Beta Terms & Conditions

Last updated: January 17, 2025

These Terms are entered into with IVERIFI LLC (“IVERIFI”, “We”, “Our” or “Us”). By accessing or using the website, application programming interfaces, software, tools, developer services, data, or documentation made available by IVERIFI (collectively, the “Platform”) You agree to be legally bound by and comply with the following terms (the “Terms”).

Acceptance of Terms

Access or Use. By accessing or using Our Platform You agree to these Terms on behalf of yourself as an individual and, if You are acting on behalf of a person, corporation or other entity, then You agree to these Terms on behalf of that person, corporation, or other entity (in either case, “You”, “Your”). You represent and warrant that You: (1) are at least 18 years old; and (2) have the legal authority and capacity to accept these Terms and to act on behalf of and bind that person, corporation, or other entity to these Terms.
Change or Update. We may change or update these Terms from time to time and will notify You of such changes by any reasonable means, including by posting revised Terms through Our website. Any changes will not apply retroactively and will become effective immediately. The “Last Updated” legend above indicates when these Terms were last changed. Your use of the Platform following any changes to these Terms means You agree to the changes. If You do not agree to this Agreement or any changes, You must stop using the Platform immediately and terminate this Agreement.

Services & Registration.

Provision of Services. IVERIFI agrees to provide the Services as described in any proposal, order form, or agreement executed between You and IVERIFI ("Master Service Agreement").
Modifications. We reserve the right to modify or discontinue the Services at any time. We will notify you of any material changes that may affect your use of the Services.
Registration. You may need to register to use or access all or part of the Platform. During registration, You must comply with Our procedures and provide Us with certain information, such as contact or identification information. Any registration information that You give Us must be accurate and up to date and You will promptly notify Us of any changes.
Contacting You. You agree that We may use Your registration information to contact You in connection with these Terms, including notifications of any updates to the Platform. By submitting registration information to Us, You consent to receiving contact by email, text, or telephone call at the number You provided by Us, an agent, affiliate, or representative thereof. This contact may include communication through an email, autodialer, automatic telephone dialing system, text message, or pre-recorded call. You acknowledge that standard message and data rates may apply. You acknowledge that submitting registration information through the Platform constitutes Your electronic signature and consent to being contacted. By submitting a phone number to Us, for any reason, including, without limitation, to use Our chatbot and Artificial Intelligence, this authorization overrides any previous registrations on a federal or state Do Not Call registry. You must be at least eighteen (18) years old to access or use the Platform. IVERIFI does not knowingly collect personal information from individuals under thirteen (13) years old.
Access Credentials. Once registered, We may issue certain access credentials to access the Platform, such as a username, password, and API key. Your access credentials are for Your personal use only and must be kept confidential. You may not sell, share, transfer, sublicense or otherwise make the access credentials available to others or misrepresent Your credentials when accessing or using the Platform. You are responsible for any use or misuse of Your access credentials.
Platform Submissions. You understand and agree any and all submissions on the Platform by You may be used by Us to train Our Artificial Intelligence technologies which include, without limitation, bots or chatbots, which are not a real person or human and provided by the Platform as a convenience to You. By submitting information to Us, You consent to receiving contact by email, text, or telephone call at the number You provided, either by Us, an agent, affiliate, or representative thereof. This contact may include communication through an email, autodialer, automatic telephone dialing system, text message, or pre-recorded call. You acknowledge that standard message and data rates may apply. You acknowledge that submitting information through the Platform constitutes Your electronic signature and consent to being contacted. By submitting a phone number to Us, for any reason, including, without limitation, to use Our chatbot and Artificial Intelligence, this authorization overrides any previous registrations on a federal or state Do Not Call registry.
Disclaimers. You acknowledge You are under no obligation to retain any Services connected through the Platform. You acknowledge this information does not constitute legal or medical advice and it should not be relied upon as such. Results mentioned within the Platform are not guaranteed and past performance is not an indication of future success.

