Terms and Conditions of Use
1. Introduction
The purpose of these Terms and Conditions of Use is to define the terms and conditions under which You may use Our Online Services, Our AgeVerif.com website or any other functionality that We offer in connection with the Services that We provide.
Any visit, use or registration implies unreserved and unrestricted acceptance of these Terms and Conditions of Use.
These Terms and Conditions of Use may be changed at any time, at Our sole discretion. If You do not agree to such changes and discontinue use of AgeVerif.com and its Services, You remain responsible for all prior use.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE AND TO BE BOUND BY THE TERMS CONTAINED HEREIN, YOU MUST REFRAIN FROM ACCESSING THE SERVICES OFFERED BY AGEVERIF.COM.
The AgeVerif.com website is owned, published and operated by E-Borealis Lda, a company incorporated under Portuguese law, registered in the Funchal Trade Register under number 510001408, with its registered office at Rua Encosta dos Piornais Nº 4, 9000-683 Funchal, Portugal (VAT: PT510001408).
2. Other applicable conditions
Additional terms also apply, such as Our Privacy Policy, which sets out how We use, treat and protect the information You provide to Us and that We collect, as well as Our use of cookies.
Depending on the Age Verification Method You use, the following additional conditions apply:
• AnonymAGE Terms and Conditions of Use: https://idxlab.eu/cgu-idxlab/
• AnonymAGE General Conditions of Sale: https://idxlab.eu/cgv-idxlab/
• AnonymAGE Privacy Policy: https://idxlab.eu/politique-de-confidentialite-idxlab/
• Stripe Terms of Use: https://stripe.com/gb/legal/consumer
• Stripe Privacy Policy: https://stripe.com/gb/privacy
3. Définitions
The following capitalized words and terms have the meaning defined in the following Terms and Conditions of Use. The following definitions have the same meaning whether they appear in the singular or plural.
Terms and Conditions of Use: Refers to the present document which constitutes the entire agreement between You and E-Borealis Lda concerning the use of the AgeVerif.com website and its Services.
AgeVerif.com: Also referred to as We, Us, Our, etc. means the company E-Borealis Lda which owns the AgeVerif.com website, AgeVerif.com being the trademark of the Service offered.
User: Also referred to as You, Your, etc. means any person who visits or uses the AgeVerif.com Services to verify their age and certify their majority in order to access websites and/or certain types of content prohibited to minors.
Online Service Operators: Refers to companies or individuals using AgeVerif.com's Services to restrict access to minors on their websites and/or certain types of content.
Services: Refers to all the services that AgeVerif.com provides to its Users within the framework of these Terms and Conditions of Use.
Age Verification Methods : Refers to the different methods made available to the User by AgeVerif.com to verify their age and attest to their majority.
Device: Refers to any device that can access the Service, such as a computer, mobile phone or digital tablet.
4. Description of Services
The purpose of AgeVerif.com's Services is to provide reliable, anonymous and secure online age verification and validation solutions.
AgeVerif.com's Services are intended for any Internet user wishing to attest to their majority in order to access websites and/or content prohibited to minors.
AgeVerif.com's Services are also intended for companies or individuals wishing to restrict access to minors on their websites and/or certain types of content (hereinafter referred to as Online Service Operators).
AgeVerif.com's Services are accessible either on the AgeVerif.com website or through an embedded module on the third-party websites of Online Service Operators.
AgeVerif.com's Services offer different Age Verification Methods.
Estimation by email :
We examine, from the email address entered by the User, the websites and applications on which this email address has already been used in order to determine its age.
Estimation by facial recognition (Selfie) :
The User is invited to use their Device's camera. The captured image is analyzed on the User's Device. The entire facial recognition and age determination process is performed on the User's Device. No image is collected or sent to AgeVerif or Online Service Operator servers.
Bank card verification :
The User is invited to make a one-time transaction in the amount of one euro (€1.00) coupled with strong two-factor authentication in accordance with the European directive (EU) 2015/2366 on payment services (known as "PSD2"). Transactions are secured by Stripe, Inc.
Bank card verification combined with subscription to a VPN service :
The User is invited to subscribe to a VPN (Virtual Private Network) service. The VPN service is accessible after payment for a period which varies according to the subscription package chosen by the User at the time of subscription. Access to the VPN service begins as soon as the purchase is validated. Transactions are insured and secured by Stripe, Inc.
Verification by AgeVerif ticket :
The User must first obtain an AgeVerif ticket from partner tobacconists. The sale of the ticket is subject to verification of the User's majority by the tobacconist using a valid identity document. The AgeVerif ticket contains a single-use code valid for 2 months. The AgeVerif ticket is under no circumstances taken back, exchanged, refunded and cannot be the subject of any consideration in kind, in cash or transfer.
