Terms of Service

SAFEPASSAGE TERMS OF SERVICE

Last Updated: April 24, 2025

1. INTRODUCTION

1.1 About SafePassage

SafePassage, S.A.S. ("SafePassage," "we," "our," or "us") provides AI-powered age verification and document verification services through our platform. These Terms of Service ("Terms") govern your access to and use of SafePassage's services, website, and applications (collectively, the "Services").

1.2 Acceptance of Terms

By accessing or using the Services, creating an account, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a company or other entity, you represent that you have the authority to bind such entity to these Terms.

1.3 Account Registration

To access the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

1.4 Age Requirements

You must be at least 18 years old to create an account and use our Services. If you are accessing the Services on behalf of an organization, you confirm that you have the legal authority to bind that organization to these Terms.

2. SERVICES

2.1 Description of Services

SafePassage provides AI-powered age estimation and document verification services that enable you to verify the age of individuals. The Services include:

  • Age estimation using artificial intelligence
  • Document verification and authentication
  • API access for integration with your applications or platforms

2.2 Service Availability

We strive to maintain 99% uptime of the Services. However, we do not guarantee uninterrupted access to the Services. We may perform scheduled maintenance during which the Services may be unavailable. We will make reasonable efforts to provide advance notice of scheduled maintenance.

2.3 Support Services

SafePassage provides technical support via email. We will make commercially reasonable efforts to respond to support requests within 24 hours.

2.4 Relationship with Emblem

The Services incorporate privacy infrastructure technology provided by Emblem. By using SafePassage's Services, you acknowledge and agree that:

[a) Your verification data may be processed through Emblem's privacy infrastructure [b) Non-transferable verification tokens representing your verification status may be created on the Polygon blockchain network [c) No personally identifiable information is stored on the blockchain [d) The use of Emblem's technology enhances privacy by creating separation between verification data and content services [e) Emblem's systems provide "double anonymity" ensuring verification authorities cannot track which services users access, and content providers cannot identify which authority performed verification

3. FEES AND PAYMENT

3.1 Fee Structure

SafePassage charges fees based on the type of verification performed. Current pricing information is available on our Pricing Page at https://safepassageapp.com/#pricing. By using our Services, you agree to pay the fees listed on the Pricing Page for each completed transaction.

3.2 Different Verification Types

Fees vary depending on whether a transaction involves age estimation only or requires document verification. The specific rates for each type of verification are detailed on our Pricing Page.

3.3 Billing and Payment

Customer will be billed monthly for all completed transactions. Payment is due within thirty (30) days of invoice date. SafePassage accepts payment via credit card, ACH transfer, and other methods specified in the account settings.

3.4 Price Changes

SafePassage reserves the right to modify its fees by updating the Pricing Page. We will provide at least thirty (30) days' notice of any price changes through email notification to the account administrator. Your continued use of the Services after the price change takes effect constitutes acceptance of the new pricing.

3.5 Taxes

All fees are exclusive of taxes. Customer is responsible for any applicable sales, use, or value-added taxes associated with the purchase of Services, other than taxes based on SafePassage's income.

3.6 Failed Payments

If any payment is not received by the due date, SafePassage may suspend access to the Services until payment is made. For accounts with recurring payments enabled, SafePassage will attempt to process the outstanding payment again after 3 business days.

4. USER RESPONSIBILITIES

4.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not use the Services:

  • In any way that violates applicable laws or regulations
  • To infringe upon or violate the intellectual property rights or any other rights of anyone else
  • To attempt to circumvent or disrupt the security or functionality of the Services
  • To transmit viruses, malware, or other malicious code

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Create strong, unique passwords
  • Keep your account credentials secure
  • Immediately notify SafePassage of any unauthorized use of your account
  • Ensure that you log out from your account at the end of each session

4.3 Compliance with Laws

You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including but not limited to:

  • Data protection and privacy laws
  • Age verification requirements
  • Consumer protection regulations
  • Any laws applicable to your industry or business

4.4 Integration Responsibilities

If you integrate the Services into your own applications or platforms, you are responsible for:

  • Properly implementing the integration according to our documentation
  • Testing the integration before deploying to production
  • Maintaining compatibility with any updates to our API
  • Ensuring your implementation provides a good user experience

5. DATA AND PRIVACY

5.1 Data Collection and Use

SafePassage collects and processes data necessary to provide the Services, including:

  • Facial images for age estimation
  • Images of identification documents for verification
  • Personal information extracted from identification documents

For complete information about our data practices, please review our Privacy Policy at https://safepassageapp.com/legal/legacy/privacy and our Biometric Disclosures at https://safepassageapp.com/biometric.

5.2 Security Measures

SafePassage implements appropriate technical and organizational measures to protect your data, including:

  • Encryption of data in transit and at rest
  • Access controls and authentication mechanisms
  • Regular security assessments
  • Employee training on data security practices

5.3 Data Retention

We retain data only for as long as necessary to provide the Services or as required by applicable laws, in accordance with the data minimization principle. Unless otherwise required by law, we typically retain:

  • Age verification results for 30 days
  • Document verification results for 90 days
  • Transaction logs (non-personal data) for 1 year

You may request deletion of your personal data at any time by contacting legal@safepassageapp.com, and we will process such requests within 30 days unless there is a legal basis for continued retention.

