Folio App End User License Agreement
PLEASE READ THIS CAREFULLY BEFORE CONTINUING
BY CLICKING ON THE “ACCEPT” BUTTON OR BY OTHERWISE ACCESSING OR USING THE APP YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU ARE NOT PERMITTED TO USE OUR SOFTWARE.
WHO WE ARE AND WHAT THIS AGREEMENT DOES:
We, Folio Technologies Limited, a company registered in England (Company Number 07236594). Our registered office address is at 88 Baker Street, London W1U 6TQ, license you to use:
- This Folio mobile application software and any updates or supplements to it (App)
- The related online or electronic documentation
- Any Folio services you access via the App (Services)
These terms specifically relate to your right to access and use the Folio App.
Please Note: The Folio App is made available to you as a service to support document verification and authentication, we do not engage in any correspondence, or the relationship, between you as a user of the Folio App and any services you make use of, or which are made available to you through it. In particular, other than in the provision of the Folio App we do not participate in any part of any service or any contract for services which may be provided to you by any third party.
Other than your selfie, your personal information is encrypted only on your Folio digital wallet with only reference, hashed secrets stored on our servers to ensure we can detect tampering and protect you from ID fraud.
While Folio has no visibility of your private information, we do examine trends and patterns to inform business decisions, like how many ID’s are stored but not what they are, or what data they contain.
Accuracy of the Services: Folio will use its reasonable skill and care in verifying or authenticating documents, but will have no liability to You, and hereby disclaims to the fullest extent possible under applicable laws all implied representations, warranties, conditions and terms in respect of the accuracy of, or your use of any documents processed through the Folio App, whether verified by Folio or not. The Folio App and services are used by you at your own risk. You are responsible for the accuracy of your documentation and for keeping your documentation up-to-date.
Folio will perform its verification, authentication with reasonable skill and care, however Folio does not guarantee that any Attributes are true, complete or accurate at any time. Folio gives no representation, warranty or undertaking in respect of the suitability of the Folio App and services available through it for any purpose whatsoever. Folio do not warrant that the Folio App, your use of it, or any services made available to you through it will be compliant with, or make you compliant with, laws or regulations which may be applicable to you.
You must save a Backup Key if you wish to receive support
Due to the privacy safeguards of the Folio App, you cannot recover access to your account unless you have chosen to save a ‘Backup Key’. If you do not save a ‘Backup Key’ then Folio cannot assist you and you will lose access to your data and account. Folio shall not be liable to you for any loss arising as a result of your not opting within the Folio App to save a ‘Backup Key’.
SUPPORT FOR OUR APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you have any problems using the App please take a look at our support resources at www.folio.id.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer Services team at firstname.lastname@example.org.
How we will communicate with you. If we have to contact you we will do so by e-mail, push to your App or by SMS using the contact details you have provided to us.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.
Use of the App may require that your device meets minimum operating requirements, including memory or operating system. We will inform you of any minimum system requirements from time to time. If you do not meet the minimum specifications detailed for the App, you may experience limited use or be unable to use or access the App or Services entirely.
- Your use of the Folio App
(a) You may download a copy of the App onto one device and view, use and display the App and the Services on such Device for your personal purposes only (b) You may use any documentation we provide to support your permitted use of the App and the Services (c) Except as otherwise detailed above, you may not otherwise transfer the App or access to the Services to someone else.
By accepting the terms and conditions of this agreement you hereby agree: (a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us; (b) not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; (c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms; (d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the limited extent permitted by law.
You must not: (a) use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously; (b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services; (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services; (d) not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (e) not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
- Intellectual Property Rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
- Our responsibility for loss or damage suffered by you in respect to your use of our App
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. Folio will use commercially reasonable efforts to deliver to you our App and Services free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the App or your data. Folio and its licensors provide the App and Services “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Folio does not warrant that the App or Services will operate uninterrupted or error-free or that all errors will be corrected. In addition, Folio does not warrant that the App or any equipment, system or network on which the App is used will be free of vulnerability to intrusion or attack.
To the extent permissible by law, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and You acknowledge that access to the internet, mobile phone networks or other communication media necessary for the provision of Services or use of the App is inherently associated with risks including viruses, data security, piracy, availability of services and reliability of data transmission.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
We may end your rights to use the App or Services if you break these terms
We may end your rights to use the App and Services at any time if you have broken these terms or any other terms with us. If what you have done can be put right we will give you a reasonable opportunity to do so. We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
- Update to the App and Services
From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues (“Updates”). Alternatively we may ask you to update the App for these reasons. Updates may modify or delete certain features and/or functionalities of the Application. You agree that Folio has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.If you opt out of automatic updates you may not be able to continue using the App and the Services.
The number and type of documents that can be shared via the Folio App, and the extent to which Folio verifies any documents, will be determined by Folio in its sole discretion from time to time. Folio does not guarantee to provide any particular category of document and may remove or amend any category of document at any time
- We are not responsible for other Web Sites or content
The App or any Services may contain links to other independent websites and display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services") which are not provided by Folio. Such Third Party Services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You acknowledge and agree that Folio shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Folio does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
You will need to make your own independent judgement about whether to use any such independent sites, including whether to use any products or services offered by them. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
- We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delayed enforcing this contract we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Laws applying to this contract
These terms are governed by English law and you can bring legal proceedings in the English courts.
Nothing in this agreement limits your consumer rights which will continue to apply.