Terms of Use – TRUSTDOCK – eKYC Solutions for Identity Verifications

Chapter 1 General Provisions

Article 1 (Purpose and General Provisions)

These Terms of Use (the “TERMS OF USE”) set forth conditions regarding the rights and obligations between TRUSTDOCK PTE. LTD. in any jurisdiction (the “Company”) and the Users (to be defined in Article 2) relating to the User’s use of the Services (to be defined in Article 2).
Chapter 1 (General Provisions), Chapter 2 (Identity Verification Support Services) and Chapter 4 (General Rules) of these TERMS OF USE will apply to the Users using the Identity Verification Support Services of the Services, and Chapter 1 (General Provisions), Chapter 3 (Retention and Use Services) and Chapter 4 (General Rules) will apply to the Users using the Retention and Use Services.
Before using the Services, the Users shall agree to these TERMS OF USE. If the Users do not agree to all or part of these TERMS OF USE, the Users may not use the Services.
If the Users are under 20 years old, before agreeing on these TERMS OF USE, the Users must obtain express consent to use the Services and enter into the Service Agreement with the Company from the Users’ parents or guardians who have the authority to give such consent in accordance with applicable laws. The Users shall not use the Services without such prior consent. Upon agreed on these TERMS OF USE, the Users are deemed to have obtained necessary consent from a person having such authority.

Article 2 (Definition)

Definitions of the terms in the TERMS OF USE are as follows:

TERMS OF USE	These Terms of Use and individual provisions and additional provisions which the Company provides and shows to the Users in the Services.
App	Digital ID App “TRUSTDOCK” (including the new App’s name, in case there is a change of the App’s name.) developed by the Company and provided to the Users through App Store or Google Play.
Services	Services the Company manages and provides to the Users through the App and related services, including the Identity Verification Support Services and the Retention and Use Services.
Identity Verification Support Services	The Company’s services of supporting the Users in providing to Outsourcers Identification Documents and other necessary information when the Users use the services of the Outsourcers.
Retention and Use Services	The Company’s services of retaining information registered in advance to the App by the Users, and the Company’s services of enabling the registered information to be provided to the Company’s partners at the time of identity verification when the Users use the services of the partners. Whenever the Company provides the registered information to the partners, the Company will obtain the Users’ consent for it.
Users	All the persons who agreed to the TERMS OF USE and has concluded the Service Agreement with the Company pursuant to these TERMS OF USE.
Applicants	All the persons who wish to use the Services.
Service Agreement	The service agreement to be concluded between the Company and the Users for the use of the Services pursuant to these TERMS OF USE.
Personal Information	Information relating to a natural person, which is identified or identifiable, whether directly or indirectly, but excluding information of deceased natural persons as set forth in Section 6 of Thailand Personal Data Protection Act B.E. 2562 (2019).
Environment Information	IP address of the Users, and information on the environment for usage of the Services which can be obtained from a browser or an app used for the Services.
Registered Information	A general term for Personal Information of the Users, Identification Documents, contents thereof, and other information registered by the Users in the Services.
Outsourcers	Companies who provide the services, including opening an account, of which the Users intend to use, and companies who outsource tasks related to identity verification to the Company.
Partners	Companies who provide the services of which the Users intend to use and with whom the Company forms partnership in identity verification.
Identity Verification	Identity verification by way of using Identification Documents of the Users, receiving image data of the Users’ appearance, and implementing other measures designated by the Outsourcers and the Company to verify identity of the Users.
Identification Documents	Various identification documents which the Users receive from public or government organizations, etc. or which are in the possession of the Users, provided that such documents are regarded usable for identity verification by law, or the Outsourcer, or the Partners and the Company.
Applicable Laws	Any application statue, Act, rule, regulation, ordinance, order, directive, code, interpretation, judgment, decree, injunction, determination, permit, license, authorization, requirement or decision of or by government authorities in Applicable Jurisdiction
Applicable Jurisdiction	Any jurisdiction where the Company and the Users reside or in the case where the Company and the Users do not reside in the same jurisdiction, the jurisdiction where the Company is located.

Article 3 (Coverage)

The TERMS OF USE will apply to the Company and the Users regarding the use of the App and the Services.
If the Company posts individual provisions or additional provisions on the App or the Services, such provisions shall constitute a part of these TERMS OF USE, and such provisions will prevail and control to the extent that they are in conflict with the TERMS OF USE.

Article 4 (License for the App Use)

The Company grants the Users a non-exclusive, non-transferable, and non-sublicensable license for downloading the App to the Users’ devices such as Smartphone and for using the App under the terms and conditions stipulated in the TERMS OF USE.

