Terms of use

1. General

1.1 This website and any related subdomains (“Website”) are being operated by Information Tech Group LLC (reg. number: 2111797, address Sharjah Media City, Sharjah, United Arab Emirates) (“Company”, “KYCB”).

1.2 Use of the Website and the Services provided is governed by these Terms and Conditions, along with any notices, disclaimers, or other statements on the site (collectively referred to as “Terms and Conditions”).

1.3 By accessing the website, Users and Operators agree to comply with these terms and conditions. If they do not agree with them, they should stop using the Website and any related Services immediately. Unless explicitly stated otherwise, access to and use of the KYCB Website and/or Services is exclusively subject to these Terms and Conditions. Users and Operators shall not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

1.4 By using the Website, Users and Operators fully accept and agree to all terms, conditions, and disclaimers contained herein.

2. KYCB services

2.1 KYCB provides a technological platform for business and customer verification and verification information management (“Platform”). The functions of the KYCB technological Platform are to facilitate the process of business and customer verification and such functions may change from time to time (“Services”).

2.2 KYCB provides its Services to the entities requiring facilitation of business and customer verification process (“Operators”). Businesses and customers provide the data requested by the Operators for the verification process to KYCB platform (“Users”).

KYCB Services include:

• Platform for creation and management of verification templates with custom forms, pages, and fields.
• Files storage.

The limits for maximum amount of verification templates per amount and file storage may vary depending on the chosen pricing plan/subscription model.

2.3 KYCB does not act as an entity providing verification, liveness and document check subject to Anti-money Laundering and Counter-terrorism Financing regulations and acts only as a technological solution for data storage and management. KYCB provides no risk assessment in regards to the businesses and customers checked on KYCB technological platform and Operators agree that any risk approach based decisions, including risk appetite and risk mitigation are sole responsibility of KYCB Operators.

3. KYCB account

3.1 To start using KYCB Services, an Account has to be registered with KYCB by providing an email address to be linked to the Account and password to login to the Account. (“Account”).

3.2 Registration of the account means full and unconditional acceptance of these Terms and Conditions by the Operator.

3.3 For the payment purposes, certain information may be requested for the Operator to be charged for the Services provided by KYCB.

4. Operator rights and obligations

4.1 Operator has a right to use KYCB platform and Services and all the functions available under the acquired pricing plan/subscription model.

4.2 Operator has a right to contact KYCB support for solving issues with KYCB Services.

4.3 Operator has a right to change its pricing plan/subscription model upon contacting KYCB for further instructions.

4.4 Operator has a right to grant access to the Platform to their employees, officers, contractors and other representatives appointed to use the KYCB Platform and/or Services (‘Authorized Users”).

4.5 Operator is expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Platform and/or Services for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Services and/or Platform, to any other person, commercially exploit or use Services and/or Platform for any unlawful purpose.

4.6 Operator is obliged to handle any Users’ personal data and sensitive information with proper level of security and in accordance to the applicable data protection laws.

4.7 Operator is obliged to pay for the Services in accordance to the agreed pricing plan/subscription model.

5. KYCB rights and obligations

5.1 KYCB has a right to suspend the provision of the Services/Platform access to the Operators in case of their breaches of Terms and Conditions as well as in case of absence of payment for KYCB services.

5.2 KYCB has a right to access the data provided by the Operators and Users solely for the performance of KYCB Services.

5.3 KYCB is obliged to implement and execute reasonable organizational, technical, and administrative measures to protect any personal information and regularly audit KYCB platform for any vulnerabilities.

5.4 KYCB is obliged to comply with the applicable data protection laws and follow the principles set out in KYCB Privacy Policy.

6. Data security

6.1 KYCB encrypts the data using elliptic curve cryptography. Elliptic curve encryption method used by KYCB is a specific selection of elliptic curves that can be designed to provide high-level performance, efficiency and security. It is used to describe the complete secret key between two turns in the Elliptic Curve Diffie-Gellman (ECDH) key exchange process. This renders any data provided to the KYCB platform encrypted and protected and any such data may only be accessed by the owner of specific access token.

6.2 Neither party will sell any personal data shared during using the KYCB Platform and/or Services or retain, use, or disclose it for any commercial purpose other than the Services provision. Each party agrees not to disclose personal data beyond the terms of these Terms and Conditions. Both parties acknowledge and confirm their understanding of their respective obligations under applicable data protection legislation and agree to comply with them.

6.3 The Operator shall restrict access to the Platform exclusively to Authorized Users. Specifically, the Operator must maintain the confidentiality of any security features or credentials related to the Platform and only share them with Authorized Users.

6.4 In case KYCB reveals any violation of data protection clauses of these Terms and Conditions, Privacy Policy or any applicable data protection laws by the Operator, KYCB reserves the right to restrict Operator’s access to the KYCB platform and fully suspend the provision of Services without prior notice.

7. Payments

7.1 For the provision of the Services and use of the Platform, Operator shall pay KYCB the fees specified in the invoices issued by KYCB according to Operators applicable pricing plan/subscription model.

7.2 Fees may be automatically withdrawn from the bank account of the Operator by the 15th day of each month if such payment method has been chosen by the Operator.