Using the Platform

License. Subject to Your compliance with these Terms and any applicable Master Services Agreement, IVERIFI grants You a revocable, non-exclusive, non-sublicensable, non-transferable, non-assignable limited license, during the Subscription Term to access and use the Platform for internal business purposes or as otherwise expressly authorized, in writing, by IVERIFI.
Ownership. As between You and IVERIFI, IVERIFI owns all right, title and interest in and to the Platform and any associated intellectual property rights, and has the right to make alterations at any time for any or no reason without bearing responsibility or liability for such actions. Subject to the foregoing, You own all right, title and interest in and to Your properties. Except as expressly provided in these Terms, (i) IVERIFI grants no rights or licenses, whether express or implied, under intellectual property rights, and (ii) neither party shall acquire any right, title or interest, in or to any property of the other under these Terms. All rights and licenses not expressly granted in these Terms are withheld.
Feedback. If You provide IVERIFI with any ideas, proposals, suggestions, or other materials related to the Platform or any of Our technology, data, business, or systems, You hereby grant to IVERIFI and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, fully sublicensable (through multiple tiers), transferable, assignable right and license to reproduce, distribute, share, modify, commercialize, use, and otherwise sell/monetize such ideas, proposals, suggestions, or other materials, and to authorize others to do so, for any and all purposes without any obligation to You.
Support. IVERIFI may provide technical support and services to You in connection with the Platform, including with respect to integration of the Platform with a Third Party Product. IVERIFI, within its sole discretion, may stop providing such support or services to You at any time, for any reason, and without any obligation to You.
Third Party Products. In the event that You use third party products, software, services, or materials (“Third Party Products”) in connection with Your use of the Platform, such use is governed by the applicable third-party terms and conditions for such Third Party Products. IVERIFI is not responsible for any Third Party Products or for Your use of any Third Party Products.
Early Access, Previews, and Private/Public Betas. You may be provided access to all or part of the Platform for early access, preview, or beta testing purposes (“Beta”). Unless marked otherwise, all parts of the Platform shall be considered Beta up and until a separate agreement between You and IVERIFI is approved and executed. Beta is offered for purposes of testing, evaluating, and improving the Platform, may have different privacy, security, or compliance commitments, and may not be error free. Content in Beta may not be secured and may be lost or damaged, and Output generated in Beta may also be subject to third party licenses, including, without limitation, open-source licenses.
Free Tier. If You are using a free tier of the Platform, You may not create more than one account to receive additional benefits under the free tier. We may charge You standard rates for the Platform, or suspend or terminate access to the Platform, if We determine that You are not using the free tier in good faith.
Children. IVERIFI does not knowingly collect, either online or offline, personal information from persons under the age of 13. In order to use or access the Platform, You must be at least 18 years old.
Authorized Users. An Authorized User means employees or agents authorized by You to access and use the Platform on behalf of You. You understand and agree You are responsible for all activities conducted under Your accounts by Your Authorized Users. You understand and agree to ensure all Authorized Users who access the Platform are aware of the Terms and comply with its obligations, restrictions, limitations, and all other terms listed within.
Reliance on Information Posted. You understand and agree all content within the Platform is made available solely for general informational purposes, is generic in nature, is not intended as individual, personalized advice and is not financial, legal, or health advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance on content within the Platform by You, Authorized Users, or any other visitor to the Platform or other services platforms within, or by anyone who may be informed of any of its contents. We shall not be obligated to correct or update the content within the Platform and shall not be liable for omissions, typographical errors, inaccuracies, or out-of-date information which may appear in the Site. Nonetheless, We reserve the right to correct any omissions, typographical errors, inaccuracies, or out-of-date information and to change or update the information on the Platform at any time, with or without notice.
Artificial Intelligence – Risk of Inaccurate Information. We may offer a chatbot, call-in number, and/or phone call to the number You provided using Artificial Intelligence, not a real person or human, as a convenience to You within the Platform. The chatbot and Artificial Intelligence is not a direct communication with Us. Due to limiting factors in today’s technology and the risks associated with new and developing technology, the chatbot and Artificial Intelligence We use within the Platform may provide information and/or responses that is an inaccurate response to Your statements and interactions with the Platform. Based on this information, You agree that We shall not be liable to You or any third party for any chatbot and Artificial Intelligence used within the Platform providing inaccurate information and/or responses to You. Please know that Our chatbot and Artificial Intelligence may communicate with you via SMS (text message). By submitting a phone number to the chatbot and Artificial Intelligence, message and data rates may apply. You understand using Our chatbot or Artificial intelligence is not a requirement to use the Platform. You understand by submitting a phone number to use the chatbot and Artificial Intelligence, this authorization overrides any previous registrations of that phone number on a federal or state Do Not Call registry. At any time, You may email legal@iverifi.ai to opt-out.