5.4 Data Breach Notification

In the event of a data breach affecting your data, we will notify you without undue delay and no later than 72 hours after becoming aware of the breach, in accordance with applicable laws and regulations.

5.5 Data Processing Through Emblem

SafePassage has a data processing agreement with Emblem to provide privacy infrastructure services. When you use our Services:

[a) Certain verification data may be processed through Emblem's systems [b) Emblem acts as a subprocessor of your data under SafePassage's direction and control [c) Emblem implements appropriate technical and organizational measures to protect your data [d) The blockchain tokens created through Emblem's technology do not contain your personal information [e) Emblem's privacy practices are governed by the same standards outlined in our Privacy Policy [f) The use of blockchain technology provides an immutable record of verification while maintaining privacyg) No personal data is transferred to countries outside the EEA without appropriate safeguards

5.6 Automated Decision-Making and Profiling

Our Services use automated processing, including AI-powered age estimation, to make determinations about individuals' ages. When our Services are used to determine access to age-restricted content or services:

  • The automated decision is necessary for entering into or performance of a contract
  • Alternative verification methods are available when requested
  • Users have the right to obtain human intervention, express their point of view, and contest decisions made through automated means
  • We implement suitable safeguards to protect data subjects' rights, freedoms, and legitimate interests

5.7 Data Portability

We provide data portability options to enable you to obtain and reuse your personal data across different services. Upon request, we will provide your personal data in a structured, commonly used, and machine-readable format, or transmit it directly to another controller where technically feasible.

6. GDPR COMPLIANCE

6.1 Data Controller and Processor Roles

When providing Services to users in the European Economic Area (EEA), SafePassage acts as a data processor processing personal data on behalf of you (the Customer), who acts as the data controller. When processing data through Emblem's infrastructure, Emblem serves as a sub-processor under SafePassage's direction.

6.2 Legal Basis for Processing

SafePassage processes personal data only on documented instructions from you as the data controller. You are responsible for ensuring you have a valid legal basis for processing personal data, which may include:

  • Consent of the data subject
  • Necessity for the performance of a contract
  • Compliance with a legal obligation
  • Protection of vital interests
  • Public interest
  • Legitimate interests

6.3 Data Subject Rights

SafePassage will assist you in fulfilling your obligation to respond to data subject requests for exercising their rights, including:

  • Right to access their personal data
  • Right to rectification of inaccurate data
  • Right to erasure ("right to be forgotten")
  • Right to restriction of processing
  • Right to data portability
  • Right to object to processing
  • Rights related to automated decision-making and profiling

We will respond to your requests to assist with data subject rights within 14 days.

6.4 Data Protection Impact Assessment

Upon your request, SafePassage will provide information necessary to help you conduct Data Protection Impact Assessments (DPIAs) when required under GDPR.

6.5 International Data Transfers

Where personal data is transferred outside the EEA, SafePassage ensures appropriate safeguards are in place, including:

  • Transfers to countries with adequacy decisions from the European Commission
  • Standard Contractual Clauses (SCCs) for transfers to third countries
  • Appropriate technical and organizational measures to ensure a level of protection equivalent to that within the EEA

6.6 Data Breach Notification

In the event of a personal data breach affecting EU data subjects, SafePassage will notify you without undue delay after becoming aware of the breach, and no later than 24 hours after discovery. The notification will include:

  • The nature of the breach
  • Categories and approximate number of data subjects affected
  • Categories and approximate number of personal data records concerned
  • Likely consequences of the breach
  • Measures taken or proposed to address and mitigate the breach

6.7 Contact for Data Protection Inquiries

You can contact SafePassage with any questions related to our GDPR compliance at legal@safepassageapp.com.

6.8 Records of Processing Activities

SafePassage maintains records of all processing activities as required by Article 30 of the GDPR. Upon legitimate request, we will make these records available to supervisory authorities.

7. INTELLECTUAL PROPERTY

7.1 Ownership of Services

SafePassage owns and retains all right, title, and interest in and to the Services, including all software, algorithms, user interfaces, trademarks, logos, and other intellectual property incorporated into the Services. Certain components of the Services utilize technology from Emblem pursuant to license agreements between SafePassage and Emblem. Nothing in these Terms grants you any right, title, or interest in the Services or Emblem's technology except for the limited license expressly set forth herein.

7.2 License to Use

Subject to your compliance with these Terms, SafePassage grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business purposes during the term of these Terms.

7.3 Restrictions

You shall not:

  • Modify, translate, or create derivative works based on the Services
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
  • Remove, alter, or obscure any proprietary notices on the Services
  • Use the Services for any purpose beyond the scope of the license granted in this section
  • Sell, resell, license, sublicense, distribute, rent, or lease the Services

7.4 Feedback

If you provide any feedback, comments, suggestions, or ideas regarding the Services, you grant SafePassage a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback without restriction.

