Terms of Service
1. These terms
These Terms of Service (“Terms”) are between you and eaglecheck (“we”, “us”, “our”) and govern your access to and use of our website, our interactive demo, and our verification API and related services (together, the “Service”). By accessing or using the Service you agree to these Terms. If you are entering into these Terms on behalf of an organisation, you confirm you have authority to bind that organisation, and “you” means that organisation.
2. The Service
The Service provides face- and image-analysis capabilities, including age estimation, face liveness, face matching, emotion and sentiment analysis, and detection of text, labels, protective equipment and unsafe or inappropriate content. The Service returns results based on automated processing. We may add, change, suspend or remove features at any time.
3. The demo
Our demo is provided for demonstration and evaluation only. It is not intended for, and must not be relied upon for, any real verification, identification, safety or compliance decision. The demo analyses your face (biometric information) only after you provide consent, and processes that information as described in our Privacy Policy. Do not submit other people’s images to the demo without their consent.
4. Eligibility and accounts
You must be at least 18 years old, or use the Service with appropriate consent, and be able to form a binding contract. If you create an account, you are responsible for your credentials and for all activity under your account, and must keep your details accurate and your credentials secure.
5. Your responsibilities and lawful use
If you use the Service to verify or analyse other individuals, you are responsible for doing so lawfully. In particular, you must:
- comply with all applicable laws, including the Privacy Act 1988 (Cth), the Australian Privacy Principles, and any surveillance, biometric or workplace laws that apply to you;
- obtain all necessary consents from, and provide all required notices to, the individuals whose images you submit;
- establish a lawful basis and a reasonable, proportionate purpose for each check, and not use the Service for unlawful discrimination, harassment or surveillance;
- configure thresholds appropriately and apply human review where a result has a significant effect on a person;
- not use the Service to build a competing product, to reverse engineer it, or in a way that could damage, disable or overburden it.
As between you and us, you are the entity responsible for the individuals you verify and for the decisions you make using the results.
6. Acceptable use
You must not use the Service to break the law, infringe others’ rights, upload malicious code, attempt to gain unauthorised access, scrape or harvest data, or exceed any usage limits or rate limits we set. We may investigate and take action, including suspension, in response to suspected breaches.
7. Fees and payment
Access to the API may be subject to fees as set out in your order or our published pricing. Fees are exclusive of GST unless stated. We may change pricing on reasonable notice.
- Billing. Usage is billed monthly in arrears based on our records of the requests made under your account or credentials, which are conclusive in the absence of manifest error.
- Payment terms. Invoices are payable within 14 days of the invoice date.
- Late payment. If an invoice is not paid by its due date, we may suspend or restrict your access, on reasonable notice where practicable, until overdue amounts are paid in full.
- Responsibility for usage. You are responsible for all usage and fees incurred under your account or credentials, including by anyone you permit to use them or who obtains them through your failure to keep them secure.
- Costs of recovery. If you default on payment, you are liable for our reasonable costs of recovering the overdue amounts, including reasonable debt-collection and legal costs, to the extent permitted by law.
- Disputes. If you dispute an invoice in good faith, you must notify us within 14 days of the invoice date and pay all undisputed amounts when due; we will work with you in good faith to resolve the disputed portion.
8. Intellectual property
We and our licensors own all intellectual property rights in the Service, including its software, models, design and content. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You retain rights in the images and data you submit, and grant us the rights necessary to process them to provide the Service.
9. Data processing and privacy
Our handling of personal and biometric information is described in our Privacy Policy, which forms part of these Terms. When you submit other individuals’ images to the Service, you are the entity responsible (the controller) for that information and we process it on your behalf (as your processor), only to provide the Service and in accordance with these Terms.
- No retention. Images and video are processed solely to return a result and are then discarded. We do not store or reuse the biometric data you submit, and we do not use it to train or improve our models.
- Your instructions. We process the data you submit only to perform the checks you request.
- Sub-processors. We use reputable infrastructure providers (including Amazon Web Services) to deliver the Service; they process data only to support it.
- Security. We use commercially reasonable technical and organisational measures to protect data in transit and during processing. No method is completely secure.
- End-user notices and consent. You are responsible for providing all required notices to, and obtaining all required consents from, the individuals whose images you submit (see clause 5).
- Requests and incidents. Because we do not retain submitted data, we generally cannot action data-subject access or deletion requests after a check completes; you handle those as the controller. We will notify you without undue delay if we become aware of a security incident affecting data we processed for you.
10. Confidentiality
Each party may receive non-public information of the other (including API keys, pricing, and technical or business information) that is marked or reasonably understood to be confidential. The receiving party will use it only to exercise its rights and meet its obligations under these Terms, protect it with reasonable care, and not disclose it except to personnel or advisers who need it and are bound by similar obligations, or where required by law. This does not apply to information that is or becomes public through no fault of the receiving party, or that is independently developed or lawfully obtained from another source.
11. Third-party services
The Service relies on third-party infrastructure and services. We are not responsible for those providers’ acts or omissions, and your use may be subject to their terms.
12. Service availability
We aim to keep the Service available but do not guarantee uptime. The Service is provided on an “as available” basis, without any service-level commitment, and may be unavailable due to maintenance, updates, or factors outside our control. We may perform maintenance and change or discontinue features at any time.
13. Consumer guarantees and warranties
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law or other laws that cannot lawfully be excluded. Subject to that, the Service is provided “as is” and “as available”, and to the maximum extent permitted by law we exclude all other warranties. Results are probabilistic and not guaranteed to be accurate; you must not rely on them as the sole basis for a decision that affects a person’s rights, safety or access.
14. Limitation of liability
To the maximum extent permitted by law, and subject to the consumer guarantees referred to above, we are not liable for indirect, incidental, special or consequential loss, or loss of profits, revenue, data or goodwill. Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to re-supplying the Service or paying the cost of re-supply. Our total aggregate liability arising out of or in connection with the Service is limited to the total fees you paid for the Service in the 12 months before the event giving rise to the liability.
15. Indemnity
You indemnify us against claims, losses, liabilities and costs arising from your use of the Service in breach of these Terms or applicable law, including any failure to obtain required consents or provide required notices, or any claim by an individual you verified using the Service.
16. Suspension and termination
We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or others. You may stop using the Service at any time. On termination, your right to use the Service ends; clauses that by their nature should survive (including clauses 5, 8, 9, 10, 13–15, 19 and 21) survive.
17. Force majeure
Neither party is liable for any delay or failure to perform (other than an obligation to pay) caused by events beyond its reasonable control, including outages of third-party infrastructure, internet or power failures, natural events, or government action.
18. Changes to these Terms
We may update these Terms from time to time. The current version is always available on this page with the “last updated” date. Changes take effect when posted, and we will notify account holders of material changes by email. Continued use after changes means you accept them.
19. Governing law
These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that place.
20. Notices
We may give you notices by email to the address associated with your account or by posting on our website. You may give us notice by email to legal@eaglecheck.com.au. Notices are taken to be received when sent, unless the sender knows the delivery failed.
21. General
These Terms, together with the Privacy Policy and any order you enter into, are the entire agreement between us. If any part is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a business transfer. A failure to enforce a right is not a waiver of it.
22. Contact
eaglecheck · legal@eaglecheck.com.au