Your Requirements, Restrictions, and Obligations. In using Our Platform, You, anyone acting on Your behalf, and any Authorized User:

will use the Platform in compliance with any Applicable Laws, these Terms, any Master Services Agreement, the license granted in Section 3 (a), and any agreements You may have with anyone else (for the avoidance of doubt, You will not use the Platform or allow any Authorized User to use Your applications in tandem with the Platform in a way that violates any Applicable Law, including, without limitation: (i) illegal activities, such as child pornography, gambling, cybercrime, piracy, violating copyright, trademark or other intellectual property laws; (ii) accessing or authorizing anyone to access the Platform from an embargoed country, region, or territory as prohibited by the U.S. government; and (iii) threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating anyone for any reason). “Applicable Laws” means all local, state, federal, and international laws, regulations, and conventions applicable to the use of the Platform;
will use the Platform in a manner that does not infringe, misappropriate or violate any third-party intellectual property or proprietary rights;
will not use the Platform outside the jurisdiction of the United States and access, browse, and/or use the Platform from territories where its contents are illegal, restricted, or prohibited. If You choose to access, browse, and/or use the Platform outside the United States, You do so on Your own initiative and are responsible for compliance with applicable laws, rules, and regulations;
will use the Platform in compliance with any call rate limits or other restrictions that may be established by Us from time to time;
will use the Platform only in the countries, regions or territories currently supported by IVERIFI;
will not reproduce, modify, adapt, translate, create derivative works of, sell, offer to sell, lend, distribute, provide access to or otherwise exploit any portion of the Platform, or attempt to do so, except as expressly authorized in Section 3 (a);
will not reverse engineer, decompile, translate or otherwise attempt to discover the source code of any portion of the Platform, or any of IVERIFI’s underlying components, models, algorithms, and systems;
will not harvest or collect data from the Platform, or IVERIFI’s or its affiliates’ software, algorithms, models or systems;
will not access, browse, or use the Platform to gain information in order to harass, abuse, or harm another person, entity, or any other third party;
will not create any software that functions substantially similarly to any portion of the Platform and use it as a replacement for the platform or provide it to third parties;
You will not use the Platform to develop competing products or services;
will not remove, obscure, or alter any copyright, trademark or other proprietary rights notice appearing on or contained within the Platform;
will not interfere or attempt to interfere with the functionality of the Platform;
will not make improper use of Our support services or submit false reports of abuse or misconduct;
will not harass, annoy, intimidate, disparage, threaten, or otherwise harm any of Our employees or agents engaged in providing any portion of the Platform to You;
will not buy, sell, share or transfer access credentials to or with a third party or allow third parties to access or use the Platform without IVERIFI’s prior written consent;
will not access the Platform through automated or non-human means, whether a bot, script, or otherwise;
will not use the Platform to violate any applicable federal, state, local or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries;
will not introduce any viruses or harmful code into the Platform;
will obtain all necessary consents from end users of Your service pertaining to the collection, processing, and storage of their personal information as required by Applicable Laws;
will not provide, allow access to, distribute or make publicly available any portion of the Platform; and
will not cause a third party to do any of the foregoing without IVERIFI’s prior written consent.

Mobile Disclosures

This Platform sends SMS Notifications, Alerts & Occasional Marketing Communication to customers who have opted in to receive SMS notifications.
You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to support@iverifi.ai.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
For privacy-related inquiries, please refer to our Privacy Policy hyperlinked here.

Confidentiality

Your use of the Platform involves access to confidential, proprietary or trade secret information or materials of IVERIFI (and its affiliates, suppliers, or other third parties) (“Confidential Information”). Confidential Information includes the Platform and other information that IVERIFI or its affiliates consider confidential or would reasonably be considered confidential under the circumstances. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of Your own; (ii) You already possess without any confidentiality obligations when You received it under these Terms; (iii) was or is later rightfully disclosed to You by a third party without any confidentiality obligations; or (iv) You independently developed without using or referencing any Confidential Information.
You will: (a) use the Confidential Information only as expressly permitted by these Terms (and not for the benefit of any third party), and not in any manner or for any purpose other than as expressly permitted in these Terms; (b) not make available to any third party, directly or indirectly, any Confidential Information without IVERIFI’s express prior written consent; and (c) use Confidential Information only as expressly permitted under these Terms. You will be solely responsible and liable for all use and disclosure of Confidential Information by You and Your personnel, end users of Your applications or by or through an application. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if You give reasonable prior written notice to IVERIFI of the disclosure.
Upon any expiration or termination of these Terms, You will immediately delete all copies of Confidential Information in Your possession, custody or control. You acknowledge and agree that Your breach or threatened breach of this section may cause IVERIFI irreparable harm and significant injury, the amount of which may be difficult to estimate and ascertain, thus making inadequate any remedy at law or in damages. Therefore, You agree that IVERIFI is entitled to injunctive relief by any court of competent jurisdiction enjoining any threatened or actual breach of these Terms and for any other relief that such court deems appropriate, in addition to any other remedy or remedies available at law or in equity.