Verification with the AnonymAGE application :
AnonymAGE is a third party age verification solution that allows its users to verify and validate their majority. The User is invited to scan a QR code or click on a link to launch the AnonymAGE application on their phone or digital tablet. The AnonymAGE application, with which the User will have previously had their majority validated, confirms or not the User's majority to AgeVerif. The User's data previously transmitted to AnonymAGE to validate their majority is not transmitted to AgeVerif.com or to the websites of Online Service Operators.
NO VERIFICATION DATA YOU SUBMIT IS TRANSFERRED TO ONLINE SERVICE OPERATORS USING AGEVERIF.COM SERVICES.
Certain age verification methods are only valid in certain countries. Depending on the user's geographical location, the age verification methods listed above may not be available.
All exchanges and communications between your Device and AgeVerif.com servers use 256-bit encryption.
You agree that AgeVerif.com may, at its sole discretion, have the right to remove, add and/or edit the available Age Verification Methods at any time, for any reason, with or without notice.
5. Duration of validity of age proof
The duration of validity of the age proof varies according to the Method used and the geographical location of the User.
At the end of this period, the age proof expires and the User must restart the age verification process with the Method of their choice to continue to benefit from the advantages linked to this verification.
6. Access
To use Our Services You must be eighteen (18) years of age or older, or have reached the age of majority in the jurisdiction in which You reside and from which You access AgeVerif.com. You must have legal capacity to commit Yourself and accept these Terms and Conditions of Use and must not be the subject of a legal protection measure for adults (guardianship or curatorship). Otherwise, You will not be able to use the AgeVerif.com Services. AgeVerif.com declines all responsibility in the event of a false declaration by a User concerning their age.
Whilst We use reasonable endeavours to ensure that AgeVerif.com is available 24 hours a day, this cannot be guaranteed. Access to AgeVerif.com may be suspended temporarily and without notice in the event of system errors, maintenance or repair work, or for reasons beyond Our control.
7. Subscription
In the case of age verification by bank card coupled with subscription to a VPN service, the User must first select a subscription package and make payment. The subscription becomes effective only after full payment of the price by the User and for a period which varies according to the subscription package chosen.
The duration of the subscription, its price, the terms of automatic renewal and the General Terms and Conditions of Sale specific to the subscription offer selected are made available to the User at the time of purchase.
All subscriptions are automatically renewed for the same duration at the end of the subscription period. They may not be transferred or assigned.
8. Fees and payment
The AgeVerif.com Services and the majority of Age Verification Methods are free of charge to Users. However, certain age verification Methods involve a payment, the price and terms of which are specified prior to use of the Method.
The credit card verification offer is subscription-free and is subject to a one-off, non-renewable payment of €1.00, payable by credit card.
All subscriptions to a VPN service are chargeable and payable by credit card.
THE PRICES OF THE PACKAGES AVAILABLE AT THE TIME OF SUBSCRIPTION, EXPRESSED IN EUROS (€) INCLUDING ALL TAXES, THEIR DURATION AND THE AUTOMATIC RENEWAL TERMS, ARE DISPLAYED PRIOR TO ANY TRANSACTION, ON THE PAYMENT PAGE BEFORE THE ORDER IS VALIDATED AND IN THE GENERAL TERMS AND CONDITIONS OF SALE WHICH YOU MUST ACCEPT BY TICKING THE BOX PROVIDED FOR THIS PURPOSE BEFORE THE ONLINE PAYMENT PROCEDURE.
The current subscription formulas are:
• €9.00 for 1 month
• €36.00 for 1 year
• €48.00 for 2 years
All subscriptions are subject to an automatic renewal model based on the price and duration indicated at the time of the initial subscription.
Prices may vary depending on your geographical location or promotional offers.
Billing and subscription management are handled by Stripe, Inc.
All payments will appear on your statement as AGEVERIF.PLUS.
IF YOU DO NOT WANT YOUR PAID SUBSCRIPTION TO BE RENEWED AUTOMATICALLY, YOU MUST CANCEL IT BY FOLLOWING THE PROCEDURE DESCRIBED BELOW IN THE "CANCELLATION OF SUBSCRIPTION" SECTION.
We reserve the right to modify Our subscription offers or to adjust the prices of Our Services at Our sole discretion. Any price change or modification to Your subscription will be effective after You have been notified by email to the address provided when You created Your account and from the start of the next billing period following the date of the change.