8. DISCLAIMERS AND LIMITATIONS

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SAFEPASSAGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAFEPASSAGE DOES NOT MAKE ANY WARRANTIES REGARDING EMBLEM'S TECHNOLOGY OR THE POLYGON BLOCKCHAIN NETWORK, INCLUDING BUT NOT LIMITED TO THEIR AVAILABILITY, RELIABILITY, OR SECURITY.

8.2 Age Estimation Limitations

You acknowledge that SafePassage's age estimation technology is based on artificial intelligence and machine learning algorithms that provide an estimate rather than a definitive determination of age. While SafePassage strives to maintain high accuracy levels, factors such as lighting conditions and image quality may affect results. You agree to use the Services as one component of your overall age verification process and not as the sole determinant for age-restricted access.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFEPASSAGE, EMBLEM, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

THE PROTECTED PARTIES SPECIFICALLY DISCLAIM ANY LIABILITY ARISING FROM THE RESULTS OF AGE VERIFICATION OR DOCUMENT VERIFICATION SERVICES, INCLUDING BUT NOT LIMITED TO INCORRECT VERIFICATION RESULTS.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID BY YOU TO SAFEPASSAGE FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.4 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that SafePassage may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SafePassage's liability shall be the minimum permitted under such applicable law.

8.5 Force Majeure

SafePassage shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, terrorism, riots, war, governmental action, and technological failures or disruptions to the Polygon blockchain network or other third-party services upon which the Services rely.

9. INDEMNIFICATION, TERM AND TERMINATION

9.1 Indemnification

You agree to defend, indemnify, and hold harmless SafePassage, Emblem, and their respective officers, directors, employees, agents, partners, and service providers (collectively, the "Indemnified Parties") from and against any claims, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) any claim related to your implementation or use of the Services, including claims related to age verification results; or (e) any activities conducted through your account. This defense and indemnification obligation will survive termination of these Terms.

9.2 Term

These Terms will remain in effect until terminated by you or SafePassage as described below.

9.3 Termination by You

You may terminate these Terms at any time by canceling your account and discontinuing use of the Services. You can cancel your account by contacting support@safepassageapp.com.

9.4 Termination by SafePassage

SafePassage may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if:

  • You breach any of the provisions of these Terms
  • You fail to pay any fees when due
  • SafePassage believes, in its sole discretion, that your actions may cause legal liability for you, other users, or SafePassage
  • SafePassage decides to cease providing the Services

9.5 Effect of Termination

Upon termination:

  • Your right to access and use the Services will immediately cease
  • SafePassage may delete your account and all associated data
  • You remain liable for all amounts due under your account up to and including the date of termination
  • All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

9.6 Data After Termination

Upon request made within 30 days of termination, SafePassage will make your data available for export or download. After such 30-day period, SafePassage shall have no obligation to maintain or provide any of your data and may, unless legally prohibited, delete all such data in its systems or otherwise in its possession.

10. GENERAL PROVISIONS

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in King County, Washington, and you hereby consent to personal jurisdiction and venue in such courts.

10.1.1 EU Users

If you are a user located in the European Union, these Terms shall be governed by the laws of your country of residence to the extent required by applicable law, and any disputes will be subject to the competent courts in your jurisdiction. Nothing in these Terms, including the arbitration provision, shall deprive EU consumers of the protection afforded by provisions of law that cannot be derogated from by agreement under the law of their country of residence.

10.2 Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in King County, Washington, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

10.2.1 EU Supervisory Authorities

For users in the European Union, this dispute resolution provision does not prevent you from bringing a claim before your local data protection authority or other supervisory authority. You have the right to lodge a complaint with a supervisory authority in your country of residence, place of work, or place of an alleged infringement of GDPR.

10.3 Waiver of Jury Trial

EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

10.4 Entire Agreement

These Terms constitute the entire agreement between you and SafePassage regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

10.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

10.6 No Waiver

SafePassage's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

10.7 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without SafePassage's prior written consent. SafePassage may assign these Terms in whole or in part at any time without your consent.

10.8 Notices

All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; and upon receipt, if sent by certified or registered mail, return receipt requested.

10.9 Modifications to Terms

SafePassage reserves the right to modify these Terms at any time. We will provide notice of changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

10.10 Contact Information

If you have any questions about these Terms, please contact us at:

SafePassage, S.A.S.CR 42 No.5 SUR 145 Medellin, Antioquia, Colombia

Email: legal@safepassageapp.com or support@safepassageapp.com

10.11 Third-Party Beneficiaries

Emblem is an express third-party beneficiary of these Terms and may enforce its rights under these Terms directly against you, including but not limited to the limitations of liability, indemnification provisions, and intellectual property rights.

10.12 Blockchain Technology

The Services utilize blockchain technology through Emblem's infrastructure. By using the Services, you acknowledge that:

[a) Blockchain transactions are generally irreversibl; [b) The Polygon blockchain network's operational characteristics are beyond SafePassage's control; and [c) No personal information is stored directly on the blockchaind) The tokenization of verification status provides enhanced security and privacy.