Article 5 (Scope of the App Use)

The Users may use the App only for the purpose of Identity Verification when using the services of the Outsourcers or the Partners and shall not use the App for other purposes such as its sale, distribution, research, and development.
The Users shall use the App and the Services in the same status as they are provided.
The Users shall not reproduce, analyze, correct, change, alter or make an adaptation of all or part of the App and the Services.

Article 6 (Licensed Term of the App Use)

The licensed term for using the App commences when the Applicants obtain the App by completing its installation through App Store or Google Play. However, their completion of such installation does not mean that the Service Agreement is concluded between the Company and the Applicants.
The licensed term for using the App continues until the Users uninstall the App or the Company terminates the Service Agreement.

Chapter 2 Identity Verification Support Services

Article 7 (Commencement Procedures for Identity Verification Support Services)

The Applicants who wish to use the Identity Verification Support Services should agree to the TERMS OF USE as stipulated in Article 1 and apply for the commencement of the use in accordance with the guidance on the App. If an Applicant does not agree to the TERMS OF USE, such Applicant may not use the Identity Verification Support Services. The Service Agreement in relation to the use of the Identity Verification Support Services will be concluded between the Company and the Users at the time when the Company approves such application.
The Company may refuse applications for the commencement of the use of the Identity Verification Support Services if the Applicants fall under any one of the following items. Even after approving the commencement of the use, the Company may terminate the Service Agreement if the Applicants fall under any one of the following items; the Users acknowledge and agree in advance that these are considered as material breach of the Service Agreement:
1. if the Users provide false information (ex. using other person’s name or fictitious name, or falsifying facts) in applying for the commencement of the use, intentionally or gross-negligently;
2. if the Users apply for the commencement of the use by ways other than the way designated by the Company;
3. if the Users violated these TERMS OF USE or other conditions stipulated by the Company in the past and as a result the Service Agreement was terminated by the Company;
4. if the Users are found to be gangs, gang members, quasi-member of a gang, corporate racketeer, blackmailers camouflaged as social movement activists, special intelligent violent groups, or any other anti-social forces equivalent to these (“Anti-Social Forces”);
5. if the Company finds out that the Users use Services in violation of any applicable laws or regulations in any jurisdiction; or
6. if the Company finds it inappropriate to continue the Service Agreement.

Article 8 (Use of Identity Verification Support Services)

When the Users use the Identity Verification Support Services, the Company shall notify the Users of the name of the Outsourcers, information to be provided, and matters to keep in mind and obtain the consent of the Users before and whenever the Company uses Identification Documents for such services as sending Identification Documents of the Users and image information of their appearance.
When using the Identity Verification Support Services, the Users shall agree to and abide by terms and conditions separately stipulated by the Outsourcers that are applicable to the use of their services.
Regarding the result of Identity Verification by the Outsourcers, the Users shall check it with the Outsourcers and may not check it with the Company.
The Users hereby acknowledge and agree that when requested by the Outsourcers, the Company shall delete data of Identification Documents which was used for Identity Verification services stipulated in paragraph 1 and are retained in the server of the Services.

Chapter 3 Retention and Use Services

Article 9 (Commencement Procedures for Retention and Use Services)

The Applicants who wish to use the Retention and Use Services shall agree to the TERMS OF USE as stipulated in Article 1 and apply for the commencement of the use in accordance with the guidance on the App. If an Applicant does not agree to the TERMS OF USE, such Applicant may not use the Identity Verification Support Services.
As to the commencement of use of the Retention and Use Services, the Company may decide whether to approve such use or not upon the receipt of the application in the preceding paragraph. The Service Agreement in relation to the use of the Retention and Use Services will be concluded between the Company and the Users at the time when the Company approves such application.
The Company may refuse applications for the commencement of the use if the Applicants fall under any one of the following items. Even after approving the commencement of the use, the Company may terminate the Service Agreement if the Applicants fall under any one of the following items; the Users acknowledge and agree in advance that these are considered as material breach of the Service Agreement:
1. if the Users provide false information (ex. using other person’s name or fictitious name, or falsifying facts) in applying for the commencement of the use, intentionally or gross-negligently;
2. if the Users apply for the commencement of the use by ways other than the way designated by the Company;
3. if the Users violated these TERMS OF USE, other conditions stipulated by the Company in the past and as a result the Service Agreement was terminated by the Company;
4. if the Users are found to be Anti-Social Forces; or
5. if the Company finds it inappropriate to continue the Service Agreement.