Security

You will ensure that each application integrating Our Service or used by You contains protections that are adequate to keep secure and prevent the interception, loss, destruction, acquisition or damage to any data or information transmitted to or through the application, as well as unauthorized access to or disclosure of any portion of the Platform. If You discover or suspect any security vulnerabilities in connection with You’re applications or the Platform, You will promptly notify IVERIFI. You must establish a written process to respond to any security vulnerabilities in Your applications or Third Party Products integrating within Your applications.
You acknowledge and agree that IVERIFI and its affiliates may (but are not obligated to) monitor any activity in connection with the Platform for the purposes of (i) security, (ii) ensuring the quality of and improving IVERIFI’s systems, products and services, (iii) performing research and development; and (iv) ensuring compliance with these Terms and all applicable laws. You will provide IVERIFI with continuous means to carry out such monitoring at no charge, including reasonable access to Your applications. You will not interfere with such monitoring and IVERIFI may use any technical means to overcome such interference.

Privacy

Compliance with Laws. You must comply with all laws and regulations applicable to Your applications and Your use of the Platform (including the Content). Such laws and regulations include those related to the collection, use and disclosure of personal information (“Privacy Laws”). You must provide Your own user agreement and privacy policy with Your applications that is consistent with IVERIFI’s Privacy Policy, and You must ensure it is prominently located where users download or access Your applications. The user agreement and privacy policy must accurately disclose to users how and what personal information You collect, use and disclose through Your applications.
HIPAA. IVERIFI does not intend, and absent its express written agreement does not permit, use of the Platform by any person that is a “covered entity” or a “business associate” under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”). If You qualify as a “covered entity” or “business associate” under HIPAA or if You become qualified as a “covered entity” or “business associate” under HIPAA, You will promptly notify IVERIFI. IVERIFI, at its sole discretion, may require You to immediately cease using the Platform.

Fees and Payment

Fees. You agree to pay all fees specified in the Master Service Agreement. All payments are due within fourteen (14) days of the invoice date unless otherwise specified.
Late Payments. Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
Taxes. All fees are exclusive of taxes, and you are responsible for any applicable taxes.

Branding.

You will not use IVERIFI’s or any of its affiliates’ trade names, trademarks, service marks and associated logos (“IVERIFI Marks”) without Our prior written consent. Any and all goodwill generated by You in the IVERIFI Marks will inure to the sole benefit of IVERIFI and/or its licensors, as applicable.

Term & Termination

Term. These Terms will begin when You first access, use, or register on the Platform, whichever is earlier, and will remain effective until terminated in accordance with the Master Services Agreement (the “Duration”).
Termination or Suspension by IVERIFI. We have the right to immediately terminate these Terms or suspend (temporarily or permanently), terminate or revoke access to or use of the Platform (including through any application or by any end user of an application), in whole or in part, at any time for any reason, and with or without cause or notice to You.
Termination by You. You may terminate these Terms immediately upon written notice to IVERIFI and discontinuation of all use of the Platform. Written notice must be provided to legal@iverifi.ai to terminate.
Effect of Termination. Upon termination of this Agreement by either You or IVERIFI, or suspension by IVERIFI, any and all licenses You may have with respect to the Platform will immediately and automatically terminate, You will immediately stop using the Platform, and You will delete any Confidential Information in Your possession or control. You will be responsible for any outstanding Fees or Taxes owed.
Survival. To the extent applicable, the following sections will survive and remain in effect after the termination of these Terms: Section 3 (b) (Ownership); Section 3 (c) (Feedback); Section 6 (Confidentiality); Section 7 (Security); Section 8 (Privacy); Section 10 (Branding); Section 11 (Termination); Section 12 (Indemnification); Section 13 (Disclaimers); Section 14 (Limitation of Liability); and Section 15 (Miscellaneous Terms).

Indemnification.

You agree to defend, indemnify, and hold harmless IVERIFI, its affiliates, and each of its respective employees, officers, directors, agents and representatives, from and against all claims, suits, actions, proceedings, damages, losses, liabilities, judgments, penalties, fines, costs, and expenses (including attorneys’ fees) arising from or relating to: (i) Your access to, use of or other activities in connection with the Platform; (ii) Your applications, its use and any transactions conducted or data or information transmitted through it or the Platform by You, Authorized Users, or Your end users; (iii) Your breach of these Terms; or (iv) Your actual or alleged infringement, misappropriation or violation of IVERIFI’s, its affiliate’s or any third party’s intellectual property or proprietary rights.

