These Terms & Conditions (“Terms”) govern access to and use of LiveVerify, an identity-verification API and platform operated by SPRK10 B.V., a company incorporated in the Netherlands with KVK number 98888625 (“LiveVerify,” “we,” “us”), and the business that has registered for a LiveVerify account (“Customer,” “you”). By creating an account, calling the LiveVerify API, or otherwise using the Service, Customer agrees to these Terms.
1. Definitions
“Service” means the LiveVerify capture page, verification function, LiveVerify API, and the account dashboard made available to Customer, together with the underlying verification, storage and metering infrastructure described in the Security Policy.
“End User” means an individual who submits an identity document and a live selfie through a Customer-integrated flow for the purpose of a LiveVerify identity check.
“Verification Result” means the pass/fail outcome of a Session, the name read from the identity document where the check passes, and the associated status data described in Annex 1 of the DPA, that LiveVerify returns to Customer through the LiveVerify API or by webhook.
“Session” means one End User’s attempt to complete a LiveVerify identity check, from creation of the verification session to the return of a Verification Result, cancellation, or expiry. A Session is “resolved” when it reaches a final passed or failed Verification Result. Customer is billed per resolved Session; see Section 5.
“Customer Data” means data Customer submits to or receives from the Service, including Verification Results, but excluding End User document images and selfie frames, which the Service never persists (see Section 6 and the Security Policy).
“Account Contact” means an individual who registers, manages or signs for Customer’s LiveVerify account on Customer’s behalf.
“DPA” means the Data Processing Agreement entered into alongside these Terms, including its Annexes (Annex 1: Processing Details; Annex 2: Security Measures, being the Security Policy), which governs LiveVerify's processing of personal data as Customer's processor.
“Effective Date” means the date on which Customer’s account is activated by LiveVerify.
2. The Service
2.1 LiveVerify performs automated identity verification: it reads a government-issued identity document, compares it against a live selfie using on-device and server-side face matching, and returns a pass/fail Verification Result to Customer via the LiveVerify API. LiveVerify does not make the underlying business decision (e.g. whether to onboard, sign, or transact with the End User) — that decision remains Customer's.
2.2 The verification models LiveVerify runs (document OCR, face detection, face matching) are open-source models operated inside LiveVerify's own infrastructure. No document image or selfie is ever sent to a third-party machine-learning vendor.
2.3 Certain components of the Service are currently designated as “in testing” in the Security Policy. Customer's use of components designated as in testing is subject to the additional disclaimers in Section 9.3.
2.4 LiveVerify may modify, suspend, or discontinue any part of the Service on 60 days' notice, except where immediate action is required for security, legal compliance, or to prevent harm to LiveVerify, Customer, or an End User. In the event of a material adverse modification to the Service, Customer may terminate these Terms on 30 days’ written notice given within 30 days of the modification notice, and will receive a refund of any unused Pre-Paid Credits.
2.5 Beta Phase
Customer acknowledges that, as at the Effective Date, the Service is provided in a beta trial phase ("Beta Phase"). During the Beta Phase:
(a) Nature of the Service. The Service is made available for evaluation and testing purposes. Customer acknowledges that the Service is under active development and may contain errors or incomplete features. LiveVerify makes no representation as to the availability, reliability, or performance of the Service during the Beta Phase.
(b) Changes to the Service. LiveVerify may, at its sole discretion, modify, suspend, or discontinue any feature or functionality of the Service at any time during the Beta Phase without prior notice and without liability to Customer. Section 2.4 (notice periods for modification) shall not apply during the Beta Phase.
(c) Warranties. Notwithstanding Section 9.1, during the Beta Phase the Service is provided entirely on an "as is" and "as available" basis. LiveVerify disclaims all warranties, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted availability. The additional disclaimers in Section 9.3 apply to all components of the Service during the Beta Phase, whether or not individually designated as "in testing" in the Security Policy.
(d) Limitation of liability. Notwithstanding Section 10.2, LiveVerify's total aggregate liability for any and all claims arising out of or in connection with the Beta Phase shall not exceed the fees actually paid by Customer during the Beta Phase. Section 10.3 (exclusion of indirect and consequential loss) applies in full during the Beta Phase.
