FIREBASE EXTENSION TERMS OF USE

PLEASE REVIEW THESE TERMS CAREFULLY. BY USING OUR TRIAL SERVICE OR THE EXTENSION, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT, WHICH IS LEGALLY BINDING. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT ACCEPT THEM OR USE THE EXTENSION OR TRIAL SERVICES.

This Agreement is between iProov Limited (a company incorporated in England and Wales under number 07866563 whose registered office is at 14, Bank Chambers 25, Jermyn Street, London, England, SW1Y 6HR) (“iProov” or “we” or “us” or “our”) and you or the Organisation on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement (“you“, “your“, “yours”). It is effective as of the date you accept or otherwise agree to the terms of this Agreement (“Effective Date”). Google is not a party to this Agreement and Google does not have any liability under this Agreement.

1. Accepting this Agreement

1.1 You may not use the Extension or Trial Service or accept this Agreement if (a) you are not of legal age to form a binding contract with iProov or accept or agree to the terms of the Data Processing Addendum, or (b) you are a person barred from using or receiving the Trial Services under any applicable law (including of the United States, the United Kingdom or other countries including the country in which you are resident or from which you use or intend to use the Trial Services).

1.2 Otherwise, please review these terms very carefully. If you use our Extension or Trial Services you are agreeing to the terms of this Agreement, which is legally binding. If you do not agree to the terms of this Agreement, you should not accept them or use the Extension or Trial Services.

1.3 If there is a separate written agreement between iProov (or any iProov group company) that covers your use of the Extension or Trial Services, then that contract governs your use of and access to the Extension and/or Trial Services and this Agreement doesn’t apply to that use. This would be the case where, for example, you are an employee of an existing iProov corporate customer and access the Trial Service in connection with your employer’s access which iProov granted under that contract.

2. Accepting on behalf of an organisation, corporate or other legal entity

2.1 If you are using the Extension and/or Trial Services on behalf of any organisation or entity (each an “Organisation”), you represent and warrant (promise) that you have authority to create a legally binding commitment on the terms of this Agreement on behalf of that Organisation in all applicable jurisdictions and by accepting this Agreement, you are doing so on behalf of that Organisation and this Agreement will legally bind the Organisation (and all references to “you” in this Agreement refer to the Organisation).

3. Some “Dos” and “Don’ts”

3.1 The Trial Services and Extension are intended for trial or demonstration use only. You can use them solely for the purpose of internal trials or demonstrations or to otherwise evaluate the features, functionality and/or viability of iProov’s products or services yourself or within the Organisation (the “Permitted Purpose”) but you must ensure that no commercial or non-trial use of the Trial Service or Extension is made and you may not exploit the Trial Services commercially or make them available to any third party. This means:

a) if you are an individual you can only use them yourself (and you can’t make them available to anyone else); and

b) if you enter into this Agreement on behalf of any Organisation you may make the Extension and/or Trial Services available for the Permitted Purpose within your Organisation only and neither you nor the Organisation are allowed to make the Trial Services available at any time to anyone outside of the Organisation including that you are not allowed to make the Trial Services available to any contractor, group company, customer, partner, supplier or representative of the Organisation.

3.2 You may not use trial or test the Trial Services in any way that is prohibited by our Acceptable Use Policy or for any use in connection with military uses, or for the design, development, manufacture, or production of nuclear, missile or chemical or biological weapons.

4. Updates:

We may change or update the terms of this Agreement (including the Acceptable Use Policy and Data Processing Addendum) from time to time. We will provide you with written notice of any material updates at least thirty (30) days prior to the date on which the updates are effective (unless the updates result from changes in laws or regulations) by posting the updates on https://www.iproov.com/app-policies/firebase/terms-of-use/updates. It is your responsibility to regularly monitor https://www.iproov.com/app-policies/firebase/terms-of-use/updates. Your continued use of the Extension or Trial Services on or after the date on which any update is effective constitutes your acceptance of the updates and updated version of the Agreement. The updated version of the Agreement supersedes all prior versions. If you do not agree to the updated version of this Agreement, you must stop using the Extension and Trial Services, immediately.

