General Conditions Webmasters
Last update: 19/01/2024
1. Introduction
This website AgeVerif.com is owned, hosted and operated by E-Borealis Lda, a company incorporated in Portugal, registered at the Commercial Registry Office of Funchal under the number 510001408, with its registered office at Rua Encosta dos Piornais Nº 4, Portugal. These Terms and Conditions and the documents to which they refer govern the use by its Customers of the Services of the AgeVerif.com website and under which You may use Our online Services, Our website or any other functionality We offer in connection with the Services We provide (collectively, the "Services").
THESE TERMS AND CONDITIONS APPLY ONLY TO CLIENTS USING AGEVERIF SERVICES AND NOT TO AGEVERIF SERVICES OFFERED TO USERS, WHICH ARE GOVERNED BY DIFFERENT TERMS AND CONDITIONS.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY, TOGETHER WITH OUR PRIVACY POLICY, FORM A BINDING AGREEMENT BETWEEN YOU AND AGEVERIF.COM.
2. Acceptation
The Terms and Conditions contained herein apply to all AgeVerif.com Customers. These Terms and Conditions may be modified by E-Borealis Lda at any time, at Our sole discretion, and You agree to be bound by such modifications, changes and/or revisions.
BY ACCESSING OR USING THE SERVICE IN ANY WAY, YOU SIGNIFY YOUR ACCEPTANCE OF THE GENERAL CONDITIONS AND ALL FUTURE AMENDMENTS AND MODIFICATIONS. YOU ALSO AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND TO BE LEGALLY BOUND BY THESE GENERAL CONDITIONS. IF YOU DO NOT AGREE TO THESE GENERAL CONDITIONS AND TO BE BOUND BY THE GENERAL CONDITIONS CONTAINED HEREIN, PLEASE DO NOT USE AGEVERIF.COM.
3. Other applicable terms
Additional terms also apply to the use of AgeVerif.com such as Our Privacy Policy Webmasters which sets out how E-Borealis Lda collects, uses, processes, protects information that You provide to Us and that We collect, as well as the use We make of Cookies.
4. Définitions
The following words and terms with capital letters have the meanings defined in the following General Conditions. The following definitions have the same meaning whether they appear in the singular or plural.
General Conditions: Refers to this document which forms the entire agreement between You and E-Borealis Lda regarding the use of the AgeVerif.com website and its Services.
AgeVerif.com: Also referred to as We, Us, Our, etc. refers to the company E-Borealis Lda which owns the AgeVerif.com website, AgeVerif.com being the commercial brand of the proposed Service.
User: Refers to any person who uses the AgeVerif Services to have their age verified and to certify their majority in order to access websites and/or certain types of content that are prohibited for minors.
Clients: Also called You, Your, etc. refers to companies or individuals using the AgeVerif.com Services to restrict minors' access to 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 General Terms and Conditions.
Extension Module: Refers to the software component provided to Clients to use AgeVerif Services.
Age verification methods: Refers to the various methods made available to the User by AgeVerif.com to have their age verified and to certify that they have reached the age of majority.
Device: Refers to any device that can access the Service such as a computer, mobile phone or digital tablet.
5. Description of Services
Chapter IX (Provisions relating to the protection of minors (Articles 21 to 24)) of French Law No. 2020-936 of July 30, 2020 requires website operators to verify the age of a person wishing to have access to certain websites and / or certain types of content reserved for an adult audience over the age of 18.
The purpose of the AgeVerif.com Services is to provide reliable, anonymous and secure online age verification and validation solutions.
The AgeVerif.com Services are intended for any Internet user wishing to prove that they have reached the age of majority in order to access websites and/or content prohibited to minors.
The AgeVerif.com Services are also intended for companies or individuals wishing to restrict access to their websites and/or certain types of content to minors (hereinafter referred to as Clients).
The AgeVerif.com Services are accessible either on the AgeVerif.com website, or through an embedded module on the third party websites of its Clients.