(e) Feedback. Customer may provide suggestions, ideas, or other feedback regarding the Service ("Feedback"). Customer grants LiveVerify a perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, modify, and incorporate Feedback for any purpose, without obligation or compensation to Customer.
(f) Transition to general availability. LiveVerify will give Customer at least 30 days’ written notice before the Beta Phase ends and the Service transitions to general availability (“GA Transition”). Upon GA Transition, the standard provisions of these Terms (including Sections 2.4, 5, 9, and 10, without the modifications set out in this Section 2.5) shall apply in full. If Customer does not wish to continue using the Service on the post-beta terms, Customer may terminate these Terms by giving written notice before the GA Transition date, and any unused Pre-Paid Credits will be refunded.
(g) Term of the Beta Phase. The Beta Phase commences on the Effective Date and continues until the earlier of (i) the GA Transition date notified by LiveVerify; or (ii) 6 months from the Effective Date, unless extended by mutual written agreement.
3. Account Registration and API Access
3.1 Customer registers an account in the B2B customer database and receives API credentials scoped to that account. Customer is responsible for keeping its credentials confidential and for all activity under its account, whether or not authorised.
3.2 Customer must notify LiveVerify promptly of any suspected compromise of its API credentials. LiveVerify may rotate or suspend credentials it reasonably believes have been compromised.
3.3 LiveVerify is a multi-tenant service: Customer's account, usage, and Verification Results are logically separated from those of other LiveVerify customers, but Customer acknowledges that underlying infrastructure (see the Security Policy) is shared across customers.
3.4 Before Customer can create live (non-test) Sessions, (a) the Account Contact who registers the account must complete a LiveVerify identity check of their own, and (b) Customer must purchase an initial amount of Pre-Paid Credits under Section 5. LiveVerify may refuse, suspend or close an account where it reasonably suspects fraud or misuse of the Service.
4. Customer Obligations
4.1 Customer is responsible for its own integration, including obtaining any consent or providing any notice required under applicable law before directing an End User into a LiveVerify Session. Section 6 sets out what LiveVerify itself discloses to the End User; Customer's own privacy notice and consent flow toward its End Users are Customer's responsibility, not LiveVerify's.
4.2 Customer will use the Service only for legitimate identity-verification purposes and will not: (a) attempt to reverse-engineer, extract, or retrain the verification models; (b) submit test, synthetic, or another person's documents without that person's knowledge; (c) use the Service to build a competing identity-verification product; (d) exceed the rate or volume limits associated with its account tier; or (e) use the Service in any manner that violates applicable law, including but not limited to anti-money-laundering, sanctions, or data protection legislation.
4.3 The Service is available only for End Users aged 18 or over, or such higher minimum age as Customer sets for a Session. Customer will not knowingly direct a minor into a Session. LiveVerify’s verification function refuses any submission indicating that the End User is below the applicable minimum age, and redacts the date of birth and decoded document text before anything is returned; Customer must not attempt to circumvent this.
5. Fees and Payment
5.1 Pre-Paid Credits. Live Sessions are paid for in advance. Customer purchases credit (“Pre-Paid Credits”) by card through LiveVerify’s payment provider, in the top-up amounts offered in the account dashboard or as set out in an order form. Customer cannot create live Sessions until it has made an initial top-up. There is no free tier. Sessions created with test (sandbox) credentials are free of charge and do not use Pre-Paid Credits.
5.2 Fees and deduction. Each resolved Session is charged at the price per Session shown on LiveVerify’s website or in the account dashboard at the time the Session is created, or as set out in an order form. The fee is deducted from Customer’s Pre-Paid Credit balance. Cancelled and expired Sessions that do not reach a passed or failed Verification Result are not charged.
5.3 Balance. Customer can view its Pre-Paid Credit balance and usage in the account dashboard at any time. Once the balance reaches zero or below, LiveVerify will decline to create new live Sessions until Customer tops up. Sessions already in progress when the balance runs out are still charged, which may take the balance below zero; any negative balance is offset against Customer’s next top-up. Pre-Paid Credits do not expire while Customer’s account remains open.