5. Definitions

In this Agreement, the following terms shall have the meaning set out in this Clause 5 which means that these are definitions for certain words that we will use repeatedly throughout these terms. When you see these capitalised words used as you read through these terms, they have the meanings provided in this Clause 5. Any capitalised term not set out in this Clause 5 will have the meaning provided elsewhere in this Agreement.

  • “Acceptable Use Policy” means certain terms relating to the use of the Extension and Trial Services, the current version of which is available at https://www.iproov.com/app-policies/firebase/acceptable-use-policy
  • “Agreement” means these terms and any documents incorporated by reference to form part of the agreement with them which, for the avoidance of doubt, includes the Data Processing Addendum and the Acceptable Use Policy.
  • “Documentation” means any documentation associated with the Extension and/or Trial Services, including (but not limited to) any Acceptable Use Policy, Data Processing Addendum, privacy policy and usage instructions, guides and/or policies.
  • “Extension” means the application code made available by iProov which can be or is accessed through the Firebase platform. The application code is not the Trial Services (although you may be able to access the Trial Services using the application code).
  • “Malicious Code” means code, files, scripts, agents, or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
  • “Service Usage Data” means any data that is derived from the use of the iProov Services that does not directly or indirectly identify you, your Users, or any natural person and includes (a) data such as volumes, frequencies, bounce rates, and service performance data; (b) subject to any restrictions under applicable law or regulation, data that is anonymized, de-identified, and/or aggregated or images that are computer-generated or altered such that the data and/or images could no longer directly or indirectly identify you, your Users, or any natural person and (c) statistical and technical data that might include, for example, the specifications of your device or the Application.
  • “Trial Services” means any products, environments and/or services which are provided or made available by iProov in connection with the Extension including, without limitation, any biometric environment (including the sandbox environment) and any products and services that are made available on a trial basis and/or free of charge.
  • “Your Data” means data and other information made available by you or your Users to us in connection with the use of the Extension and/or Trial Services under this Agreement.

6. Our Extension and how it works

When properly used in accordance with this Agreement and any other Documentation made available by us, the Extension is intended to allow integration between: (a) our platform (the “Platform”) and our cloud service, which is comprised of biometric verification services and any other features, content, or services offered or operated by us from time to time (whether accessed via the internet, a mobile device or any other electronic device); and (b) the mobile application or other applications that you develop (the “Application”) to allow you and anybody in the Organisation to access the Trial Services as part of the Application in respect of which the Firebase extension is used. However, you must only use the Trial Services for the Permitted Purpose.

7. Our terms

7.1 This Agreement sets out the rights and obligations relating to the access of the Extension and Trial Services by you or anyone using your Application.

7.2 If this Agreement does not specifically say that you can do something with the Extension or the Trial Service, then you cannot.

8. Access to our Trial Service

8.1 You agree:

  • to notify us promptly if you become aware of any unauthorised access or use of the Extension and/or Trial Services;
  • to comply with the Acceptable Use Policy and to bring the contents of it to each User’s attention and to ensure that they agree to it and comply with it;
  • not to encourage, procure, support or facilitate the use by any other person or party of the Trial Services in any way which is unauthorised and/or prohibited by this Agreement (including the Acceptable Use Policy);
  • that you are solely responsible for any use of the Trial Services in connection with your Application and for any activities (including acts and omissions) of your Users and for their compliance with the Acceptable Use Policy;
  • that only you (if you are a consumer) or you and those in the Organisation (if it is an Organisation entering into this Agreement) can use and access the Extension and Trial Services for the Permitted Purposes and you must ensure that you do not permit access or use of the Extension or Trial Services by any third party;
  • that you will not transfer your rights under this Agreement to anyone else without our prior written approval; and
  • it is your responsibility to ensure the Application is compatible with the Extension and/or Trial Services.

