These Terms and Conditions, including any schedules, annexes or appendices thereto, shall govern the mutual relationship of the Service Provider and the Customer (hereinafter collectively referred to as the “Parties” or individually as a “Party“).
The Customer agrees to be bound by the Terms and Conditions by proceeding with the registration while applying for a particular Pricing Plan on the Service Provider’s Website.
Sum and Substance Ltd, a companyincorporated and registered in England with registration number 09688671 and registered office at 30 St. Mary Axe, London, England, EC3A 8BF.
Service Provider’s contact: [email protected]
The term “Customer” shall include any legal person using the System on the basis of the Terms and Conditions and in accordance with the Business Purpose.
1. Definitions and Interpretations
1.1. In these Terms and Conditions, unless the context requires otherwise, the following definitions shall apply:
means a set of functions and procedures that facilitate submission of applications for access to the features or data of the System.
means the end user (whether natural person or legal entity) providing documents, images, and other input data in respect of which the Service Provider performs Checks and other Services.
means the permitted purpose for which the Customer may use the System and the Services. For clarity, the Customer may use the System (in its entirety or in part) for lawful purposes of remote identity verification, fraud prevention, compliance with AML/CFT laws and regulations, internal risk management and due diligence procedures, and other similar purposes.
means a subcategory of the Services consisting of analysis of documents, images, and other input data submitted by a given Applicant, carried out in order to verify the Applicant’s identity. For clarity, a Check is deemed completed when a given Applicant is assigned a “Rejected”, “Approved” or “Resubmission requested” status in the Dashboard. If any Check is reiterated in respect of the same Applicant later than one calendar month from the moment when the first such Check was completed, such reiteration shall be considered a new Check and, therefore, charged separately.
means the day the Customer expresses its agreement to be bound by these Terms and Conditions.
means information disclosed by (or on behalf of) one party (the “Discloser”) to the other party (the “Recipient”) in connection with or in anticipation of these Terms and Conditions (including the content of these Terms and Conditions and Services itself) that is marked as confidential or, from its nature, content or the circumstances in which it is disclosed, might reasonably be supposed to be confidential. It does not include information (i) that the Recipient already knew, (ii) that becomes public through no fault of the Recipient, (iii) that was independently developed by the Recipient or (iv) that was lawfully given to the Recipient by a third party.
means any information technology system (systems) owned or operated by the Customer, if any, which receives data from the Service Provider in accordance with these Terms and Conditions, including the Customer's data processing facilities, data files and documents requiring processing.
means any member of the Customer's personnel authorised by the Customer to access and/or use the System (in its entirety or in part) under their own unique identifier issued by the Service Provider.
means the Data Processing Agreement as contained in Annex 3 to these Terms and Conditions.
means the charges payable by the Customer to the Service Provider in accordance with these Terms and Conditions and, specifically, Annex 2 hereto.
Good Industry Practice
means, in relation to any undertaking and any circumstances, the exercise of skill, diligence, prudence, foresight and judgement and any expenditure that would reasonably be expected from a skilled person engaged in the same type of undertaking under the same or similar circumstances.
Intellectual Property Rights
means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in Confidential Information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
means viruses, worms, time bombs, Trojan horses and other similar malware, files, scripts, agents or programs.
means the general payment terms and options applicable to the Parties’ relationship, as contained in Annex 2 to these Terms and Conditions.
means the tariff and the payment option chosen by the Customer via the Service Provider’s Website prior to using the System, entitling the Customer to use Services of types and volumes and on the conditions specified in the respective Pricing Plan.
means documents generated in the Dashboard and containing summaries of the Checks performed in respect of each given Applicant and of their results.
means the software code supplied by the Service Provider to be embedded into the Customer System and any documentation relating to the integration of the System with the Customer System.
means any key, PIN, password, token, smartcard, etc.
means the Service Level Agreement as contained in Annex 1 to these Terms and Conditions.
means the technical support to be rendered by the Service Provider, including maintaining the System accurate, up-to-date, in good working order, and free from Malicious Code, and restoring it to normal operational conditions if unavailable.
means the list and description of Services corresponding to the Pricing Plan chosen by the Customer, available at: https://sumsub.com/pricing at the relevant time. The Service Provider reserves the right to update or amend the Specification, provided that such actions are not detrimental to the Customer's legitimate interests; the Customer shall be entitled to object to an update or amendment, in which case it shall not be applicable (or, as the case may be, shall cease to apply) to its relationship with the Service Provider. The Customer may at any time enable or disable any of the Services covered by the respective Specification by contacting the Service Provider's support department at [email protected]
means a set of computer programs and databases owned and operated by the Service Provider in order to render the services described in the Specification (the “Services“). The System includes an interactive software tool facilitating the communication between the Service Provider and the Customer and ensuring management and processing of requests for verification submitted by the Customer or by Applicants (the “Dashboard“).
3. Connection to the system
4. Intellectual property rights – ownership and protection
6. Confidentiality and data protection
7. Security features. Customer users
8. Liability. Limitation of liability
9. Representations and warranties.
10. Termination and suspension
Service level agreement
Data processing agreement
Personal Data Processing Purposes and Details
Subject matter of processing:
KYC/AML procedures, remote identity verification
Duration of Processing:
Term as defined in the Terms and Conditions
Nature of Processing:
Document Check, Face Match/Liveness Check, Databases Check
KYC/AML compliance, due diligence & risk management procedures
Personal Data Categories:
Proof of Identity Documents, Proof of Address Documents, Facial Image Data, Contact Details, Banking Details
Data Subject Types:
Applicants as defined in the Terms and Conditions