If We are unable to process the payment or if You file a chargeback request to dispute the charges to Your payment method and the chargeback is accepted, We may suspend or terminate Your User account without notice.
We reserve the right to entrust the processing of payments to a third-party service provider who may impose additional conditions. Please consult them before any transaction.
To the extent permitted by law, We are not responsible for any inconvenience or damage caused by the use of the payment method, including delays or inability to make payment. In this case, You must complain about these services to their provider in the manner set out in their terms and conditions.
By accepting these Terms and Conditions of Use, You declare that all payments will be made with funds from a legitimate source.
9. Cross-selling
During the age verification process, You may be offered the opportunity to purchase one or more additional services, with or without a tacitly renewable subscription and with or without a free trial period.
These offers are entirely optional and have no influence on the initial Service if You refuse them.
If You accept the purchase of an additional service, Your purchase will be subject to the Terms and Conditions of Use defined in this document which You must accept before making the purchase.
In the event that this additional service is provided by a third party website, We are not responsible for the services it promotes, the content of communications between You and that third party provider, its terms of use and sale and its privacy policy. We do not control or guarantee the usefulness, merchantability or manufacturing quality of the services offered on third-party websites.
10. Refunds
All transactions made to access Our services are final. You acknowledge that due to the digital nature of the Services provided on a dematerialised medium, payments are non-refundable and that we do not provide refunds for periods of partial use of Our Services or for any unused Content.
However, as part of Our customer satisfaction policy, certain requests for refunds of subscriptions may be considered on a case-by-case basis and granted at Our sole discretion. We want to hear from You if You are dissatisfied with Our Services and invite You to contact Us to discuss any payment issues.
11. Customer service
For the duration of the subscription, a customer service is provided to Users to help them resolve problems related to the use of the AgeVerif.com website and its Services.
Customer service is available by email via our Contact and Support page and responses are given within a maximum of 72 hours, as well as by telephone, excluding weekends and public holidays.
AgeVerif.com has no obligation to provide any other assistance, support, maintenance or other services or to provide assistance by any other method.
12. User conduct
When using the AgeVerif.com Services, You must comply with these Terms and Conditions of Use, all applicable laws, rules and regulations, and any usage guidelines that AgeVerif.com may communicate to You from time to time.
The User undertakes to provide complete, accurate and truthful personal information.
The User undertakes not to use stolen, incorrect or false identification or banking documents.
You may not, including but not limited to:
• duplicate all or part of AgeVerif.com and its Services;
• create derivative works from AgeVerif.com and its Services;
• use or distribute AgeVerif.com and its Services for professional, advertising, promotional or commercial purposes;
• attempt to remove, disable, circumvent or defeat any content protection or access control mechanism designed to prevent unauthorized downloading, stream capturing, incorporation, copying, access to or distribution of AgeVerif.com and its Services;
• access AgeVerif.com and its Services by automated means, including robots, data mining, data collection or data extraction tools;
• transmit any material that could damage AgeVerif.com' computer systems, including, but not limited to, any virus, code, software, data or other files designed to damage the Services or allow unauthorized access thereto, and which could cause a defect, error, malfunction or corruption of the Services;
• use AgeVerif.com and its Services as part of an unsolicited commercial communication campaign (i.e. spam);
• use AgeVerif.com and its Services as part of an unnatural referencing campaign using spam links.
Violation of any of these agreements will result in termination of Your User account, access to the AgeVerif.com Services and may result in legal action.
13. Cancellation of subscription
No subscription comes with a time commitment. You have the right to cancel Your subscription at any time after You have registered.
You can cancel Your subscription via the Stripe website, which manages the billing and subscriptions for the AgeVerif.com website, at the following address: https://billing.stripe.com/p/login/aEUbKr8pUefXdrycMM
If You choose to cancel the subscription after the start of normal billing, the subscription will be cancelled immediately but You will continue to benefit from Your User privileges until the end of the paid period. No refund will be made for the remaining period of the subscription.
The AgeVerif.com website may terminate or suspend Your access immediately, without notice, for any reason, including, but not limited to, if You violate these Terms and Conditions of Use, laws relating to counterfeiting, copyright, trademark and privacy, and for any illegal conduct. Your User privileges will cease immediately and no refund will be made for the remaining subscription period.
Whatever the nature of the cancellation, You will receive an email confirming the cancellation of Your subscription to AgeVerif.com.
If the AgeVerif.com website disappears or ceases to function, all subscriptions (of whatever type) will be cancelled immediately without notice.
