Terms & Conditions

4Access Proprietary

Application and Acceptance of Terms

The following terms and conditions of use (these 'Terms of Use') are terms of a legal agreement between you and 4Access ('4Access') and govern the terms and conditions of your use of and access to 4Access’s websites and online information. By accessing, browsing and/or using this site and associated websites, online properties and links (collectively, the 'Site'), you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations, including RSA export and re-export control laws and regulations. If you do not agree to these Terms of Use, do not use the Site.

The Site is controlled and operated by 4Access or its subsidiaries or affiliates from its offices within South Africa. 4Access makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

The 4Access desktop and mobile device application and the related software (the 'Application', or the 'App') is to be used exclusively in connection with 4Access’s 4Identiy or 4Verification service (together with the Application, the 'Service'). 4Access offers the Service only to legal entities ('Customers') who have entered into a binding agreement with 4Access (a 'Customer Agreement').

THIS END USER LICENSE AGREEMENT (THIS 'AGREEMENT') SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND 4ACCESS CONCERNING YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO AND ACCEPT THIS AGREEMENT. YOU MAY USE THE SERVICE ONLY IN ACCORDANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, YOU SHALL NOT BE ENTITLED TO USE THE SERVICE.

1. SERVICE AND RESTRICTIONS.

1.1 4Access shall provide the Service, including the Application, to you only for the term of the Customer Agreement (the 'Term'). During the Term or otherwise, you shall not: (i) modify, disassemble, decompile or reverse engineer the Service, including the Application, except to the extent that such restriction is expressly prohibited by law; (ii) share, rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party or use the Service to provide time sharing or similar services for any third party; (iii) make any copies of the Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; or (v) delete the copyright and other proprietary rights notices on the Service.

1.2 During the Term, 4Access grants you a non-exclusive, non-transferable, revocable license to use the Application for use with the Service. With respect to any open source or third-party code that may be incorporated in the Application, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant under this Agreement is not a sale of the Application or any copy thereof and 4Access or its third party partners or suppliers retain all right, title, and interest in the Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. 4Access reserves all rights not expressly granted under this Agreement.

2. OWNERSHIP. All right, title, and interest in the Service, the Application and in any ideas, know-how, code, derivative works or intellectual property associated therewith, including without limitation any enhancements or modifications made to the Service or the Application by any person (however employed or associated) shall at all times remain solely and exclusively the property of 4Access.
3. FEES AND CHARGES. 4Access reserves the right to charge fees for use of the Service. As a user, 4Access will not charge you any fees for your use of the Service without your permission. You may cease using the Service at any time.

License and Use Restrictions

Except as otherwise provided on the Site, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to 4Access or another party that has licensed their material to 4Access. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. Subject to these Terms of Use, 4Access grants to you a limited, nonexclusive right to access and make personal use of the Site and the materials and information contained on the Site. Except as stated herein, none of the material or information on the Site may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of 4Access or the copyright owner. You may not use the Site or any of the material or information contained on the Site for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without 4Access's permission, 'mirror' any material contained on the Site on any other server. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, you may copy, distribute and download the materials on the Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

Disclaimers

The Site and all information and material contained on the Site or made available through the Site are provided on an 'as is' and 'as available' basis. Any software made available on the Site is warranted, if at all, only according to the additional terms and conditions that accompany the software. 4Access makes no other representations or warranties of any kind whatsoever and disclaims all other warranties and representations, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, accuracy, noninfringement or operation. 4Access does not guarantee the Site and the material and information contained on the Site will be without error or defect. You agree that you take full responsibility for your use of the Site.

Indemnification

You agree to indemnify, defend, and hold harmless 4Access and its parent companies, affiliates, subsidiaries, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

Privacy

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4Access’s Privacy Policy will apply to your use of the Site. You acknowledge and agree that you are responsible at all times for maintaining the confidentiality and protection of your account and password information if such information is applicable to your use of the Site. You are also responsible for adequately restricting the use and access to your computer, smartphone, or other device used to access the Site and all activity that occurs under your account due to your failure to protect such information.

Governing Law

You agree that any claim relating to the Site and the materials contained on the Site and related to your access and use of the Site will be governed by the laws of South Africa without regard to conflicts of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa.