The AgeVerif.com Services offer different Age Verification Methods
Facial recognition verification:
The User is prompted to use the camera on their Device. The captured image is analysed on the User's Device. The entire facial recognition and age determination process takes place on the User's device.
Verification by ID:
The User is prompted to scan his identity card or passport with the camera of his Device or to provide a scanned copy of his identity card or passport. The capture thus generated is analysed in order to extract information determining the age of the User. The entire process of analysing the identity document is carried out on the User's device.
Bank card verification:
The User is prompted to enter the 16 digits of his/her bank card to determine its validity. No other information is requested, neither the name of the cardholder, the validity date nor the security code and no transaction is carried out. The entire bank card number analysis process is performed on the User's device.
Verification by AgeVerif ticket:
The user must first obtain an AgeVerif ticket from the French partner's tobacco shops. The sale of the ticket is subject to the verification of the user's majority by the tobacconist using a valid ID. The AgeVerif ticket contains a unique code valid for 2 months. The AgeVerif ticket cannot be taken back, exchanged or reimbursed and cannot be the object of any counterpart of any kind, in cash or transfer.
Verification with the GreenBadg application:
GreenBadg is a third-party majority verification solution that allows its users to have their majority verified and validated. Users are invited to scan a QR code or click on a link to launch the GreenBadg application on their phone or digital tablet. The GreenBadg application, with which the User will have previously validated his/her majority, confirms or not the User's majority with AgeVerif. The User's data previously transmitted to GreenBadg to validate his/her majority is not transmitted to AgeVerif.com or to AgeVerif.com Clients sites.
ALL ANALYSIS PROCESSES ARE PERFORMED LIVE ON YOUR DEVICE. NO VERIFICATION DATA YOU SUBMIT IS COLLECTED OR TRANSFERRED BETWEEN YOUR DEVICE AND AGEVERIF.COM OR ITS CLIENTS' SERVERS.
Once the User has verified and validated their age with the AgeVerif.com Services, the result is stored on their device and they can access websites and/or certain types of content using AgeVerif.com as their age verification method without having to repeat the age verification process each time.
The use of AgeVerif.com Services does not require the creation of a personal account. However, AgeVerif.com offers the User the creation of a personal account so that the User can save the result of his age verification and thus be able to attest to his majority more quickly and easily on his various Devices, without having to use one of the Age Verification Methods again, whether on AgeVerif.com or on the websites of its Clients.
Certain age verification methods are only valid in certain countries. Depending on the user's location, the age verification methods listed above may not be available.
All communication between your Device and AgeVerif.com servers uses 256-bit encryption.
You agree that AgeVerif.com may, in its sole discretion, have the right to remove, add and/or edit available Age Verification Methods at any time, for any reason, with or without notice.
The AgeVerif.com Services are free of charge for Users. However, we cannot guarantee that costs will not be charged by third parties, such as a telephone operator for Internet access.
6. Access
To use Our Services you must create a Webmaster account and 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 not be the subject of a legal protection measure for adults (legal protection, 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 his/her age.
While we make reasonable efforts to ensure that the AgeVerif.com Services are available 24 hours a day, this cannot be guaranteed. Access to the AgeVerif.com Services may be suspended temporarily and without further notice in the event of system errors, maintenance or repair work, or for reasons beyond AgeVerif.com's control.
7. Account termination policy
The Client may delete its AgeVerif.com account at any time. If You decide to delete Your AgeVerif account, You will no longer be able to use the AgeVerif Services to verify the age of the Users of your website(s).
We may terminate or suspend Your account immediately, without notice, for any reason, including, but not limited to, if You violate these Terms and Conditions. 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.
THE CANCELLATION OF YOUR USER ACCOUNT CANNOT GIVE RISE TO ANY REIMBURSEMENT OF ANY PREVIOUS PAYMENTS THAT YOU MAY HAVE MADE TO OUR THIRD PARTY PARTNERS AT THE TIME OF VERIFICATION OF YOUR MAJORITY
8. Intellectual property
We are the owner or licensee of all intellectual property rights of AgeVerif.com and the materials published on it, including, but not limited to, text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks. The Service marks and logos contained therein are owned by and/or licensed to E-Borealis Lda, subject to copyright and other intellectual property rights under US, Canadian and foreign laws and international conventions.