CANCELLATION OF YOUR SUBSCRIPTION DOES NOT ENTITLE YOU TO ANY REFUND OF PREVIOUS PAYMENTS.
14. Cancellation of account
The User may delete their AgeVerif.com account at any time. If You decide to delete Your AgeVerif account, You will no longer be able to manage the validation of your majority on different devices. Eventually, You will no longer be able to access websites and/or content prohibited to minors using the AgeVerif.com Services unless You repeat the age verification process.
We may terminate or suspend Your account immediately, without notice, for any reason, including, but not limited to, if You breach these Terms and Conditions of Use. In the event of termination by Us, You will receive an email confirming the termination of Your AgeVerif.com account and Your right to use AgeVerif.com will cease immediately.
Where applicable, We reserve the right to claim damages in any manner available to Us under applicable law.
If the AgeVerif.com website disappears or ceases to function, all User accounts will be cancelled immediately without notice.
CANCELLATION OF YOUR USER ACCOUNT WILL NOT GIVE RISE TO ANY REIMBURSEMENT OF ANY PREVIOUS PAYMENTS YOU MAY HAVE MADE TO OUR THIRD-PARTY PARTNERS WHEN YOUR MAJORITY WAS VERIFIED.
15. Intellectual property
We are the owner or licensee of the content of the AgeVerif.com website, including but not limited to text, images, photos, videos, logos, trademarks and any other elements protected by national and international intellectual property rights.
All other elements, including but not limited to texts, images, photos, videos, logos, trademarks, displayed or mentioned on AgeVerif.com and belonging to third parties are the property of their respective owners and are protected by national and international intellectual property rights.
Any reproduction, publication, distribution, transmission, dissemination, copying, sale, exploitation, in whole or in part, of the various contents is totally prohibited without the prior written consent of the respective owners.
Accordingly, You agree not to disable, circumvent or interfere with any AgeVerif.com security features or features that prevent or restrict You from using or copying the AgeVerif.com Website.
16. Licence
Subject to compliance with these Terms and Conditions of Use, We grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable and terminable license to access AgeVerif.com and its Services. This license terminates when You stop using the AgeVerif.com site and its Services (termination of the User account or the User account) or if You fail to comply with these Terms and Conditions of Use.
Except with Our prior written consent, You may not modify (including, but not limited to), create derivative works from, copy, adapt, reverse engineer, distribute, reproduce, republish, upload, post, transmit, transfer, license, sublicense, sell in any form or by any means, the AgeVerif.com Content and Services, in whole or in part.
17. Limitation of liability
You agree to use the AgeVerif.com website and its Services at Your own risk.
The information on this website has been obtained from sources believed to be reliable, but we cannot guarantee that it is free from defects, errors or omissions. The information is presented for general guidance only and has no contractual value. Despite regular updates, the AgeVerif.com website cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained on this site.
AgeVerif.com is provided for home and private use only. You agree not to use AgeVerif.com for any commercial purpose and understand that AgeVerif.com has no liability to You for any lost profits, business interruption, or lost business opportunity.
We do not warrant, endorse or assume any responsibility for any products or services advertised, hyperlinked websites or advertising content on AgeVerif.com.
We are in no way involved in or responsible for monitoring transactions between You and third party suppliers of products or services. We have no control over third party websites and cannot be held responsible for access to these websites, whether direct or indirect.
18. General provisions
These Terms and Conditions of Use constitute the entire agreement between You and Us with respect to Your access to and use of the AgeVerif.com website and its Services and supersede all prior agreements.
You may not assign, transfer, sell or delegate Your rights or obligations to a third party without Our written consent.
We may freely assign this Agreement or transfer its rights to any third party, including, but not limited to, an affiliate, a purchaser of all or substantially all of Our assets, a successor or in the event of a corporate reorganization, consolidation or merger.
If one or more terms, clauses or provisions of these Terms and Conditions of Use are declared invalid or unenforceable by a competent court or administrative authority, such invalidity shall not affect the validity or enforceability of any other term, clause or provision of these Terms and Conditions of Use and the invalid term, clause or provision shall be deemed severed from this agreement.
19. Settlement of disputes
In the event of a dispute concerning the interpretation or performance of these General Terms and Conditions of Use, You are invited first and foremost to contact Customer Services to try to resolve the dispute amicably.
You can also use the European Commission's online dispute resolution platform at the following address: http://ec.europa.eu/consumers/odr/
20. Jurisdiction
These Terms and Conditions of Use are governed and interpreted in accordance with Portuguese law. If any dispute between You and Us cannot be resolved amicably, the Portuguese courts shall have exclusive jurisdiction.