Term of Use Revisions

4Access may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then current Terms of Use to which you are bound.

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Warranty Disclaimers

1.1. Warranty Disclaimers. For the purposes of this IDaaS Schedule, the following is added to the disclaimer of warranties in the General Terms: 4Access makes no representations, conditions or warranties: (i) that the 4Access Technology will be free of harmful components; (ii) that Authentication Records, Customer Data, Profiles, Personal Data, and/or Service Data or any other Customer content or data stored in, transferred to or from, or otherwise processed by the 4Access Technology, including in transit, will not be damaged, stolen, accessed without authorization, compromised, altered, or lost.

2. Indemnities.

2.1. In addition to the indemnification obligations in the General Terms, Customer agrees to defend, indemnify and hold harmless 4Access, its Affiliates and licensors, and each of their respective employees, officers, directors, and representatives against any and all third party claims, demands, suits or proceedings, fines, costs, damages, losses, settlement fees, and expenses (including investigation costs and attorney fees and disbursements) arising out of or related to: (i) Customer’s breach of Section 5 (Data and Privacy); (ii) the Customer Data, Personal Data, or Excluded Data provided by the Customer or its Users; (iii) a violation of applicable law by Customer or its Users, or in relation to Customer Data; (iv) an allegation that the Customer Data, including written material, images, logos or other content uploaded to the 4Access Technology through the Customer Account, infringes or misappropriates a third party’s intellectual property rights; (v) a dispute between Customer and any User, or a claim by a User; (vi) the injury to or death of any individual, or any loss of or damage to real or tangible personal property, caused by the act or omission of Customer; or (vii) Customer use of the 4Access Technology in breach of 3.1 (Evaluation Purposes), or 3.2 (Not-For-Resale (NFR) Purposes) (each of (i)-(vii), an additional 'Customer Indemnified Claim' as such term is used in the General Terms).

3. Term, Termination and Suspension.

3.1. Term. The Hosted Service is sold on a subscription basis. Unless otherwise specified on the Order, the Offering Term for the Hosted Service will commence on the date that the Order is accepted by 4Access and will continue in effect for the period specified in the Order (or until the date the Trial Period or NFR Period expires), unless terminated in accordance with the Agreement. 3.2. Termination. In addition to the termination rights in the General Terms, 4Access may terminate the Agreement for the Hosted Service (i) if Customer commits a material breach of this IDaaS Schedule and fails to remedy such material breach within 30 days (or such longer period as 4Access may approve in writing) after delivery of the breach notice; and (ii) for any reason by providing Customer advance notice of at least 1 year, unless 4Access discontinues the general commercial availability of the Hosted Service, in which case 4Access may terminate the Agreement upon 180 days’ notice to Customer.

3.3. Termination or Suspension by 4Access. 4Access may, at its sole discretion, suspend or terminate Users’ access to the 4Access Technology at any time, without advanced notice, if:

in a way that subjects 4Access to potential liability or interferes with the use of the 4Access Technology by other 4Access customers or users; (ii) 4Access deems it reasonably necessary to do so to respond to any actual or potential security concerns, including, without limitation, the security of other 4Access customers’ or users’ information or data processed by the 4Access Technology; or (iii) 4Access reasonably concludes that Customer or Users are violating applicable laws, rules or regulations. 4Access may also, without notice, suspend Customer’s or User’s access to the 4Access Technology for scheduled or emergency maintenance. Termination of the Agreement will result in termination of all Orders.

3.4. Effects of Termination. Without limiting the generality of the effects of termination set out in the General Terms, upon termination or expiration of the Hosted Service, 4Access will have no further obligation to provide the 4Access Technology, Customer will immediately cease all use of the 4Access Technology, and Customer will return all copies of Confidential Information to Discloser or certify, in writing, the destruction thereof, destroy any copies of Documentation, and delete any Software in its possession or control. Termination is without prejudice to any right or remedy that may have accrued or be accruing to either party prior to termination. Any provision of this Agreement which contemplates or requires performance after the termination of this Agreement or that must survive to fulfill its essential purpose, including the terms of this Section (Effects of Termination), confidentiality, disclaimers, limitations and exclusions of liability, and any payment obligations, will survive the termination and continue in full force and effect until completely performed. Termination or expiration (non-renewal) of the Agreement also terminates all Special Terms and Conditions and the parties’ ability to enter into any new Orders (including Orders to renew). Termination is without prejudice to any right or remedy that may have accrued or be accruing to either party prior to termination. Termination will not relieve Customer (directly or through an authorized reseller) from any obligation to pay 4Access any and all fees or other amounts due under the Agreement.