All other trademarks, logos, images, product and company names displayed or referred to on AgeVerif.com are the property of their respective owners. Nothing confers on You any license or right to use, modify or delete this material.
The Content on AgeVerif.com is provided to You AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose without the prior written consent of the respective owners.
E-Borealis Lda reserves all rights not expressly granted in and to the AgeVerif.com Website and the Content.
You agree not to disable, circumvent or interfere with any security related features of AgeVerif.com or features that prevent or restrict the use or copying of the AgeVerif.com Website.
9. Licence
Subject to compliance with these Terms and Conditions, E-Borealis Lda grants You a limited, personal, non-exclusive, non-transferable, non-sub licensable and terminable license to access AgeVerif.com and its Services. This license terminates when you stop using the AgeVerif.com Services.
Except with the prior written consent of E-Borealis Lda 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.
10. Conduite de l'Utilisateur
When using the AgeVerif.com Services, You shall comply with all applicable laws, rules and regulations, and any usage guidelines that AgeVerif.com may communicate to You from time to time.
Client agrees to provide AgeVerif with all information necessary for AgeVerif to provide its Services.
The Client undertakes to use the AgeVerif Services in accordance with the recommendations sent to it and not to attempt by any means whatsoever to alter, modify, interrupt or limit the functionality of the Services.
The Client is solely responsible for the content of the Internet sites on which it uses the AgeVerif.com Services and for any damage that may result from its use or display.
You may not access or use AgeVerif.com Services
• for purposes that are illegal, unlawful, harassing, harmful, threatening, torturing, abusive, defamatory, obscene, libellous, invasive of privacy, or that incite racial hatred;
• in a way that violates data protection laws;
• in a way that infringes our intellectual property rights;
• in a manner that encourages, permits or authorises access to age-restricted content by persons who do not meet the legal age requirements;
• to access, index, incorporate or link to the AgeVerif.com Services that is not authorized by E-Borealis Lda (including by removing, disabling, circumventing or overriding any content protection or access control mechanisms designed to prevent the unauthorized downloading, re-posting, incorporation, reproduction, access or distribution of the AgeVerif.com Services);
• to access AgeVerif.com Services by automated means, including "robots", "crawlers" or "offline readers" (other than individual searches on publicly available search engines for the sole purpose of creating publicly available search results, and only to the extent necessary for that purpose);
• to upload, publish, email or otherwise transmit or communicate any material which is unlawful, threatening, abusive, cruel, harmful, propagandistic, invasive of privacy or publicity rights, defamatory, libellous or unlawful;
• to upload, post, email or otherwise transmit or communicate any material that You do not have a right to transmit or communicate under any contractual or fiduciary relationship or that infringes any copyright, trademark, patent or other intellectual property right or moral right of any party, including, but not limited to, AgeVerif.com;
• to upload, post, email or otherwise transmit any material that could damage AgeVerif.com's or any other person's computer systems, including, without limitation, any material that contains a virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service, and which could cause a defect, error, malfunction or corruption in the Service;
• to harm minors in any way, including, but not limited to, transmitting Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• to falsify headers or manipulate identifiers in any other way in order to disguise the origin of any Content transmitted via the Service;
• as part of a commercial communication campaign that has not been requested by the recipients (i.e. spam);
• as part of an unnatural referencing campaign using spam links.
Violation of any of these agreements will result in termination of Your Webmaster account and access to the AgeVerif.com Services.
11. Limitation of Liability
You agree that Your use of the AgeVerif.com website and its Service is at Your own risk.
To the fullest extent permitted by law, AgeVerif.com, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the AgeVerif.com website and Your use thereof.
