POWERED BY TRUST STAMP TERMS AND CONDITIONS

Who are you?

T Stamp Inc. d/b/a Trust Stamp (referred to below as “Trust Stamp,” “we,” or “us”) is an artificial intelligence company focused on providing enhanced security through biometric identity authentication and verification. “Powered by Trust Stamp” is a service that Trust Stamp provides our customers (each a “Verifying Entity” and collectively, “Verifying Entities”) that allows the Verifying Entity to probabilistically verify the identity of its customer (an “End User”) through Trust Stamp’s secure authentication processes.

How this works?

“Powered by Trust Stamp” authenticates the identity of an End User through comparison of biometric data derived from an image or video of the End User to data derived from known image(s) of the End User, identity document(s) provided by the End User, or both. This biometric authentication process protects both the End User and the Verifying Entity against unauthorized account access and identity fraud. When you access “Powered by Trust Stamp” to verify your identity to a Verifying Entity, you are an “End User.”

How do you use biometric data and information?

Comparison of biometric measurements serves as the mechanism for both verifying the identity of an End User and confirming identity document(s) submitted by an End User belonging to that End User. We collect and process your raw biometric measurements for that purpose. We process your raw biometric measurements, whether from a live image or document, through a proprietary process to convert the raw measurements into an Irreversibly Transformed Identity Token (IT2)™. The IT2 is a unique, tokenized derivative of your raw biometric measurements but cannot be reverse-engineered to recreate your raw measurements. As used in these Terms, “Biometric Data” includes your raw biometric measurements but does not include the IT2. While the process used to create the IT2 is irreversible, the IT2 retains properties that can be used to verify your identity on a probabilistic basis. In other words, we can compare an IT2 generated currently to one generated from your Biometric Data in the past or future to verify your identity. We use this proprietary probabilistic comparison process to verify your identity for a Verifying Entity.

The Fine Print (very important stuff; don’t tune out now)

Be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes rather than a jury trial or class action lawsuit.

  1. Acceptance; Privacy Policy. You must be eighteen (18) years or older (or the age of legal majority in your jurisdiction of residence, if older) to use Powered by Trust Stamp (referred to below as the “Services.”) to verify your identity or authenticate your identity document(s). By accessing and/or using, or continuing to access or use, the Services in any way, you are representing that you (a) are at least eighteen (18) years old or the minimum age required to enter into a binding legal contract in your jurisdiction of residence, and have the right, authority, and capacity to enter into these Terms; (b) you agree to and accept these Terms, which also incorporate by reference Trust Stamp’s Privacy Policy, found here https://truststamp.ai/privacy-policy.html (the “Privacy Policy ”), each of which may be updated from time to time without notice to you as further set forth in each document; (c) if there have been material changes to these terms since you last accessed or used the Services, acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms; and (d) consent to receive communications from us electronically and agree that such electronic communications, notices and/or postings satisfy any legal requirements that such communications be in writing.

  2. Accessing the Services. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk and you acknowledge that the process used is probabilistic and cannot provide an absolute verification of your identity. Any rights not expressly granted herein are reserved by Trust Stamp. You are responsible for making all arrangements necessary for you to access the Services. The Services shall include, without limitation, any services, applications, or extensions offered by us that either we provide directly to you or you download or receive from a Verifying Entity or from third-party application stores, subject to the terms of such stores or their providers. To use the Services, you are responsible for having compatible hardware, software, and internet access. We do not make any representations or warranties with respect to the devices you use to access or use the Services, including any with respect to the compatibility of any device with the Services.

  3. Consent for Collection, Processing and Use of Biometric Data. When you use the Services, we will request that you provide image(s) of yourself (i.e., a “selfie”) (your “Verification Image”), official, photo-bearing identity document(s) (your “Identification Document”), or both. By using the Services, you consent to our collection, processing, storage, and use of your biometric data derived by us from your Verification Image, your Identification Document(s), and known or previously verified photographic image(s) of you provided to us by the Verifying Entity (your “Identification Image”). We will use your IT2 derived from your Verification Image, Identification Document(s), and Identification Image for the purpose of verifying and authenticating your identity, through automated processing, as being the same person depicted in the Verification Image and on the Identification Document(s) or in the Verification Image and the Identification Image, depending on the manner through which the Verifying Entity has requested that we verify your identity. You are not obliged to provide consent, and we will not collect, process, store, or use your Biometric Data or IT2 without your consent. However, if you choose not to provide consent, you will not be able to verify and authenticate your identity to the Verifying Entity using the Services, which may affect your subsequent interactions with the Verifying Entity. You will need to interact directly with the Verifying Entity to resolve such issues.

