1. Ownership

Thank you for choosing Verifica. Before accessing our services, kindly review these terms. By using our platform, you signify your agreement to these terms. If you disagree, please refrain from accessing our services.

These terms cover the use of our websites, mobile apps, software kits, and any linked product or service by Verifica. If you use our services on behalf of an entity, you confirm your authority to bind that entity to these terms. We may alter these terms when needed, notifying you via our platform.

2. About Verifica

Verifica LLC, incorporated under Florida, USA laws, is herein referred to as "Verifica." The company offers a Software as a Service solution named "Verifica" (hereafter referred to as "the Platform"). This Platform equips users with the capability to enhance third-party identity verification through features like: i) identity document verification; ii) document optical recognition; iii) public data consultation and validation; and more. Verifica retains the right to modify its services by either adding or removing features, notifying users of any such changes through the Platform. All provided services adhere to the availability standards mentioned in the Terms and Conditions.

3. Agreement Objective

When a user subscribes to any of the Plans offered, accepts these Terms and Conditions, or uses our Services, they willingly enter into a cloud computing agreement in the form of Software as a Service with Verifica. Through this agreement, Verifica grants the user a non-exclusive, temporary, and non-transferable license to use its Platform, enabling them to access the Services. This license is only valid for the duration of the chosen Plan. Once this period expires, the user's access and use of the Platform will cease automatically. Any unauthorized usage post-expiration might lead to compensations payable to Verifica due to copyright infringements related to the Platform.

4. Account Varieties

We provide two account types on our platform:

• Individual Account: For personal or business use during a single session

• Corporate Account: For businesses to manage and allocate platform use among employees.

We'll verify user identities before account setup and whenever a new corporate account user is added.

5. Payment Procedure

Users pay for services upon plan purchase or subscription. Available payment methods will be presented during the transaction. Prices may be updated, and users will be informed of any change.

6. Maintenance Protocol

We're committed to platform upkeep. Occasionally, maintenance will require platform downtime. Planned activities will be communicated 24 hours ahead, but urgent issues might demand immediate attention. Maintenance downtimes don’t count as service disruptions.

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7. Support Mechanisms

Verifica offers support through emails and various electronic channels. We strive for quick and efficient solutions to any issues or inquiries

8. Duration & Termination of the Agreement

This Agreement remains active as long as you maintain an active Verifica account with a Positive Balance.p>

9. Termination reasons

• By Verifica, with a 30-day notice via email

• By the Performing Party if the other Party breaches the Agreement and doesn't rectify within five days. Immediate termination can be applied for fraud, criminal conduct, or financial obligations.

• If an individual is associated with, or becomes part of the Attorney General Office (commonly referred to as Fiscalia in Colombia) or is included in any criminal database, including but not limited to the National Criminal Database, FBI, US Department of Fraud, IDTV UK Government, DEA, Terrorist Watch UN, OFAC, the European Union's list of individuals, groups, and entities linked to terrorism, or the US Department of State's foreign terrorist organizations list, immediate action will be taken

• Immediately upon spotting suspicious or fraudulent activity by Verifica. Termination may follow account suspension without refund.

After termination, users still adhere to their obligations, and Verifica won't be held accountable as per these Terms

8. Service Suspension by Verifica

This Agreement remains active as long as you maintain an active Verifica account with a Positive Balance

8. Service Suspension by Verifica

If a User's actions or neglect pose a risk to the terms outlined here, or if their account does not maintain a Positive Balance, Verifica reserves the right to momentarily halt the Services. Should the issues leading to these concerns be addressed or resolved, Verifica commits to reinstating the Services within a maximum of three (3) business days.

8. User Restrictions & Prohibitions

Users must adhere to:

• Not sharing user licenses

• Not exploiting Verifica's Service commercially.

• Not modifying or reverse-engineering the Platform.

• Not copying Service designs.

• Keeping unauthorized third parties away from the Services.

Violations can lead to service termination by Verifica.