AgeVerif.com does not warrant or make any representations as to the accuracy or completeness of the Content of this site or the content of any site linked to this site and assumes no responsibility for:
• Any error, mistake or inaccuracy in the content.
• Any personal injury or property damage of any kind resulting from Your access to and use of the AgeVerif.com website.
• Any unauthorized access to or use of Our secure servers and/or any personal and/or financial information stored there.
• Any disruption or interruption in transmission to or from the AgeVerif.com website.
• Any bugs, viruses, Trojan horses or the like that may be transmitted to or through the AgeVerif.com website by a third-party.
• Any errors or omissions in any content or any loss or damage of any kind arising from the use of any content posted, emailed, transmitted or otherwise made available on the AgeVerif.com website.
AgeVerif.com shall have no liability to You for any loss of profit, business interruption or loss of business opportunity.
AgeVerif.com does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or on any hyperlinked website or featured in any banner or other advertisement, and AgeVerif.com shall not be a party to or in any way responsible for monitoring any transaction between You and third-party product or service providers.
As stated above, We have no control over third-party websites and We are not responsible for access to such websites whether by direct access or indirect access via the AgeVerif.com website.
The foregoing limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction.
12. Amendments
We reserve the right to make changes to Our website and the Services We offer in the event of a change in law or policy from the relevant government, regulatory authority or industry body.
We reserve the right to change these General Conditions at any time at Our own discretion by posting an updated version of these General Conditions on this page.
All changes to these General Conditions will be deemed to have been approved if You do not object within 30 days of the revised General Conditions being posted. If You do not agree to such changes, Your sole remedy is to terminate Your User account and cease using AgeVerif.com. If You continue to use Your User account and/or AgeVerif.com after the expiration of the 30-day period despite the modified General Conditions, Your continued use shall be deemed to be binding consent to the changes.
13. General provisions
These General Conditions constitute the entire agreement between You and AgeVerif.com with respect to Your use of this website and supersede all previous agreements relating to Your use of this website.
The User shall not assign, transfer or delegate its rights or obligations under this agreement to any third-party without the prior written consent of AgeVerif.com. For purposes of this agreement, any sale or transfer by the User of all or substantially all of its shares or assets, or by merger or otherwise by operation of law, shall be deemed an assignment, requiring the express written consent of AgeVerif.com. AgeVerif.com may freely assign this agreement or transfer any interest contained herein, including to any affiliate of AgeVerif.com, to a purchaser of all or substantially all of the assets of AgeVerif.com, and to a successor in interest of AgeVerif.com in connection with a corporate reorganization, consolidation or merger. This agreement and each of its provisions shall inure to the benefit of and be binding upon the successors, administrators and permitted assigns of each party.
Neither party shall be liable for any delay or failure in the performance of any part of this agreement to the extent that such delay or failure is caused by fire, flood, explosion, war, act of terrorism, strike, embargo, governmental action or default, an act of civil or military authority, force majeure, inability to obtain transport equipment or facilities, acts or omissions of carriers, power failures, computer failures, or by any other cause beyond its control, whether similar or dissimilar to the foregoing.
In the event that one or more of the terms, clauses or provisions of these General Conditions are found to be invalid or unenforceable by a court of competent jurisdiction or a competent administrative authority, such invalidity shall not affect the validity or enforceability of any other term, clause or provision of these General Conditions and such invalid term, clause or provision shall be deemed to be severed from this agreement.
14. Jurisdiction
These General Conditions shall be governed by and interpreted in accordance with Portuguese law and any dispute arising out of these General Conditions shall be subject to the exclusive jurisdiction of the courts of Portugal.
For any matter relating to the interpretation or execution of these General Conditions, the parties expressly waive the right to submit to any court that may have jurisdiction in the matter, and agree to submit to the exclusive jurisdiction of the courts of Portugal.
If by any law or regulation it is claimed that the competent courts are those of the User, such laws and regulations shall prevail in matters of jurisdiction and venue for any matter relating to the interpretation or execution of the General Conditions.