Disclaimers.

THE PLATFORM IS PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IVERIFI AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS AND SUPPLIERS (THE “IVERIFI PARTIES”) MAKE NO WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS INCLUDING THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NONE OF THE IVERIFI PARTIES PROVIDE ANY WARRANTY THAT THE PLATFORM WILL BE FREE FROM ERRORS OR INTERRUPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG SUCH WARRANTIES LAST, SO THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. THE PLATFORM IS NOT INTENDED TO PROVIDE ANY EMERGENCY, MISSION CRITICAL OR SAFETY RELATED FUNCTIONALITY AND YOU SHALL NOT USE THE PLATFORM IN THAT MANNER. IVERIFI DOES NOT GUARANTEE ANY RESULTS OR THE ACCURACY OF ANY RESULTS THAT YOU MAY OBTAIN FROM THE PLATFORM.

Limitation of Liability.

NONE OF THE IVERIFI PARTIES WILL BE LIABLE TO YOU OR YOUR END USERS UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR (B) LOSS OF PROFITS, REVENUES, DATA, CUSTOMERS, OPPORTUNITIES, BUSINESS, ANTICIPATED SAVINGS OR GOODWILL, OR (C) UNAVAILABILITY OF THE PLATFORM. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT SUCH DISCLAIMERS ARE PROHIBITED BY APPLICABLE LAW. THE AGGREGATE LIABILITY OF THE IVERIFI PARTIES UNDER OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00 USD). NOTHING IN THESE TERMS EXCLUDES OR LIMITS A PARTY’S LIABILITY TO THE OTHER PARTY FOR: (A) DEATH OR BODILY INJURY DIRECTLY CAUSED BY A PARTY’S GROSS NEGLIGENCE; OR (B) FRAUD OR WILLFUL MISCONDUCT.

Miscellaneous Terms

Relationship of the Parties. These Terms do not create a partnership or joint venture between You and IVERIFI. You and IVERIFI are independent parties for all purposes relating to these Terms. You do not have the power to bind IVERIFI or give any person or entity any rights that IVERIFI has not previously authorized in writing.
No Third-Party Beneficiaries. These Terms do not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.
Assignment. You may not assign or transfer these Terms or Your rights or obligations under them, including in connection with a merger, acquisition, or change of control, without the prior consent of IVERIFI. Subject to the foregoing, these Terms shall inure to the benefit of, each of the parties’ permitted assignees and successors and is binding on the parties and their permitted successors and assignees. Any attempted assignment other than in accordance with this section shall be null and void. IVERIFI may freely assign these Terms or any and all of its rights and obligations under it without notice to You.
Export Control. You will comply fully with all relevant export laws and regulations of the United States and any other country (“Export Laws”) where You use any portion of the Platform or any other subject matter made available to You by IVERIFI. You certify that You are not on any of the relevant U.S. government lists of prohibited persons, including the Treasury Department’s List of Specially Designated Nationals and the Commerce Department’s List of Denied Persons or Entity List. You further certify that You will not export, re-export, ship, transfer or otherwise use the Platform or any other subject matter made available to You by IVERIFI in any country subject to an embargo or other sanction by the United States and that You will not use the Platform or any other subject matter made available to You by IVERIFI for any purpose prohibited by the Export Laws. In addition, You agree to control, screen or limit (i) the regions from which Your end users may access or use any of Your applications, and (ii) the persons or organizations who are Your end users, in either case, in order to comply with all applicable Export Laws. IVERIFI is not responsible for and does not have the means to know Your end users.
Waiver. If IVERIFI fails to enforce or exercise any provision of these Terms, IVERIFI does not waive any of its rights under such provision. IVERIFI waives such rights only if it specifies so in writing and signed by IVERIFI.
Severability. If and to the extent any provision of these Terms or portion thereof is held invalid or unenforceable under applicable law, (i) such provision or portion thereof will be deemed modified to the extent reasonably necessary to conform to applicable law but to give maximum effect to the intent of the parties set forth in these Terms, (ii) such provision or portion thereof will be ineffective only as to the jurisdiction in which it is held unenforceable without affecting enforceability in any other jurisdiction, and (iii) the remaining portion of the provision and all other provisions of these Terms shall remain in full force and effect.
Remedies. If You breach any provision in these Terms, it may cause irreparable harm to IVERIFI and its affiliates. You agree that, if You breach these Terms, IVERIFI has the right to seek injunctive relief against You in addition to any other legal remedies IVERIFI may have.
Dispute Resolution. In the event of a dispute, claim, or controversy (“Dispute”) raising Our of or related to these Terms or any aspect of the relationship between You and IVERIFI, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, then either party may commence binding arbitration before a neutral arbitrator, and You agree that IVERIFI and You are each waiving the right to trial by jury (unless the Dispute qualifies for small claims court). Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this dispute resolution provision or any portion of this dispute resolution provision. All such matters will be decided by an arbitrator and not by a court or judge.