8. Verifica's Responsibilities

Given the type of Service that Verifica provides, it is committed to:

• Granting the User non-exclusive access to the Platform.

• Ensuring the infrastructure is in place for the smooth operation of the Services..

8. Liability & Service Warranty

You acknowledge that the Platform's Services are delivered "as is," signifying that apart from the assurances explicitly mentioned here, no further guarantees, either explicit or implicit, are provided.

Users understand that the Services enable them to verify the identity of their End Users using the Platform's features, which use public information of the End User. Users input this data into the Platform for validation. In this context, Verifica will only address issues if the Platform falls short of the service level agreement. Verifica will not be accountable for any harm or damages that the User or its End Users might encounter due to or linked with the Platform's Service usage.

Furthermore, Users should note that the Services are primarily informational. They shouldn't be seen as definitive judgments about how End Users might act within the User's operational framework. Consequently, it falls upon Users to evaluate the data from the Platform, and Verifica holds no responsibility for decisions made based on this information.

Any information received by the User from Verifica or its agents, beyond these Terms and Conditions, doesn't bind Verifica or guarantee the Services' quality. Should users find issues with the Services from the Platform, their sole option is to terminate their account and refrain from using the Platform, with no entitlement to a refund.

Verifica won't be responsible for indirect damages or losses such as data loss, revenue, or profits linked to the Platform use, misuse of its solution, or due to unethical or illegal activities, unforeseen events, or natural disasters. However, given Verifica's expertise, it will strive to implement robust cybersecurity measures to safeguard User data. Should any liability arise, for any reason, Verifica's accountability will be capped at the total fees paid for the Services in the 12 months leading up to the incident.

8. Service Suspension by Verifica

This Agreement remains active as long as you maintain an active Verifica account with a Positive Balance

Both Verifica and the User pledge to uphold data protection standards, including but not limited to Law 1581 of 2012, Decree 1377 of 2013, and other supplementary regulations, or the prevailing data protection laws of Colombia where Verifica's services are enlisted. Each Party will compensate the other for any penalties or damages incurred due to violations of the aforementioned regulations.

In light of this, by agreeing to these Terms and Conditions, you assure us that you maintain a data processing policy in compliance with Colombian regulations and that all the data you handle is collected either with the explicit consent of the concerned individuals or as per the exceptions stated in Law 1581 of 2012, Decree 1377 of 2013 (compiled in Decree 1074 of 2015), and other associated laws. Consequently, if Verifica requests authorization from an End User, you are mandated to provide it.

You will shield Verifica from any harm, liability, or damages that may arise due to your failure to adhere to the data protection framework.

• Obtain clear and informed consent from the End Users prior to allowing Verifica to process their information.

• Alert Verifica about updates, corrections, consent withdrawals, or data deletion requests

• Incorporate into the consent agreement that Verifica can process the personal data

• Regularly update personal data and promptly inform Verifica of any changes or updates regarding previously shared data

• Correct any inaccurate personal data and inform Verifica accordingly

• Retain evidence of the consent given by End Users for data processing

• Collect personal data ethically, with consent, and in compliance with relevant laws

8. Confidentiality

Verifica and the User mutually agree that any information from either party or third parties received during the execution of this Agreement is deemed confidential. As a result, the recipient of such information commits to not disclose, use, or capitalize on this confidential data, whether for personal gain or for the advantage of any third party. Such confidential details will not be revealed to individuals, organizations, or entities unless expressly permitted by the party supplying it.

However, data aggregated or statistics derived by Verifica from its Users and End Users, which do not disclose individual specifics, are excluded from this confidentiality clause.

Both Verifica and the User recognize that any unauthorized use or exposure of confidential data can inflict harm, and the party responsible for such breach will be liable for damages as per the law.

Neither party can share the other's confidential details with external entities during the Agreement's term and for one (1) year following its conclusion. The exception being End Users' personal data, which must remain confidential for the Agreement's duration and be deleted once the Agreement ends. There are specific scenarios where sharing is permissible:

• If the information is public due to reasons not involving a breach by the involved party

• If there's a legal obligation to disclose. In such cases, the disclosing party must notify the other in writing, allowing them to seek protective measures or ensuring that there are steps taken to maintain the confidentiality of the disclosed data.