Article 10 (Use of Retention and Use Services)

When the Users use the Retention and Use Services, the Company shall notify the Users of the name of the Outsourcers, information to be provided, and matters to keep in mind and obtain the consent of the Users before and whenever the Company provides the Registered Information to the Partners.
When using the Retention and Use Services, the Users shall agree to and abide by terms and conditions separately stipulated by the Partners that are applicable to the use of their services.

Chapter 4 General Rules

Article 11 (Termination of the Services)

The Users may terminate the Service Agreement by uninstalling the App. Such a termination will be immediately effective, thereby making the Services no longer available to the Users and enabling the Company to delete any or all of information including the Registered Information.
In the case of the preceding paragraph, the Company will not be liable for any damage incurred by the Users or a third party due to the termination.
The Company may continue to retain the whole or a part of data provided for Identity Verification by the Users who have terminated the Service Agreement so that the Company and the Outsourcers or the Partners is able to abide by the retention obligations in accordance with laws and regulations. In such a case, the retained data will not be provided to any new third party.
If the Users wish to use the Services again after the termination, they need to implement the procedures for the recommencement of the use of the Services. The Users agree and accept that the data retained by the Company before the termination will not be available even if the Users recommence the use of the Services.

Article 12 (Obligations of the Users)

The Users shall voluntarily provide the Company with the Registered Information on their own responsibilities. If there arises any change to the Registered Information, the Users using the Retention and Use Services shall promptly notify the Company of it.
If the Services are used with the Registered Information, the Company may regard such use as the use by the Users who implemented the procedures for the commencement of the use, and the Users shall be responsible for any consequences of such use.
If the Registered Information is unlawfully used and the Company or a third party incurs damage due to such use, the Users shall compensate the Company and the third party for such damage.
The Users shall keep the Registered Information updated on their own responsibilities in accordance with paragraph 1, and the Company will not be liable for any disadvantage or damage incurred by the Users due to the Registered Information being inaccurate or false.
If it is found that the Registered Information is being fraudulently used or used by an unauthorized third party, the Users shall immediately notify the Company of it and follow the instructions of the Company.

Article 13 (Handling of Personal Information)

In using the Services, the Users agree that the Users provide the Company with Personal Information designated by the Company.

The Company handles any Personal Information, Registered Information and other information which is provided by the Users or we collect upon the use of the Services by the Users in accordance with the provisions of the Privacy Policy separately established by the Company; the Users hereby agree to such handling of the Personal Information, Registered Information, and other information.

Article 14 (Prohibition)

The Company prohibits the Users from conducting the following acts regarding the use of the Services. If the Company finds that the Users breach this prohibition, the Company may suspend the whole or a part of the use of the Services by the Users, terminate the Service Agreement, or any other measures deemed necessary by the Company. The Users acknowledge and agree in advance that the following acts are considered as material breach of the Service Agreement.
1. Acts in breach of these TERMS OF USE
2. To use another person’s name or fictitious name, or falsifying facts
3. Acts of transferring, selling, pledging the App, or letting a third party use the App
4. To violate intellectual property rights of the Company or a third party
5. To defame, damage the credibility of, or unjustly discriminate, libel or slander the Company or a third party
6. Acts to infringe or threaten to infringe upon properties of the Company or a third party
7. Acts to inflict any economic damage to the Company or a third party
8. Threatening acts against the Company or a third party
9. Acts against the public policy
10. To grant benefits to Anti-Social Forces, etc.
11. Acts to use or induce the use of computer virus or harmful programs
12. To put excessive stress on the infrastructure for the Services
13. To attack the server or system for the Services
14. To try to access the Services by means other than the interface provided by the Company
15. To apply again for the commencement of the use of the Services when the Service Agreement has been already concluded and is valid
16. Other acts deemed to be inappropriate by the Company
In addition to the case of the preceding paragraph, the Company may suspend, at its sole discretion, the whole or a part of the use of the Services by the Users in any one of the following cases:
1. if it is judged that the suspension is necessary for operating, maintaining, and managing the Services;
2. if the Company finds the Users are minor or persons under guardianship or curatorship and use the Services without the consent of adult guardian or curator;
3. if decisions for the commencement of guardianship or curatorship are made for the Users;
4. if the Company deems that there exist other grounds equivalent to the preceding items.
If the Company suspends the use of the Services by the Users in accordance with the preceding paragraph and demands that the Users cure the grounds for the suspension, the Company may terminate the Service Agreement and delete the information related to the Users by notifying the Users in a manner designated by the Company, provided that such grounds are not cured within the period determine by the Company.
If the Users have made multiple user registrations and the use of the Services is suspended or terminated regarding one of the registrations in accordance with paragraph 1, the Company may immediately suspend the use and terminate the Service Agreement regarding all the registrations of the Services which the Company deems to be of the said Users.
Even if the use of the Services is suspended and terminated, the Users will not be relieved from obligation to make the payment for the Services arising in relation to the Services before the termination.
Even after the termination of the Service Agreement, the Users shall implement all the obligations (including, but not limited to, obligations to compensate for damages) arising out of or in connection with the Users’ acts to the Outsourcers and the Partners during the term of the Services.
The Company will not be liable for the damage incurred by the Users or a third party due to the termination and attendant acts in accordance with this Article.