The arbitration rules specified in this subsection are referred to in as the “Rules.”

Regardless of Your principal place of business, meaning whether or not it is in the United States or elsewhere, the arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures.

You or IVERIFI may commence the arbitration process called for by these Terms by filing a written demand for arbitration with the applicable arbitration organization and delivering a copy of such demand to the other in accordance with these Terms’ notice provisions.
If the Dispute is for an amount less than $100,000 USD, the arbitration will be heard in front of a single arbitrator, and if the Dispute is for an amount of $100,000 USD or more, then the Dispute shall be heard by a panel of three (3) arbitrators. If the Dispute is to be heard in front of a single arbitrator, then the parties shall attempt to mutually agree on the identity of the arbitrator, or if no such agreement can be reached within thirty (30) days of the commencement of the arbitration proceedings, the applicable arbitration organization shall appoint such arbitrator in accordance with the Rules. If the Dispute is to be heard in front of a panel of three (3) arbitrators, each party shall nominate one arbitrator from a list of arbitrators provided by the applicable arbitration organization, and the two party-nominated arbitrators shall select the third arbitrator who will serve as chairman. Each party shall bear its own cost of prosecuting or defending the arbitration (excluding any attorneys’ or other professional fees) and the parties shall equally split the arbitrators’ fees and the applicable arbitration organization’s administrative costs, regardless provisions of this section and judgment upon the award rendered by the arbitrator may be enforced by any court of competent jurisdiction. The arbitrator(s) shall render its decision as soon as reasonably possible after its appointment and must follow these Terms.

Class Waiver. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION, CONSOLIDATED OR REPRESENTATIVE ACTION AND THE PARTIES ARE WAIVING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS TO COURT RATHER THAN ARBITRATION, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
Governing Law; Venue. These Terms will be governed by and interpreted according to the laws of the State of Connecticut without regard to the State’s conflicts of law rules that would result in the application of the laws of another jurisdiction. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods and/or its implementation and/or successor legislation and/or regulations, the application of which is expressly excluded. Except as provided in Section 15 (h) (Dispute Resolution), any legal suit, action or proceeding arising out of or relating to these Terms will be commenced in a federal or state court in New Haven, Connecticut, and each party submits to the exclusive jurisdiction and venue of any such court in any such suit, action, or proceeding.
Notices. You agree that IVERIFI may contact You by any reasonable means, including via the contact information You have provided in any of Your submissions to Us, whether by e-mail or by notifications through IVERIFI’s websites. Notices to IVERIFI will be in writing and delivered by registered or certified mail to the following address: 1317 Edgewater Drive, #2200 Orlando, FL 32804. You are responsible for ensuring that the email address and contact information in Your account is accurate and current. Notices sent via email will be effective when sent regardless of whether actually received.
Construction. As used in these Terms: (i) the terms “include” and “including” are meant to be inclusive and shall be deemed to mean “include without limitation” or “including without limitation,” (ii) the word “or” is disjunctive, but not necessarily exclusive, (iii) words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa, (iv) references to “dollars” or “$” shall be to United States dollars unless otherwise specified herein, (v) any pronoun shall apply to all genders, (vi) references to “sale,” “sold,” “seller” and other forms of those words in connection with products includes other forms in which the products may be transferred or put into commercial use (whether not specified), and (vii) unless otherwise specified, all references to days, months or years shall be deemed to be preceded by the word “calendar.” The headings of these Terms are intended solely for convenience of reference and shall be given no effect in the interpretation or construction of these Terms.
Entire Agreement. These Terms constitute the full and entire understanding between You and IVERIFI with respect to the subject matter hereof. These Terms supersede any prior or contemporaneous understandings, discussions, agreements or communications between You and IVERIFI or its affiliates with respect to the subject matter of these Terms. These Terms may only be changed as expressly provided herein.