    Except as otherwise provided in these Terms, we will not disclose or disseminate your Biometric Data or IT2 to anyone other than the Verifying Entity and our subsidiaries and affiliates without first obtaining your written consent to such disclosure or dissemination, unless such disclosure is:

    1. required by federal, state, or provincial law or municipal ordinance;

    2. to report fraudulent use or attempted fraudulent use of the Services to cognizant legal authorities or

    3. required pursuant to a valid written command, demand, order, subpoena, warrant, or writ issued by a court of competent jurisdiction or other governmental body lawfully empowered to issue such legal process.

    A copy of these Terms is available at https://truststamp.ai/terms-and-conditions.html

  4. Disclosure of Data to Verifying Entity. A Verifying Entity may wish to retain your Verification Image, Identity Document Image and extracted data and IT2 (together “Your Data”) for use in verifying your identity in the future. You authorize us to disclose your IT2, to a Verifying Entity for that purpose. You consent to such Verifying Entity sharing Your Data with us in the future and to our use of Your Data to: (i) verify your identity and (ii) detect illegal or fraudulent activity. You understand and agree that, once transferred to a Verifying Entity, the retention, storage, and use of Your Data shall be subject to any terms, conditions, and agreements between you and such Verifying Entity. You agree that we are not responsible for the acts of such Verifying Entity with respect to Your Data as disclosed to the Verifying Entity.

  5. Consent for Processing and Sharing of Verification Image and Identification Document Data. By providing your Verification Image, you expressly give your consent to use, process through automated processing, and share your Verification Image with the Verifying Entity for identity verification purposes. You warrant and represent that the Image uploaded is of you and not of any third party. You confirm that you have all necessary rights and permissions to submit this Image for the stated purposes. By providing an image of your Identification Document(s), you represent that you are the lawful owner and user of such Identification Document(s) and consent to our use of optical character recognition (OCR), digital and radio frequency scanning, and other technology to read any data contained in or on your Identification Document, which may include, without limitation, your name, address, age, date of birth, place of birth, citizenship status, eye color, hair color, height, weight, race, ethnicity, identity document number, date of issue, or place of issue (the “ID Information”). By submitting an image of your Identification Document, you are also acknowledging that you understand and agree that (1) we may share your ID Information, including the image of your Identification Document, with the Verifying Entity, (2) the further use and disposition of your ID Information that we transfer to the Verifying Entity shall be governed solely by any terms, conditions, and agreements between you and such Verifying Entity, (3) to the extent lawful, and without identifying you as the subject of such data, we may use Your Data for the purpose of the improvement, development, and training of our systems and services. This includes but is not limited to, the use of the data in machine learning models, data analysis, and other research and development processes and (4) subject to the additional limitations of liability below, you, on your own behalf and on behalf of your heirs and assigns, are agreeing to indemnify, release and hold harmless Trust Stamp from any and all claims related to the further use and disposition of your ID Information, including, without limitation, any claims predicated upon (a) the improper use, disclosure, or disposition of your ID Information, (b) identity fraud and theft, (c) invasion of privacy, or (d) negligent or intentional infliction of emotional distress. If you do not agree to these limitations, you should NOT submit an image of your Identification Document.

  6. Data Retention. Your Data may be retained consistent with our obligations to a Verifying Entity. Verifying Entities set a period for the retention of all or a part of Your Data. Absent a court order, subpoena, warrant, writ, or other legal requirement that we do so, in no case will we retain your Biometric Data, IT2, and ID Information for longer than thirty-six (36) months. In the meantime, you may request that we delete Your Data. To request deletion of Your Data, submit a request by email to privacy@truststamp.net or by mail to:

    Data Deletion: Trust Stamp
    1st and 2nd Floors, 3017 Bolling Way NE
    Atlanta, GA, 30305

    A request that we delete your Biometric Data or IT2 will not affect a completed verification. Deletion of your Biometric Data or IT2 may take up to ten business days from receipt of the request.

  7. Device and Session Data. We may also collect data about the device from which the Identification Document was transmitted to us (“Device Data”) and the internet connection session during which your Identification Document, Identification Image, or Verification Image was transmitted to us, including the Internet Protocol (IP) address (“Session Data”). Device Data may include information from device sensors, such as accelerometer data. You consent to our capture and retention of Device Data and Session Data, and sharing of such information with the Verifying Entity.

  8. Content. You agree that, consistent with these Terms, and in reliance on your express warranties regarding the data that you send or receive through use of the Services, Trust Stamp neither has nor exerts any editorial or other subjective control over the content of any data, communications or messages which may be sent by the Verifying Entity. Trust Stamp exercises no control over information re-transmitted by the Verifying Entity and cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for verifying the accuracy, legality, and suitability of any information and services you obtain from a Verifying Entity or from any third parties via or through your use of the Services.