4. Miscellaneous.

4.1.Order of Precedence. In the event of a conflict or differences between this IDaaS Schedule and Special Terms and Conditions, the Special Terms and Conditions will prevail over any conflicting provisions.

4.2.Publicity. Customer agrees to participate in 4Access’s press announcements, case studies, trade shows, or other marketing reasonably requested by 4Access. During the Term and for thirty (30) days thereafter, Customer grants 4Access the right, free of charge, to use Customer’s name and/or logo, worldwide, to identify Customer as such on 4Access’s website or other marketing or advertising materials.

4.3.Extensions and Third-Party Integrations. Customer’s use of any Extension shall be subject to a separate end user license agreement (or other applicable agreement) between Customer and 4Access (or one of its Affiliates). Customer’s use of any Third-Party Integration shall be subject to the separate end user license agreement (or other applicable agreement) between Customer with the relevant third party (e.g. service provider that provides the service which is the subject of the Third-Party Integration).

4.4.Compliance with Applicable Laws. In addition to Customer’s compliance obligations in the General Terms, Customer is responsible for ensuring that its use of the 4Access Technology, any Extensions, and any Third Party Integrations, complies with, and Customer will comply with its obligations under all applicable laws, rules or regulations, including, without limitation, all applicable privacy and data protection laws, rules or regulations governing the protection and transfer of Authentication Records, Customer Data and Profiles (including all Personal Data contained therein), and/or Service Data.

4.5. Amendment. This IDaaS Schedule may be amended by 4Access from time to time by posting a new version on its website, and such new version will become effective on the date it is posted except that if 4Access modifies this IDaaS Schedule in a manner which materially reduces Customer’s rights or increases Customer’s obligations and such changes are not required for 4Access to comply with applicable laws, the changes will become effective sixty (60) days after 4Access provides Customer written notice of changes (email or posting notice at the Hosted Service portal to suffice as adequate notice). If Customer objects in writing during that sixty (60) day period, the changes to this IDaaS Schedule will become effective at the end of Customer’s current subscription term.

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Identity Verification Special Terms and Conditions

These Identity Verification Special Terms and Conditions ('ID Verification Special Terms') are attached to the IDaaS Schedule, and contain the terms and conditions that govern access to and use of Identity Verification (as defined herein). Capitalized terms not defined in Section 1 herein or elsewhere in these ID Verification Special Terms shall have the meaning set out in the IDaaS Schedule. References to articles or sections herein shall be to articles or sections in these ID Verification Special Terms unless otherwise expressly stated. Provisions in these ID Verification Special Terms will prevail with respect to Identity Verification over any conflicting provision in the IDaaS Schedule.

1. DEFINITIONS. 1.1. 'Customer Application' means the application developed by Customer pursuant to the SDK License (as defined herein) to be used to access and use Identity Verification.

1.2. 'Customer Data', in addition to its meaning in the IDaaS Schedule, with respect to Identity Verification means Device Information, Risk Information, Identity Verification Results, as well as data or information collected using the Customer Application

1.3. 'Database' means the centralized Global Intelligence Platform owned, operated and maintained by 4Access (or its service providers) which contains Device Information and associated information including Risk information.

1.4. 'Device' means a particular computer, mobile phone, desktop, tablet or other computing device.

1.5. 'Device Information' means a set of Device attributes and characteristics that are designed to identify a particular Device.

1.6. 'Identity Verification' means the Identity Verification functionality which forms part of the Hosted Service (if such functionality is selected by Customer and approved by 4Access in an Order).

1.7. 'Identity Verification SLA' means the 4Access’s service level agreement specific to Identity Verification, as set out in Attachment A to these ID Verification Special Terms.