7.3 KYCB reserves the right to suspend or limit access to the Services and/or the Platform until all overdue payments under these Terms and Conditions are received in full. Additionally, the KYCB is entitled to claim interest on the overdue amount from the due date until full payment is made, whether before or after judgment. Interest shall accrue at a rate of 0.1% of the overdue amount per day of delay.

8. Intellectual property

8.1 Platform, all related content, including but not limited to text, graphics, logos, images, software, trademarks and technology on this Website, is the property of KYCB and is protected by intellectual property laws. Unauthorized use, reproduction, or distribution of any material is prohibited without explicit written permission from KYCB.

8.2 KYCB grants the Operator/User a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform and/or Services, in accordance with these Terms and Conditions, for the duration of the Term, contingent upon the Operator’s/User’s compliance with these Terms and Conditions.

9. Confidentiality

9.1 For the Purposes of this section, Confidential Information shall mean any information shared by the KYCB with the Operator/User in connection with or in the course of execution of these Terms and Conditions, which is either labeled as confidential or is evidently confidential based on its nature, content, or the context of its disclosure. (“Confidential Information”) This does not include information that:
(a) the Operator/User already lawfully possessed before such disclosure;

(b) was lawfully provided to the Operator/User by a third party with no confidentiality obligation to the KYCB; or

(c) the Operator/User independently developed;

(d) becomes publicly available through no fault of the Operator/User;

(e) the KYCB has approved such disclosure in writing.

9.2 The Operator/User shall:

– keep all Confidential Information strictly confidential and not disclose it to any third party;

– take necessary measures to secure Confidential Information with the same level of care as their own confidential information;

– immediately notify KYCB if any Confidential Information is damaged, lost, or accessed by unauthorized individuals

9.3 The User/Operator is prohibited from:

(a) using Confidential Information to create a competing product or service;

(b) copying, modifying, duplicating, creating derivative works, framing, mirroring, republishing, downloading, displaying, transmitting, or distributing any portion of Confidential Information in any form or medium; or

(c) reverse engineering, decompiling, or disassembling Confidential Information.

9.4 If the Operator/User is legally required to disclose Confidential Information, the Operator/User must promptly notify KYCB to allow them to seek a protective order or other remedy, or to consult on limiting the scope of the disclosure. If no protective order or remedy is obtained, the Operator/User must use commercially reasonable efforts to disclose only the legally required information and ensure it remains confidential.

9.5 Upon written request from the KYCB, the Operator/User must:

(a) destroy or return all documents and materials containing Confidential Information;

(b) erase all Confidential Information from electronic storage; and

(c) certify in writing that these actions have been completed.

9.6 The Operator/User acknowledges that monetary damages would be insufficient for a breach of this section and agrees that the KYCB is entitled to injunctive relief, specific performance, and other equitable remedies for any actual or threatened breach. The Operator’s/User’s liability for a breach of this section is not limited by any liability cap in these Terms and Conditions.

9.7 The obligations in this section shall survive indefinitely, even after the termination of these Terms and Conditions.

10. Disclaimer

10.1 The Website and Services are provided “as is” and on an “as available” basis. KYCB gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, KYCB provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality

10.2 Whilst KYCB uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, KYCB gives no warranty or guarantee in that regard and all Users and Operators take responsibility for their own security, that of their personal details and their computers.

10.3 KYCB takes all reasonable endeavors to keep the Website functional, but accepts no liability for any disruption or non-availability of the Website.

10.4 KYCB reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any Services available with prior notification of the Operators/Users and respective amendment of the pricing plan/subscription model.

10.5 IN NO EVENT SHALL KYCB, ITS OFFICERS, DIRECTORS EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF OPERATOR/USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Term and termination

11.1 Each party shall have the right to terminate these Terms and Conditions by giving to another party written notice 10 days in advance.

11.2 Without derogating from the foregoing, these Terms and Conditions may be terminated and Services provisions suspended immediately on notice by the KYCB if: Operator/User uses, or attempts to use, the Platform/Services in any manner which is illegal, unlawful, or in a way that doesn`t comply with these Terms and Conditions.

11.3 The termination of these Terms and Conditions for any reason shall be without prejudice to any rights or liabilities of any party which have accrued prior to such termination and shall not affect or prejudice any provision of these Terms and Conditions which expressly or by implication comes into effect or continues in effect after termination.

12. Miscellaneous

12.1 These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations.

12.2 KYCB reserves the right to amend these Terms and Conditions without prior notice to the Users and Operators. Operators and Users shall monitor KYCB Website for the most up-to-date version of Terms and Conditions.

12.3 These Terms and Conditions shall be governed by and construed in accordance with the laws of United Arab Emirates. Any disputes arising out of or in connection with these Terms and Conditions shall be resolved through negotiations between KYCB and Users/Operators. If there is no agreement between the parties on the subject of the dispute, the dispute shall be solved by the competent courts of United Arab Emirates.

12.4 Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions is held invalid or unenforceable, the remainder of these Terms and Conditions shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

12.5 Neither party will be held responsible for delays or failures in fulfilling their obligations if such delays or failures are due to circumstances beyond their reasonable control. These circumstances include, but are not limited to, fires, strikes, insurrections, riots, embargoes, supply shortages, license refusals or revocations by civil authorities, natural disasters, floods, network breaches, or breakdowns in any third-party equipment, including computer hardware and software provided by third parties.