5.4 Refunds. Pre-Paid Credits are non-refundable and non-transferable, except that unused Pre-Paid Credits will be refunded where Customer terminates these Terms under Section 2.4, 2.5(f), 12.2 or 12.4, or where LiveVerify terminates these Terms other than for Customer’s breach.
5.5 Invoiced accounts. Where an order form provides for invoicing instead of, or in addition to, Pre-Paid Credits, fees are invoiced monthly in arrears and are due within 30 days of the invoice date. Invoices not paid within 15 days of their due date accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. If an invoice remains unpaid for more than 60 days after its due date, LiveVerify may suspend Customer’s access to the Service on 10 days’ written notice. Suspension does not relieve Customer of its payment obligations.
5.6 Usage records. LiveVerify’s session-metering records are the authoritative source for billed usage. Customer may request a metering export for its own reconciliation. Customer must notify LiveVerify of any disputed charge within 30 days of the charge. The parties will use reasonable efforts to resolve the dispute within 15 business days.
5.7 Currency and taxes. All fees are stated and payable in EUR unless an order form specifies otherwise. Fees are exclusive of VAT and other applicable taxes, which Customer is responsible for, except taxes on LiveVerify’s own income.
5.8 Price changes. LiveVerify may change its prices on at least 60 days’ written notice. A price change does not affect the price of Sessions created before it takes effect. If Customer does not accept a price change, Customer may terminate these Terms under Section 12.4.
6. Data, Privacy, and Retention
6.1 LiveVerify processes personal data of End Users as a processor acting on Customer's instructions, under the terms of the DPA, which is incorporated into these Terms by reference.
6.2 As described in the DPA and the Security Policy: document images and selfie frames exist only in memory for the life of a single verification request and are never written to disk; the interim session record, which holds the name read from the document, self-deletes after 30 minutes; and the durable record LiveVerify retains after that is limited to the verification status and outcome metadata described in Annex 1 of the DPA. The durable record does not contain the End User’s name, date of birth, document number, document image or selfie. The durable record is retained for no longer than 3 years from the date of the check, unless a longer period is required by law. Customer is responsible for retrieving the Verification Result, including the name, through the LiveVerify API or webhook while the interim session record exists.
6.3 Customer's own storage, retention, and further use of the Verification Result it receives from LiveVerify is outside LiveVerify's control and is Customer's own responsibility under applicable law and under Customer's agreements with its End Users.
7. Intellectual Property
7.1 LiveVerify and its licensors retain all right, title, and interest in the Service, including the verification models, software, and documentation, other than the open-source components identified in LiveVerify's third-party notices, which remain licensed under their respective open-source licenses.
7.2 Customer retains all right, title, and interest in Customer Data. Customer grants LiveVerify a licence to process Customer Data solely to provide the Service and as otherwise permitted under the DPA.
7.3 LiveVerify may use aggregated, de-identified data derived from Sessions (containing no personal data) to monitor, maintain, and improve the Service.
8. Confidentiality
8.1 Each party will protect the other's confidential information with at least the same care it uses for its own confidential information of similar importance, and will use it only to perform its obligations under these Terms.
8.2 This Section does not apply to information that is public through no fault of the receiving party, was already known to it, or is required to be disclosed by law (with notice to the other party where legally permitted).
9. Warranties and Disclaimers
9.1 LiveVerify warrants that it will provide the Service with reasonable skill and care and materially in accordance with the Security Policy.
9.2 LiveVerify does not warrant that verification is error-free. Automated document and face verification carries an inherent false-accept and false-reject rate. Customer is responsible for deciding what weight to give a Verification Result in its own decision-making, and for providing any human-review route required by applicable law. Customer acknowledges that it is solely responsible for determining whether the Verification Result constitutes an automated decision within the meaning of Article 22 GDPR in the context of Customer’s own use case, and for providing any required human-review mechanism.
Until LiveVerify makes available its own human-review mechanism, Customer must not direct End Users into a LiveVerify Session unless Customer itself provides a human-review route that satisfies Article 22(3) GDPR.