Article 15 (Disclaimer)

The Company will not be liable for any damage caused by modifying, suspending, or terminating, the provision of the App or the Services.
The Company will not be involved with or responsible for the Users’ operating environment for the App or the Services.
The Company gives no guarantee whatsoever that the App or the Services are suitable for the specific purposes of the Users, have the expected function, product value, precision or usefulness, or will not cause any problems in the course of the use of the Services by the Users.
The Company does not guarantee that the App and the Services are compatible with any devices, and the Users acknowledge and accept in advance that there is a possibility that the App or the Services will undergo the problems for operation or use due to the upgrade, etc. of OS of the devices used for the App or the Services. The Company does not guarantee that such problems would be solved by the Company correcting the programs.
The Users acknowledge and accept in advance that there is a possibility that a part or all of the App or the Services cannot be used if the Users do not allow the use of the functions on the Users’ devices (including the use of camera, push notifications, and biometric authentication functions).
The Users acknowledge and accept in advance that there is a possibility that a part or all of the use of the App or the Services will be limited due to the change of the terms of use, the operation policy, and others of App Store or Google Play.
The Company will not be liable for the direct or indirect damage to the Users due to their use of the Services.
The Company will not be liable for the loss of opportunity, the interruption of business or any other damage (including, but not limited to, indirect damage and loss of benefits) on the Users or a third party (including, but not limited to, the Outsourcers and the Partners; the same will hereinafter apply in this Article) even if the Company is notified of a possibility of such damage in advance.
The Services are to support the Users in providing information necessary for Identity Verification, and the services of the Outsourcers and the Partners are provided directly to the Users by the Outsourcers and the Partners. The Company will not be responsible for any dispute or troubles between the Users and a third party. Such troubles must be solved between the Users and a third party on their own responsibilities and they shall not make any claims to the Company, unless such dispute or troubles arise from out of the Company’s breach or default of the Service Agreement.
If any dispute arises between the Users and a third party, the Users shall promptly notify the Company of details of the dispute and resolve such dispute at the Users’ own cost and responsibility, pay the damages for it or solve such dispute at their own expenses and responsibilities and shall hold the Company harmless.
If a third party makes claims of damages, etc. against the Company on the grounds of the Users’ acts, the Users shall solve such claims at their own expenses (including, but not limited to, attorney fees) and responsibilities. If the Company deals with such claims by itself, the Users shall compensate the Company for any damages, losses, and expenses incurred by the Company due to such claims.
If the Users inflict damage upon the Company in connection with the use of the Services, the Users shall compensate the Company for the damages (including, but not limited to, legal fees and attorney fees) at their own expenses and responsibilities.
The provisions of the exemption or restriction of the Company’s responsibilities set forth in this Article will not apply if the losses or damages arise out of the Company’s breach or default of the Service Agreement.
The Company is not required to back up information or data provided by the Users; the Users shall back up all the information or data at their own responsibility.

Article 16 (No Assignment)

The Users shall not assign any part or all of the status or the rights or obligations under the TERMS OF USE to a third party.
The Company may assign any part or all of the business of the Services to a third party at its discretion, and the Users agree and accept in advance that in such case, all the rights of the Users concerning the Services (including the Users’ account) will be transferred to the third party to the extent of the assigned rights.

Article 17 (Exclusion of Anti-Social Forces)

The Company prohibits Anti-Social Forces from using the App and the Services. If the Company deems that the Users fall under the Anti-Social Forces, the Company may suspend the Services and terminate the Service Agreement without prior notification to the Users. The Company will not be liable for the damage or disadvantage to the Users caused by the suspension or termination pursuant to this Article.