  9. Data Storage. We will use a reasonable standard of care to store, transmit, and protect from disclosure any electronic data, including biometric data, collected from you. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the way we store, transmit and protect from disclosure other confidential and sensitive information.

  10. No Guarantee of Service. It is our goal to always make the Services available. However, there may be times when we need to temporarily or permanently modify or disable the Services. We reserve the right to discontinue, modify, suspend, or disable, in whole or in part, access to the Services or impose usage or access limits on the Services, either with or without notice, and in all cases without liability. In no event will we be liable for the discontinuance, modification, suspension, or disabling of access to the Services at any time or for any duration.

  11. Lawful Use Only. You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another End User, person or entity. You agree not to, and shall not, assist, encourage, or enable others to use the Services:

    1. for any purpose other than as expressly permitted under these Terms;

    2. in a manner that is abusive, defamatory, abusive, offensive threatening, invasive of the right of privacy of another person, or could reasonably expected to cause harm to any person or entity;

    3. to violate any applicable national, regional, federal, state, local or international law or regulation, or to encourage any illegal activity;

    4. to create, send, knowingly receive, display, transmit, or use any material which:

      1. infringes any patent, trademark, trade secret, copyright or other intellectual property right(s) of any other person;

      2. contains any images of child pornography or child sex abuse material; or

      3. otherwise violates, or contributes to the violation of, the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms or our Privacy Policy; or is likely to deceive or confuse any person;

    5. to violate these Terms or any other rules or policies posted by us on our website or otherwise provided to you;

    6. to transmit any computer viruses, worms, defects, Trojan horses or other malware; or

    7. to gain unauthorized access to or otherwise violate the security of any computer network.

    You agree not to, and shall not assist, encourage, or enable others to:

    1. reverse engineer, decompile, reverse assemble or perform any other operation on or with the Services that would reveal or disclose any source code, trade secrets, or other proprietary information;

    2. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Services, except as expressly authorized by us;

    3. remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;

    4. record, process, harvest, collect or mine information about other users;

    5. use any robot, script, or other automatic process or means to access the Services for any purpose;

    6. remove, circumvent, disable, damage or otherwise interfere with any security features or other restrictions of the Services;

    7. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored or any server, computer or database connected to the Services; Attack the Services via a denial-of-service, distributed denial-of-service (DDoS), or other form of cyberattack; or otherwise attempt to interfere with the proper working of the Services.

    The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if your actions are otherwise lawful) without providing thirty (30) days’ prior written notice to us at support@truststamp.net of your intent to do so, together with any information that we may reasonably require to provide us an opportunity to accommodate or otherwise address your proposed action, which shall be at our sole and absolute discretion.

  12. Fraudulent Submissions. Any submission or attempted submission to us of a Verification Image, Identification Image, or Identification Document that is fraudulent or submitted in an attempt to commit fraud, including, without limitation, actions in violation of Paragraph 11 above, shall be considered a Fraudulent Submission. Notwithstanding the terms above, should you make a Fraudulent Submission, you agree that we may retain, process, store, and use all submitted data, including Biometric Data and ID Information, for a period of up to ten (10) years for the purposes of (i) the investigation and prosecution of fraudulent activity and (ii) training and improving our systems in the detection and prevention of fraud. Upon written request to support@truststamp.net you may request that your data not be used for this purpose. However, to honor your request, we may require that you provide us with documentation establishing your identity as the lawful owner of any data associated with a Fraudulent Submission.

  13. Subpoena Fees. If we are required to provide information in response to a court order, subpoena, warrant, writ or similar legal or governmental inquiry related to your use of the Services, then we may charge you for our costs. These fees may include reasonable attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition or court hearing.

  14. Intellectual Property. You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information) you submit to us while using the Services (collectively, your “Content”). Subject to these Terms, you grant us permission to use or disclose your Content only as necessary to provide the Services to you or as otherwise permitted by these Terms. You represent and warrant that:

    1. you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Services and to grant the rights granted to us in these Terms;

    2. you will neither submit nor attempt to authorize the collection, processing, storage, or use of biometric data from any image or Photo ID in which you are not the person depicted; and

    3. your Content and its submission and use as you authorize in these Terms will not violate (i) any applicable law or regulation or (ii) any third-party intellectual property, privacy, publicity, or other rights.

  15. Termination of Services. Trust Stamp may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your registration and account, you may do so at any time by contacting us at support@truststamp.net Upon any termination, all rights and obligations of the parties shall cease, and you shall immediately cease using the Services, except that (a) all obligations that accrued prior to the effective date of termination, (b) all remedies for breach of these Terms, and (c) the provisions of Sections 4, 5, 12, 13, 16, 17, 18, 19, 20 and 21 shall survive.