9. Changes to and suspension of the Trial Services

9.1 As the Extension and any associated Trial Services are available for trial and demonstration purposes only and completely free of charge:

  • we can suspend access to them or end this Agreement immediately, at any time;
  • we may update them from time to time for reasons that include fixing bugs or enhancing functionality or security; and
  • you acknowledge that the features and functions of the Extension and/or Trial Services may change at any time, during the term of this Agreement.

10. Intellectual Property Rights

10.1 You agree that you do not own the Extension, the Trial Services, the Documentation or the Platform and, except for your right to use the Trial Services and the Extension as described in this Agreement, all intellectual property rights in and to the Extension, the Trial Services, the Documentation or the Platform including any modifications, developments or new versions of such are ours and remain ours (or our licensors’). As between the parties, we will own any feedback or suggestions you or your Users provide regarding any services we make available or provide (including the Trial Services).

10.2 We may use open-source software in our Trial Services and the Extension.

10.3 You may use the Extension and the Trial Services on a non-exclusive basis (i.e. we may license it to anyone else) provided you follow all of the rules of this Agreement and you and your Users comply with the Acceptable Use Policy and accept the Data Processing Addendum.

10.4 If you acquire any intellectual property rights (e.g. copyright, trade marks, service marks, patents, database rights, know-how, design rights, domain names, know-how and rights in software (registered or not)) in the Extension, the Trial Services, the Documentation or the Platform, you shall transfer these rights (both existing and future) with full title guarantee to us or anyone else we nominate (or you will make this happen immediately). You shall sign all documentation and do such things as we think necessary to transfer those rights.

10.5 You shall not conceal, modify, remove, destroy or alter in any way any of our proprietary markings on any software, code, materials and/or data that you access or use in connection with your use of the Extension or Trial Services.

10.6 As between the parties and subject to Clause 10.1, you exclusively own and reserve all right, title, and interest in and to your Application and the Your Data, subject to our right to process Your Data in accordance with this Agreement and the Data Processing Addendum.

10.7 You agree that we may collect and use (a) Service Usage Data and/or (b) any fake or computer-altered or generated imagery made available to us through your or your Users’ use of the Extension and/or Trial Services to help us provide updates, support or other services or monitor compliance with this Agreement. You agree that we may also use this information, data or imagery as long as it is in a form which does not personally identify you or a User, to improve our products and services.

11. Data protection

11.1 You and we shall at all times comply with our respective obligations in the data processing addendum the current version of which is available at: https://www.iproov.com/app-policies/firebase/data-processing-addendum (the “Data Processing Addendum)”, which is incorporated into and forms part of this Agreement.

12. Our Marks

12.1 All trade marks, logos and service marks (the “Marks”) which appear in connection with the Extension, the Trial Services, the Documentation or the Platform are our registered and unregistered Marks or are licensed for use by us by the owners of those Marks.

12.2 Nothing should be construed as granting any licence or right to use any Marks without our written permission.

13. Confidentiality

13.1 You shall keep our confidential information confidential. This includes all information (of any kind and in any format and coming into your knowledge, possession or control in any way) relating to our business, finance, know-how, intellectual property rights, assets, strategy, products and other customers, where the information is identified as confidential at the time of disclosure or ought reasonably to be considered confidential given its nature or how it was disclosed (“Confidential Information”). Confidential Information shall always be deemed to include any benchmarking reports, workings or analysis and/or opinions about product performance or any performance or functionality analysis prepared in respect of the Trial Services and/or Extension.

13.2 You shall only use our Confidential Information to use the Extension and/or Trial Services and will give us notice of any unauthorised misuse, disclosure, theft or loss of our Confidential Information promptly upon becoming aware of this.

13.3 You shall not without our prior written consent use, disclose, copy or modify our Confidential Information (or permit others to do so) other than as is strictly necessary for you to be able to do what you are permitted and/or required to do under this Agreement.

