Terms and Conditions

2.1. KYC Assist provides a configurable suite of identity verification and compliance products, which may include, without limitation: document verification, face/liveness checks, biometric matching, sanctions screening, KYB, ongoing monitoring, and reporting tools.

2.2. The specific features, service levels, pricing, and deliverables applicable to a Client will be set out in a separate order form, subscription agreement, or statement of work (“Order”).

2.3. KYC Assist may update, upgrade, or deprecate features of the Services. We will use commercially reasonable efforts to provide notice of material changes.

3.1. You must be at least 18 years old and have the legal capacity to enter these Terms to use the Services.

3.2. If you are a business, you represent and warrant that you have all necessary authority to bind your organization to these Terms.

3.3. You must register for an Account and provide accurate, current and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your Account.

3.4. You will notify KYC Assist immediately of any unauthorized use of your Account or any other breach of security.

4.1. Clients are responsible for:

• Obtaining any consents required by applicable law from End Users for the collection and processing of their Data using the Services.
• Ensuring the lawful purpose and legal basis for each use of the Services (e.g., KYC, AML, fraud prevention).
• Providing accurate and complete information to KYC Assist and for the End Users submitted for verification.
• Maintaining the security of their own infrastructure, keys, and access to APIs.

4.2. Clients must not:

• Use the Services for unlawful activities or to process data in violation of applicable sanctions laws.
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Services.
• Circumvent rate limits, protections, or security features of the Services.

5.1. Controller / Processor Roles. KYC Assist acts as a processor and the Client acts as the controller, except where KYC Assist processes personal data for its own purposes. The parties will enter into a Data Processing Addendum (“DPA”) when required by applicable law or contract.

5.2. Compliance. KYC Assist processes Data in accordance with applicable privacy and data protection laws. Clients remain responsible for their own compliance obligations (e.g., providing privacy notices, obtaining consent).

5.3. Security Measures. KYC Assist maintains administrative, technical, and physical safeguards designed to protect Data against unauthorized access, disclosure, loss and destruction (e.g., encryption, access controls, SOC/ISO-aligned policies). Specifics are available under our security documentation / DPA.

5.4. Breach Notification. In the event of a confirmed security breach affecting Client Data, KYC Assist will notify the Client promptly and cooperate to investigate and remediate the incident in accordance with applicable law.

5.5. Data Retention & Deletion. Data retention periods will be specified in the Order or DPA. Deletion requests may be limited where retention is required by law, regulatory obligations, or legitimate business needs.

5.6. Cross-Border Transfers. KYC Assist may transfer Data internationally (including to the U.S.). Transfers will be made using appropriate safeguards as described in the DPA.

6.1. KYC Assist uses Subprocessors and third-party providers (e.g., data providers, identity registries, cloud providers) to deliver the Services. Details are available on request or in the DPA.

6.2. KYC Assist will remain responsible for the acts and omissions of its Subprocessors to the extent required by applicable law and contract.

7.1. KYC Assist may perform sanctions, watchlist, PEP, and adverse media screening. Clients are responsible for configuring screening thresholds and rules.

8.1. KYC Assist and its licensors retain all right, title, and interest in and to the Services, including software, models, documentation, and any improvements. All rights not expressly granted herein are reserved.

8.2. KYC Assist grants Clients a limited, non-exclusive, non-transferable right to access and use the Services for their internal business purposes.

8.3. Clients retain ownership of the Data they submit to the Services, subject to any rights granted to KYC Assist to use aggregated, anonymized data for product improvement and analytics.

9.1. Fees and payment terms are set forth in the applicable Order. Fees are non-refundable unless expressly stated.

9.2. KYC Assist may suspend or terminate access for Clients with overdue payments after notice and cure periods as set out in the Order.

9.3. Clients are responsible for all taxes, duties, and assessments (excluding taxes on KYC Assist’s net income).

10.1. Service levels, uptime commitments, and credits (if any) will be described in the Order or SLA.

10.2. Support is provided as set out in the Order. For emergency security issues, Clients should follow the emergency contact procedure in their onboarding documentation.

11.1. Each party agrees to keep confidential the other party’s Confidential Information (including non-public business, technical, security and customer information).