• If sharing is necessary to uphold rights or fulfill obligations under this Agreement

8. Governing Law

This Contract falls under Florida State Law.

8. Dispute Resolution

If Verifica and the User have a dispute about this Agreement, they'll try to resolve it directly within 30 days. If not resolved, it'll be under Florida Law jurisdiction.

8. Jurisdiction

All disputes related to these Terms are under Florida law, with Florida courts having exclusive jurisdiction, except for injunction requests.

8. User Eligibility & Registration

The Services are not designed for or directed towards individuals under 16 years of age. If you're below 16, or the legal majority age as per relevant law, you may access the Services only under the oversight of a parent or guardian who consents to these Terms. By accessing the Services, you confirm that you (a) are at least 16 years old; (b) haven't been previously barred from the Services; (c) possess only one Verifica online account; and (d) have the authority to agree to these terms, ensuring no breach of any other agreements you're a part of.

To access specific features or areas of the Services, you might need to create an online account. When setting up an account, you mustn't use a trademarked name without permission from the trademark holder. We hold the right to retrieve account names or take other necessary actions on behalf of any entity or individual with legal rights to a name, including trademark rights.

If you utilize our identity verification services, acknowledge that (a) Verifica or our designated agents will conduct essential searches, including credit record checks, to validate your details; and (b) Verifica can't finalize any identity verification processes unless you supply all mandatory details.

As a user of the Services, you commit to (a) offering accurate, updated, and complete information and allow Verifica to rectify any data deemed inaccurate or incomplete; (b) consistently updating your details; (c) safeguarding your password and bearing all risks of any unauthorized breaches concerning your account and the data shared with Verifica; and (d) immediately informing Verifica of any perceived or actual security vulnerabilities associated with the Services..

8. Copyright & License

Unless specified otherwise on the Services or by Verifica, all elements of the Services, including but not limited to the Verifica logo, designs, text, graphics, images, information, data, software, sound files, other files, and their arrangement (collectively referred to as "Content"), belong exclusively to Verifica or its licensors and are safeguarded by international copyright laws.

You are provided a limited, non-exclusive, non-transferable license to access and utilize the Services and Content. This license is conditioned upon your adherence to these Terms. Your license does not permit (a) any resale or commercial utilization of the Services or its Content; (b) collection or use of product or service listings, images, or descriptions; (c) distributing, publicly performing, or displaying any Content; (d) alterations or derivative creations based on the Services or Content; (e) employing data mining, bots, or similar data collection methods; (f) downloading any part of the Services or Content, barring express permissions; and (g) using the Services or Content beyond their intended use. Any unauthorized actions or usage beyond what's authorized here, especially without Verifica's prior written consent, is strictly forbidden and will result in the termination of this license. Such unauthorized actions could also breach laws, including but not limited to copyright and trademark laws and relevant communication regulations. Unless explicitly declared in these Terms or by Verifica, no aspect of these Terms should be interpreted as granting any rights to intellectual property, whether by implication, estoppel, or otherwise. This granted license can be withdrawn at any moment.

Furthermore, despite any contrary provision in these Terms, the Services and Content might have software elements governed by distinct licensing terms. In such cases, those specific terms dictate the access and usage of those software elements.

The data used by Verificaa.com is available in public. Below are the sources we retrieve our data. Verificaa does not profit or sell the data collected by Public Goverment sources.