13.4 You may disclose our Confidential Information to your officers, employees, agents, professional advisers and contractors (and permit them to use, copy or modify our Confidential Information) as is strictly necessary for you to be able to do what you are permitted and/or required to do under this Agreement. Where disclosure to your officers, employees, agents, professional advisers and contractors is necessary, you shall ensure such persons are made aware of and agree in writing to observe these same confidentiality obligations and at all times comply with them.

13.5 You may disclose our Confidential Information as required by law. In the event that you become legally compelled to disclose any of the Confidential Information, then (to the extent permitted by law) you shall give us prompt written notice of the fact so that we may take such steps to prevent such disclosure as we deem appropriate and you shall co-operate with us in such manner as we may reasonably require.

14. Promises and disclaimers

14.1 To the maximum extent permitted by applicable law, you accept that the Trial Services and Extension are provided on an ‘AS IS’ basis, that any implied warranties including of merchantability, fitness for a particular purpose or non-infringement are excluded and that:

  • the Trial Service and the Extension may not be free of bugs or errors and that the existence of bugs or errors shall not constitute a breach of this Agreement;
  • the Trial Service and the Extension are trial versions of iProov’s products and services which are being made available free of charge and, as such, may not have all of the same security features or other functionality which is available in or offered as part of any versions or similar products or services which are available for commercial purchase;
  • you remain responsible for your own Application, hardware, content and any other data made available to us in connection with this Agreement or your use of the Extension and/or Trial Services; and
  • we accept no responsibility for any liability that arises in connection with the use of the Extension or Trial Services by any third party.

14.2 To the maximum extent permitted by applicable law, we:

  • make no promises and do not agree to any other terms and conditions (express, implied or statutory) in relation to the Extension or the Trial Services or about results to be obtained from using the Trial Services or the Extension; and
  • shall not be liable for any loss or damage arising out of any virus or other Malicious Code unless knowingly introduced by us.

15. Failures of networks, servers or hardware

15.1 The Trial Services and Extension rely on a number of things working properly to enable you to enjoy them including: (a) installing them or integrating them in accordance with available Documentation and (b) the compatibility of your Application. Many things such as compatibility with your Application and your device, internet connection and the availability of the Firebase platform are entirely outside of our control. We are not responsible to you if you are unable to use all or any part of the Extension or the Trial Services due to a bad internet connection or a fault with your device (e.g. a faulty camera) or anything else it is not reasonable to expect us to control.

16. External Services

16.1 The use of the Extension may involve you accessing services and/or websites that we do not own operate or control. Before using them, make sure you have read and agreed to the terms on which they or any components or software available through them are being offered to you. We are not responsible for any such third party websites or services or for any software, applications or code available through them.

17. Liability

17.1 Subject to the rest of this Clause 17 and given that we are allowing you access the Extension and Trial Services for free, if we are liable to you in relation to them, then:

  • if it relates to us having not met our obligations under the applicable law to protect your information or keep it secure or it relates to any obligation under applicable law that we cannot exclude (or limit), we accept that liability in full as required by law; and
  • if it relates to anything else, our liability shall be limited to £50, in the aggregate.

17.2 We shall not be liable to you for any loss of profits, business, contracts, anticipated savings, goodwill, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these are direct, indirect or consequential), or any indirect or consequential loss or damage whatsoever, arising under or in connection with this Agreement, even if we were aware of the possibility that such loss or damage might be incurred by you.

17.3 We do not exclude or limit any liability to the extent the same cannot be excluded or limited by law (such as fraud, fraudulent misrepresentation, or personal injury resulting from our or our employees’ negligence).

17.4 Other than as expressly stated, the limitations and exclusions of liability above apply to all losses, damages, liabilities and claims howsoever arising, including in negligence or otherwise.