9.3 Except as expressly stated in Sections 9.1 and 9.2, the Service is provided “as is.” To the maximum extent permitted by applicable law, LiveVerify disclaims all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Components designated as “in testing” in the Security Policy are provided without any warranty whatsoever, and Customer uses them at its own risk.
10. Limitation of Liability
10.1 Neither party excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.
10.2 Subject to Section 10.1, each party's total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the lesser of (a) the total fees paid or payable by Customer in the 12-month period immediately preceding the event giving rise to the claim, or (b) EUR 50,000.
10.3 Subject to Section 10.1, neither party is liable for indirect, incidental, or consequential loss, including loss of profits, revenue, or data. For the avoidance of doubt, “loss of data” in this Section 10.3 does not limit either party’s liability for personal data breaches to the extent such limitation is prohibited by applicable data protection law.
11. Indemnification
11.1 Customer will indemnify LiveVerify against third-party claims arising from Customer's breach of Section 4 (Customer Obligations) or Customer's misuse of a Verification Result.
11.2 LiveVerify will indemnify Customer against third-party claims that the Service, as provided by LiveVerify and used in accordance with these Terms, infringes a third party's intellectual property rights, subject to the following conditions: (a) Customer promptly notifies LiveVerify of the claim; (b) LiveVerify has sole control of the defence and settlement; and (c) Customer provides reasonable cooperation. LiveVerify’s obligations under this Section do not apply to claims arising from (i) modification of the Service by Customer, (ii) combination of the Service with products not provided by LiveVerify, or (iii) Customer’s use of the Service in breach of these Terms.
12. Term and Termination
12.1 These Terms take effect on the Effective Date and continue until terminated as set out below. There is no minimum term. Customer may terminate these Terms at any time by closing its account or by written notice to LiveVerify. LiveVerify may terminate these Terms for convenience on at least 60 days’ written notice.
12.2 Either party may terminate for the other's uncured material breach on 30 days' written notice, or immediately for insolvency-type events.
12.3 On termination, LiveVerify will disable Customer's API credentials and, subject to the DPA and any legal retention obligation, delete or return Customer Data within 30 days. LiveVerify will provide Customer with a copy of Customer Data in a commonly used machine-readable format upon request made within 30 days of termination. Thereafter, LiveVerify will delete Customer Data in accordance with the DPA.
12.4 Changes to these Terms. LiveVerify may amend these Terms by giving Customer at least 60 days’ written notice by email to the account’s contact address and by notice in the account dashboard. If Customer does not accept the amendment, Customer may terminate these Terms by written notice given within 30 days of receiving the notice of amendment, with effect no later than the date the amendment takes effect, and any unused Pre-Paid Credits will be refunded. If Customer does not terminate, the amended Terms apply from the date stated in the notice. Changes required by law, or relating to new features or components, may take effect sooner where the notice says so.
13. General Provisions
13.1 Governing law and jurisdiction. These Terms are governed by the laws of the Netherlands, and the parties submit to the exclusive jurisdiction of the competent courts of Amsterdam. Nothing in this Section prevents either party from seeking interim or injunctive relief in any court of competent jurisdiction.
13.2 Assignment. Neither party may assign these Terms without the other's consent, except LiveVerify may assign to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets. LiveVerify will notify Customer of any assignment under this Section at least 30 days in advance. If Customer reasonably objects to an assignment to a competitor, Customer may terminate these Terms on written notice within 30 days of receiving the assignment notice.
13.3 Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.
13.4 Notices. Legal notices must be given in writing to the addresses on the account and are effective on receipt.
13.5 Entire agreement. These Terms, the DPA (including the Security Policy, which forms its Annex 2), and any order form together constitute the entire agreement between the parties regarding the Service, superseding all prior discussions. The Privacy Policy describes LiveVerify’s processing of Account Contact data as controller and does not form part of this agreement.
13.6 Severability. If any provision is held unenforceable, the remaining provisions continue in full force.
13.7 Dispute Resolution. Before initiating legal proceedings (other than for interim relief), the parties will attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation between senior representatives of each party for a period of 30 days. If the dispute is not resolved within that period, either party may commence proceedings in accordance with Section 13.1.