11.2. Confidential Information may only be used to exercise rights and perform obligations under these Terms.

12.1. Disclaimer:

Except as set forth herein, the Services are provided “AS IS” and “AS AVAILABLE” without further warranties of any kind.

12.2. No Legal/Regulatory Advice:

KYC Assist does not provide legal, regulatory, or compliance advice. Clients should consult their legal advisors regarding the use of Services to meet regulatory obligations.

13.1. Exclusion of Damages:

Neither party will be liable for indirect, incidental, consequential, special, punitive or exemplary damages (including lost profits, lost data, or business interruption), even if advised of the possibility of such damages.

13.2. Liability Cap:

KYC Assist’s aggregate liability will not exceed the total fees paid by the Client to KYC Assist during the twelve (12) months preceding the event giving rise to the claim (or, if no fees were paid, USD 10,000).

13.3. The foregoing limitations will not apply to liability arising from gross negligence, willful misconduct, or liabilities that cannot be excluded or limited under applicable law.

14.1. By Client (You indemnify Us):

Client indemnifies KYC Assist from claims arising out of (a) Client’s misuse of the Services, (b) Client’s breach of these Terms, (c) Client’s violation of applicable law, or (d) Client-provided data that infringes third-party rights.

14.2. By KYC Assist (We indemnify You):

KYC Assist indemnifies Client from claims that the Services (excluding Client Data) infringe a third party’s U.S. intellectual property rights.

15.1. Audit. KYC Assist may audit Client’s use of the Services to ensure compliance with these Terms.

15.2. Recordkeeping. Clients must maintain records required by applicable law (e.g., KYC documentation, AML records) and provide such records to regulatory authorities when lawful and required.

16.1. Clients agree not to use the Services in violation of applicable export, sanctions, or trade control laws.

16.2. KYC Assist may block or refuse service to any Client, End User, or transaction that would violate sanctions lists, export controls, or other applicable restrictions.

17.1. Where Services process biometric data, Clients warrant that they have obtained any legally required consents and that their use complies with applicable laws.

17.2. Additional protections and contractual terms for biometric processing will be included in the DPA where applicable.

18.1. U.S. Customers / Residents. KYC Assist complies with applicable U.S. federal and state data protection and consumer privacy laws to the extent required.

18.2. California Residents. Where applicable, Clients and End Users may exercise rights under the CCPA/CPRA. Clients are responsible for responding to consumer requests when acting as controller.

18.3. European & Other Data Subjects. For EU/EEA data subjects, rights under GDPR will be handled according to the DPA.

18.4. Clients are responsible for implementing processes to handle user rights in compliance with applicable laws.

19.1. These Terms commence when you accept them or begin using the Services and will continue until terminated as set forth herein or in an Order.

19.2. KYC Assist may suspend or terminate Services immediately for breach, suspected fraud, non-payment, court order, regulatory obligations, or security incidents.

19.3. On termination, Client’s access will cease. Client Data will be returned or deleted subject to the DPA and any legally required retention.

20.1. KYC Assist may modify these Terms from time to time. Material changes will be communicated to Clients in advance where practicable and posted to our site with an updated “Last updated” date. Continued use of the Services after publication constitutes acceptance of the updated Terms.

21.1. Governing Law. These Terms and any disputes arising out of them are governed by the laws of the State of Delaware, United States of America.

21.2. Jurisdiction. The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Wilmington, Delaware.

21.3. Before initiating litigation, the parties agree to attempt to resolve disputes promptly by good faith negotiation.

22.1. Notices to KYC Assist:
Legal Department — KYC Assist, Inc.
Email: legal@kyc-assist.com

22.2. Notices to Clients will be sent to the primary email on file. Notices take effect upon receipt.

23. Third-Party Beneficiaries: Except as provided in the indemnification sections, there are no third-party beneficiaries to these Terms.

24. Assignments: You may not assign your rights or delegate your obligations under these Terms without KYC Assist’s prior written consent.

25. Severability: If any provision is held to be unenforceable, the remainder of the Terms will remain in full force and effect.

26. Entire Agreement: These Terms, together with any Order, DPA, SLA, and other documents incorporated by reference, constitute the entire agreement.