18. Data Protection

18.1 You shall ensure that (a) the use of the Extension and/or Trial Services pursuant to this Agreement (including by any User) is consistent with all applicable laws and regulations (including applicable data protection or privacy laws), (b) all consents and permissions necessary to enable us to lawfully process information supplied by you or any User in connection with the Extension and/or Trial Services (including any personal data, images and metadata) are obtained and maintained, (c) you comply with your obligations under the Data Processing Addendum, and (d) you shall comply and ensure that each User complies with all laws and regulations which relate to the use of the Extension and/or Trial Services or the provision of the Trial Services.

19. Indemnification

19.1 You agree to indemnify us against all losses, damages and costs that we may suffer related to:

  • the Application or any material contributed by, originating from or input by you (including to the extent you modify or amend our Extension to integrate or install such for use in connection with any Application) infringing the intellectual property rights of anyone (including us); and
  • any breach by you of any promise or non-performance of any of your obligations under this Agreement..


19.2 This means that, in these particular circumstances, you will fully reimburse us for any losses on a ‘£’ for ‘£’ basis, without us having to take steps to avoid or minimise our loss or to prove this is direct or foreseeable.

20. Termination

2o.1 If you breach this Agreement, your rights to use the Extension and the Trial Services will automatically terminate, and we can shut down or restrict your access to the Trial Services.

20.2 Otherwise, the licences granted by us under this Agreement will continue until we terminate your use (which we may do at any time for any reason and without notice given we are providing the Extension and Trial Services for free).

20.3 Your obligations relating to the Acceptable Use Policy, data protection, security, and confidentiality and the indemnities and licences granted by you and the limitations and exclusions of liability set out in this Agreement and any other provisions expressed or implied to survive will continue even after this Agreement has ended, for any reason.

21. Anti-Corruption and International Trade Laws.

21.1 You will comply with all applicable anti-corruption, anti-money laundering, economic and trade sanctions, export controls, and other international trade laws, regulations, and governmental orders (collectively, “Anti-Corruption and Trade Laws”) in the jurisdictions that apply directly or indirectly to the Extension and/or Trial Services, including, without limitation, the United States, and (b) represent that you have not made, offered, promised to make, or authorised any payment or anything of value in violation of Anti-Corruption and Trade Laws.

21.2 At all times during this Agreement, you represent and warrant that you shall:

    • not contravene any Anti-Corruption and Trade Laws; and
    • not do, or omit to do, any act that will cause or lead to us contravening any Anti-Corruption and Trade Laws; and
    • not use the Extension or Trial Services or make them available in any of the following: Cuba, Iran, North Korea, Syria, the Crimea Region, the Donetsk People’s Republic and/or the Luhansk People’s Republic located in Ukraine or Russia.

21.3 You must promptly notify us in writing of any actual or potential violation of Anti-Corruption and Trade Laws in connection with the use of the Extension and/or Trial Services and take all appropriate steps to stop such violations, including any steps requested by us.

21.4 If applicable, you represent that you have obtained, and warrant that you will continue to obtain, all licenses or other authorisations required to export, re-export, or transfer the Extension and/or Trial Services.

21.5 Each party represents that it (and in your case, also your Users) is not on any government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”).

21.6 You will immediately (i) discontinue your use of the Extension and Trial Services if you become placed on any Sanctions List and (ii) remove your Users’ access to the Trial Services if any User is placed on any Sanctions List.

22. Other

21.1 Nothing in this Agreement shall be deemed to constitute a partnership, or create a relationship of principal and agent between you and us, for any purpose.

21.2 This Agreement does not confer any benefits on any third party (including your Users or group companies) unless it expressly states that it does.

21.3 In the event that any provision or part provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision (or part of it) will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of this Agreement will continue in full force and effect.

23. Governing law and jurisdiction

23.1 This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be:

  • governed by, and construed in accordance with, the laws of England and Wales; and
  • subject to the non-exclusive jurisdiction of the courts of England and Wales.