  16. EXCLUSION OF WARRANTIES. TRUST STAMP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, OR FITNESS FOR PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED EXCLUSIVELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRUST STAMP DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF THE SERVICES OR ANY CONTENT. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. TRUST STAMP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY OR THROUGH, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, TRUST STAMP DISCLAIMS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY TRUST STAMP OR ITS REPRESENTATIVE(S) SHALL BE DEEMED TO CREATE A WARRANTY. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER. IF YOU ARE A RESIDENT OF SUCH A JURISDICTION, THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  17. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ANY RELIANCE UPON EITHER ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRUST STAMP OR ANY OF ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, DATA EXPOSURE OR LOSS, BUSINESS INTERRUPTION AND/OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT TRUST STAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPUTER DOWNTIME AND VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND ANY SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION, INCLUDING BIOMETRIC DATA AND BIOMETRIC INFORMATION, ABOUT YOURSELF THROUGH YOUR USE OF THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR DISCLOSURE OF SUCH CONTENT. IN NO EVENT SHALL THE OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE GREATER OF EITHER (A) THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE APPLICABLE CLAIM, IF ANY, OR (B) ONE HUNDRED DOLLARS ($100.00). IT IS THE INTENTION OF YOU AND US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY ALLOWABLE BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  18. MANDATORY BINDING ARBITRATION. ANY DISPUTE, DIFFERENCE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF HENNING MEDIATION AND ARBITRATION SERVICES IN ATLANTA, GEORGIA. THE ARBITRATION WILL BE HELD USING ONE ARBITRATOR. THE ARBITRATOR MAY AWARD COSTS AND/OR ATTORNEYS’ FEES TO THE PREVAILING PARTY. YOU UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING AND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER RESOLUTION PROCESSES (SUCH AS COURT ACTION OR ADMINISTRATIVE PROCEEDING).

  19. WAIVER OF CLASS ACTION & JURY TRIAL. WITH RESPECT TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER ALSO APPLIES TO CLASS ARBITRATION, AND AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS IN ANY ACTION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRUST STAMP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

  20. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRUST STAMP, ITS SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SUPPLIERS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES AND/OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM (A) YOUR VIOLATION OF THESE TERMS; (B) YOUR USE OR ACCESS OF THE SERVICES; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PUBLICITY; OR (D) ANY CLAIM THAT YOUR USE OF THE SERVICES CAUSED DAMAGE TO A THIRD PARTY.

  21. Modification of Terms. We reserve the right to modify these Terms, and to add new or additional terms or conditions on your use of the Services, for any reason, without notice, at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. Your continued use of the Services will be deemed acceptance hereof. We will notify you of material changes by requiring you to agree to them prior to future use of the Services. The current Terms shall also be available on our website. What constitutes “material changes” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

  22. General Terms. These Terms constitute the sole and entire agreement between you and Trust Stamp with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. No waiver of these Terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to or delay in asserting a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in these Terms are for convenience only and have no legal or contractual effect. You hereby grant Trust Stamp the right to take steps reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that we have the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including, but not limited to, our right to cooperate with any legal process relating to your use of the Services, and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party’s rights).

  23. Governing Law and Venue. These Terms, and the license granted herein, shall be governed by the laws of the State of Georgia, without respect to its conflict of laws principles. For any claim(s) to which the mandatory arbitration provision contained herein is deemed inapplicable, you agree to submit to the personal jurisdiction of the federal and state courts located in Atlanta, Georgia. Your use of the Services may also be subject to other local, state, federal or international laws.

    By voluntarily providing a Verification Image or Identification Document, you are acknowledging and agreeing to these Terms and are:

    1. representing that you have read, understand, and consent to these Terms in their entirety, including all provisions related to the collection, processing, storage, and use of your Biometric Data;

    2. representing that you are the person depicted in the Verification Image; the Verification Image is a live, unaltered image of you captured by the camera of the device being used in the process (i.e. not, e.g., a picture of a picture or a video of a video); your Identification Document is a lawfully produced document validly issued by the jurisdiction reflected thereon on which your image and other data are unaltered;

    3. appointing us as your agent solely for the limited purpose of affixing your electronic signature on these Terms on your behalf and are directing that we affix and associate your IP address and the date and time of your acknowledgment of these Terms as your legally binding electronic signature attesting to your understanding and written acknowledgment and acceptance of these Terms;

    4. agreeing that your continued use of the Services constitutes your ongoing consent to these Terms.