Article 18 (Amendment of TERMS OF USE)

The Company may, at its sole discretion, amend the TERMS OF USE in the following cases:
1. if the amendment to the TERMS OF USE conforms to the general interest of the Users
2. if the amendment to the TERMS OF USE does not run afoul of the purpose of the Service Agreement, and it is reasonable in light of the circumstances concerning the amendment such as the necessity of the amendment, the appropriateness of the details of the amended conditions.
In amending the TERMS OF USE in accordance with the preceding paragraph, the Company shall post the intention to amend the TERMS OF USE, the details of the amended TERMS OF USE, and the time when the amendment takes place on the Company’s website (URL：https://global.trustdock.io/terms-of-use/) or make them known to the Users by fourteen (14) days before such time.
If the Users continue to use the Services after the time when the amendment takes place, the Users shall be deemed to have agreed to the amendment of the TERMS OF USE.

Article 19 (Modification and Discontinuation of the Services)

The Company reserves the right to modify, amend, or add whole or a part of the contents of the Services or feature of the App at any time, without any prior notice to the Users.
The Company may, without any prior notice to the Users, temporarily discontinue to provide the Services, in whole or in part, if any of the following events occur:
1. regular or urgent maintenance or repair of the hardware, software, communication equipment, or other related equipment or systems regarding the Services that is deemed necessary by the Company;
2. system overload due to excessive access or other unexpected factors;
3. system security or other issue that needs to be dealt with;
4. telecommunications carriers do not provide their services;
5. it becomes difficult to provide the Services due to Force Majeure as defined in Article20;
6. the Company are required to discontinue to provide the Services by Applicable Laws;
7. any other events similar to any of the preceding items.
The Company reserves the right to cease to provide the Services at its sole discretion. In the event the Company discontinues the whole of the Services, the Company will notify the Users of it [3] months in advance in a manner deemed appropriate by the Company, except for emergency cases.

Article 20 (Force Majeure)

We are not liable for any delay or failure in the performance of any obligation under the Service Agreement in the event that such delay or failure is caused by force majeure (“Force Majeure”), including but not limited to, acts of God, war, threat of war, warlike conditions, hostilities, mobilization for war, blockade, embargo, detention, revolution, riot, port congestion, looting, strike, lockout, plague or other epidemic, fire, typhoon, earthquake, flood or accident, or acts of governmental or quasi-governmental authorities or any political subdivision or department or agency thereof not due to the Company’s fault, or any shortage or curtailment of labor, material, transportation, or utility not due to Company’s fault, or any labor trouble at the place of Company’s business or suppliers, or any other cause beyond Company’s control.

Article 21 (Ownership of Rights)

The Users acknowledge that any and all Intellectual Property Rights and other rights and titles in relation to the Services and any information and data which the Company provides to the Users relating to the Service Agreement belong to the Company (or its licensor) and that the Company in no way grants the Users these titles or rights, unless otherwise expressly provided herein.

Article 22 (Communication with the Company)

As to the communications or inquiries with the Company concerning the Services, the Users shall send them through the inquiry form duly set up on the website run by the Services or the Company or convey by ways separately designated by the Company.

Article 23 (Entire Agreement)

These TERMS OF USE constitute the entire agreement between the Company and the Users on the matters contained in the TERMS OF USE and will supersede any prior agreements and representations between the Company and the Users on the matters contained in the TERMS OF USE.

Article 24 (Waiver)

The Company’s failure at any time to require the Users’ performance of any responsibility or obligation hereunder in no way affects the full right to require such performance at any time hereafter. Nor do the Company’s waiver of a breach of any provision hereof constitute a waiver of any succeeding breach of the same or any other provision hereof or constitute a waiver of the responsibility or obligation itself.

Article 25 (Severability)

Even if a provision of the TERMS OF USE or its part is judged to be invalid or unenforceable due to any Applicable Laws, any other provisions of the TERMS OF USE and the remaining part of the provision a part of which is judged to be invalid or unenforceable will continue to be completely valid.

Article 26 (Controlling Language)

These TERMS OF USE are drawn up in the English language. These TERMS OF USE might be translated into any language other than English; provided, however, the English text prevails in any event.

Article 27 (Governing Law and Jurisdiction)

The validity of these TERMS OF USE, the construction and enforcement of its terms shall be governed by the laws of the Applicable Laws and Applicable Jurisdiction.
Any dispute, including litigation, between the Company and the Users, etc. will be settled in the court in the Applicable Jurisdiction.

Effective since 18 December, 2020

Acknowledgement of Intellectual Property Rights

“QR Code” is a registered trademark of DENSO WAVE INC.