of the Service through your account and for ensuring that your login credentials are protected against unauthorised access. You are also responsible for protecting your mobile telephone, tablet or similar device against unauthorised use, and you bear the risk of unauthorised use of the Service resulting from your failure to do so.
3. If you become aware that a third party has obtained access to the KnowingMe ID app, or if you lose a device on which the Service is installed, you must notify KnowingMe ID immediately at info@knowingmeid.com.
4. You are responsible for understanding the Service’s general functions and the ways in which your use of the Service binds you to actions taken within the app.

Intellectual Property and Permitted Usage

1. The Service, including all functions, data, text, graphics, images, software, trademarks and other content, is owned by KnowingMe ID or its licensors and is protected by copyright, trademark and other intellectual property laws. All rights not expressly granted to you are reserved.
2. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free licence to use the Service for the sole purposes set out in these Terms and in accordance with applicable law.
3. You may not copy, modify, distribute, sell, lease or publish any content provided by KnowingMe ID, create derivative works from it, reverse engineer, decompile or disassemble the Service, or attempt to extract its source code, except to the extent expressly permitted by applicable law. You may, however, download, copy and save information from the Service for your personal, non-commercial use.
4. You must not take unfair advantage of any offers, or otherwise misuse the Service, and you must not use, or allow another person to use, the Service for any illegal or prohibited purpose.
5. “KnowingMe ID”, the KnowingMe ID logo, and related marks are trademarks of KNOWING ME ID LIMITED. You must not use them without our prior written permission.

Third-Party Trusting Parties and Sub-processors

1. The Service enables you to identify yourself to Trusting Parties. Your use of any Trusting Party’s service is governed by that Trusting Party’s own terms and privacy policy. KnowingMe ID is not responsible for the acts, omissions, content or services of any Trusting Party.
2. KnowingMe ID engages iProov Limited as a sub-processor to perform biometric verification and document chip validation, and to issue the signed credentials stored on your device. iProov operates under its own published privacy policy and biometric data retention schedule. Further detail is set out in our Privacy Policy.

Updating Software

1. The Service can only provide full functionality if the updates that KnowingMe ID provides are installed promptly. KnowingMe ID is not responsible for errors in the Service or damages that arise due to a failure to download and/or fully install provided updates.

Errors or Defects

1. In the event of errors or defects in the Service, please contact KnowingMe ID at info@knowingmeid.com so we can investigate and, where appropriate, provide a remedy.

Disclaimer of Warranties

1. The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, KnowingMe ID disclaims all warranties, conditions and representations of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy.
2. We do not warrant that the Service will be uninterrupted, error-free, secure, free of viruses or other harmful components, or that defects will be corrected.
3. Nothing in these Terms excludes or limits rights that cannot be excluded or limited under mandatory consumer legislation.

Limitation of Liability

1. To the fullest extent permitted by law, KnowingMe ID shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of (or inability to use) the Service.
2. KnowingMe ID is not responsible for providing compensation for commercial losses.
3. To the fullest extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence) or otherwise, shall not exceed one hundred pounds sterling (£100).
4. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.

Indemnity

1. You agree to indemnify, defend and hold harmless KnowingMe ID, its directors, employees, agents and sub-processors from and against any and all claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with (i) your breach of these Terms, (ii) your violation of any law or the rights of a third party, or (iii) your misuse of the Service.

Force Majeure

1. KnowingMe ID is not responsible for any delay or loss due to circumstances beyond the reasonable control of KnowingMe ID or its subcontractors that severely impair the fulfilment of the obligation in question or which make performance economically indefensible. Such circumstances include, but are not limited to, acts of God, war, terrorism, civil unrest, pandemic, government action, labour disputes, fire, flood, failures of telecommunications or internet networks, and failures of third-party service providers.

Breaches and Blocking

1. KnowingMe ID reserves the right to block the use of KnowingMe ID, at any time and without prior notice, if you breach these Terms or otherwise use the Service in a way that could cause damage to KnowingMe ID or to a third party, or if we have reasonable grounds to assume that KnowingMe ID is being used contrary to these Terms, or if we assess that there is a sufficient security risk to require it.
2. If we block your use of the Service, you must immediately cease all use and remove the app from the devices on which it is installed.
3. KnowingMe ID is not responsible for damages caused by our blocking the use of the Service for wrong reasons, provided that we had reasonable grounds at the time to assume that there was a basis for doing so.
4. KnowingMe ID is not responsible for consequential damages in cases where the Service is not functioning properly due to (i) incorrect installation or use contrary to these Terms, (ii) improper use of the Service, or (iii) any act or omission of a third party for which KnowingMe ID is not responsible (for example, errors in an internet connection or errors on the part of a Trusting Party).

Mobile Platform Terms

Apple App Store

If you obtained the Service from the Apple App Store, the following terms apply in addition to the other provisions of these Terms:

1. These Terms are concluded between you and KnowingMe ID only, and not with Apple Inc. (“Apple”). KnowingMe ID, not Apple, is solely responsible for the Service and its content.
2. The licence granted to you is limited to a non-transferable licence to use the Service on any Apple-branded device that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
3. KnowingMe ID, not Apple, is responsible for providing any maintenance and support for the Service.
4. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Service.
5. KnowingMe ID, not Apple, is responsible for addressing any claims by you or any third party relating to the Service, including product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
6. KnowingMe ID, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim relating to the Service.
7. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Google Play

1. If you obtained the Service from Google Play, your use of the Service is also subject to the Google Play Terms of Service and any other terms imposed by Google LLC.
2. KnowingMe ID, not Google, is solely responsible for the Service and its content, and for providing any maintenance and support.

Export and Sanctions Compliance

1. You agree to comply with all applicable export control and sanctions laws of the United Kingdom, the European Union, the United States and any other jurisdiction applicable to your use of the Service. You must not use the Service for any purpose prohibited by such laws.

Changes to these Terms

1. KnowingMe ID reserves the right to modify the Service, modify these Terms, or cease providing the Service. Where we modify these Terms, we will notify Users at least one month before the changes take effect, save where an immediate change is required by law, ordinance, government regulation or a similar reason, in which case the change may take immediate effect.
2. If you do not accept the modified Terms, you have the right to terminate your agreement with KnowingMe ID with immediate effect before the modified Terms take effect, by closing your account and deleting the app.

Closing an Account

1. You may close your account and cancel your use of the Service at any time. On closure, KnowingMe ID will delete or de-identify all personal data and any other information attributable to you, subject to any retention required by applicable law. Further detail on retention periods is set out in our Privacy Policy.

Privacy Policy

1. Our processing of your personal data in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.

General Provisions

Notices

Any notice to KnowingMe ID under these Terms must be sent to info@knowingmeid.com or by post to our registered address. We may provide notices to you through the Service, by email to the address you have provided, or by posting on our website.

Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign or transfer these Terms in whole or in part to any affiliate or successor in connection with a reorganisation, merger or sale of assets.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of KnowingMe ID.

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms that apply to specific functions, constitute the entire agreement between you and KnowingMe ID concerning your use of the Service, and supersede any prior agreements or understandings on the same subject matter.

Applicable Law and Jurisdiction

1. These Terms do not limit your rights as a consumer under mandatory consumer legislation.
2. In the event of any dispute between you and KnowingMe ID, the parties shall first attempt to resolve the matter in good faith through mutual discussion.
3. These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Subject to any non-excludable consumer rights, the parties submit to the exclusive jurisdiction of the courts of England and Wales.