• Policia Database: https://antecedentes.policia.gov.co

• Fiscalia: https://www.fiscalia.gov.co/colombia/

• Registraduria: https://wsp.registraduria.gov.co/estado_docs/documento/consultar/

8. Trademark Notice

The Verifica logo, as well as any other names, logos, or slogans associated with Verifica's products or services appearing on the Services, are trademarks owned by Verifica. Unauthorized reproduction, imitation, or use, whether in full or in part, is prohibited without Verifica's or the relevant trademark holder's written consent. Usage of metatags or concealed text containing "Verifica" or any other Verifica-associated names, trademarks, or product or service names is forbidden without our express written approval. Moreover, the distinctive design and appearance of the Services, encompassing page headers, custom visuals, icons, and scripts, represent Verifica's service mark, trademark, and/or trade dress. Any unauthorized reproduction, imitation, or usage of these elements, whether in full or in part, requires our prior written consent. All other trademarks, registered symbols, product titles, or company names cited within the Services belong to their rightful owners. Mentioning or referring to any products, services, processes, or other details by their names, trademarks, manufacturers, suppliers, or otherwise does not imply any endorsement, sponsorship, or recommendation by Verifica.

8. Third-Party Content

Within the Services, Verifica may present content from third parties and may link to external web pages or content from such third parties (referred to as "Third-Party Content"). This is offered as a convenience to users interested in this content. Verifica doesn't have control over, nor does it endorse any Third-Party Content, and it provides no guarantees regarding its accuracy or completeness. By accessing or using such content, you recognize and accept that Verifica isn't accountable for any Third-Party Content and has no obligation to monitor or revise it. Any interactions with or reliance on Third-Party Content is solely at your own discretion and risk.

8. Advertisements & Third-Party Relations

Verifica might showcase third-party advertisements, promotions, or details about or links to third-party products or services on the Services. Any transactions, interactions, or engagements you have with these third parties, including any associated terms or conditions, are strictly between you and the respective third party. Verifica bears no responsibility for any loss or damage you might experience due to these interactions, engagements, or because of the presence of third-party details on the Services.

Though Verifica works hard to ensure our Services are secure, we cannot guarantee that our platforms or servers are free from viruses or other potentially harmful elements. It's advisable to use trusted antivirus software to safeguard against any threats from downloads.

The Services by Verifica are offered "as is". To the fullest extent permissible by law, we exclude all warranties.

Verifica retains the authority to alter any content within the Services and can adjust, pause, or halt the Services or any of its functionalities whenever without prior notice or any obligation to you. Mentioning any products, services, or other information, whether by brand name, trademark, manufacturer, supplier, or otherwise, doesn't signify or imply its endorsement, sponsorship, or recommendation by Verifica, nor any association with them. Some regions may not recognize the exclusion of implicit terms in consumer contracts, so some disclaimers in this section might not be relevant to you..

8. Liability Limit

Under no circumstances will Verifica, its suppliers, distributors, or associated entities be held accountable for any direct, indirect, unique, or subsequent damages, or any other kind of damages, including, but not restricted to, loss of functionality, loss of earnings, or data loss, stemming from any contractual actions, tort (specifically negligence), or any other actions. This includes issues related to the utilization or the inability to use the Services, or the content accessed or contained within the Services. This encompasses damages arising from any user's reliance on information from Verifica, mistakes, oversights, interruptions, deletion of emails or files, system errors, defects, malware, operational delays, transmission issues, or any operational failures. These failures can be due to natural events, communication breakdowns, theft, unauthorized access to, or destruction of Verifica's data or Services.

If the Services are utilized on behalf of a company, that company acknowledges these conditions. The company agrees to protect and indemnify Verifica, its associates, executives, representatives, and staff against any claims, actions, or lawsuits related to the Services' use or any breach of these terms, including any associated liabilities or expenses..

8. Service Changes

Verifica retains the authority to alter or halt, whether for a short-term or indefinitely, the Services or any aspects or segments of them without advance warning. By agreeing to this, you acknowledge that Verifica won't be held accountable for any changes, pauses, or termination of the Services or any segment therein.

8. Termination Rights

Despite the provisions of these Terms, Verifica retains the authority, at its sole discretion and without prior notification, to revoke your permission to use the Services, in whole or in part, and to restrict or prohibit your subsequent access and utilization of the Services or any segment of it