1.8. 'Response' means the recommendation, including Risk Information, returned by Identity Verification about a Device which has been evaluated by Identity Verification.

1.9. 'Risk' means risk including, without limitation, transaction, abuse, reputation and fraud risk.

1.10. 'Risk Information' means information relating to specific Risk(s).

1.11. 'SDK License' means the 4Access Mobile ID Verification SDK License through which Customer may obtain a license to use the Mobile ID Verification software development toolkit. The SDK License is not a part of the Agreement.

1.12. 'User' has the meaning set out in the General Terms, and in these ID Verification Special Terms includes any individual end user who accesses and/or uses Identity Verification through the Customer Account, via the Customer Application.

2. USE OF Identity Verification.

2.1. Grant of License. Subject to Customer’s compliance with the Agreement, 4Access grants to Customer, during the ID Verification Term (as defined herein), a worldwide, non-exclusive, nontransferable, non- sub-licensable right to, all in accordance with the Documentation, provide its User(s) with access to and/or use of Identity Verification, through the Customer Account, via the Customer Application:

2.1.1. for the purpose of authenticating the identity of a User, extracting identity information or data from the User’s identity document(s), and sending authentication results (resulting from (i) through (iv) above) to Customer ('Identity Verification Results'), and not for resale or any other commercial purpose;

2.1.2. for the purpose of collecting and processing Device Information and providing Responses to Customer.

2.2. Restrictions. Identity Verification shall not be available: (i) to MSPs or Tenants (as such terms are defined in the Managed Security Service Provider Special Terms and Conditions); and/or (ii) for not-for-resale (NFR) purposes

2.3. Service Levels. The sole remedies for any failure of Identity Verification are listed in the Identity Verification SLA. Service credits issued pursuant to the Identity Verification SLA, if any, will only be applied against the costs associated with Customer’s subsequent subscription renewal. 4Access is not required to issue refunds for or to make payments against such service credits under any circumstances.

3. CUSTOMER DATA & PRIVACY.

3.1. Service Regions. The Service Regions available for selection by Customer may be different for Identity Verification than for the main components of the Hosted Service, depending on the nature of the Customer Data, Personal Data, or Service Data (and the related 4Access hosting provider). With respect to the Customer Data and Personal Data that 4Access may collect pursuant to Identity Verification, Customer consents to the storage in and/or the transfer into, the Service Region(s) which the Customer has selected. Customer further grants to 4Access (or its Affiliates, and any of their respective applicable subcontractors and hosting providers), a world-wide, limited right, during the ID Verification Term, to host, copy, transmit and display Customer Data and Personal Data as reasonably necessary for 4Access (or its Affiliates, and any of their respective applicable subcontractors and hosting providers) to provide Identity Verification in accordance with the Agreement.

3.2. Excluded Data (Exception).

Notwithstanding the provisions set out in Section 12.2 of the General Terms, Identity Verification may involve the processing of Excluded Data. As such, Section 12.2 of the General Terms shall not apply with respect to any Excluded Data that is necessary or required in order for 4Access to provide Identity Verification to Customer and its Users pursuant to the Agreement, but only to the extent necessary or required. Customer acknowledges and agrees that the provisions of Section 12.2 of the General Terms shall continue to apply in all other cases, along with all other disclaimers, limitations and exclusions contained in the IDaaS Schedule.

3.3. Consents; Accuracy; Rights. Customer represents and warrants that, before authorizing a User to use Identity Verification and before providing Customer Data or Personal Data to 4Access, Customer will have provided and/or obtained the requisite rights, consents or permissions, and made all requisite disclosures (if any), to Users in accordance with all applicable laws, rules or regulations for the collection, use, and disclosure of the Customer Data or Personal Data contained therein, by 4Access (including any of its Affiliates, and any of their respective applicable subcontractors and hosting providers) in accordance with the Agreement. Customer further represents and warrants to 4Access that such Customer Data or Personal Data is accurate and up-to-date (and that Customer shall correct or update it as required), and that no Customer Data or Personal Data will violate or infringe (i) any third-party intellectual property, publicity, privacy or other rights; (ii) any applicable laws, rules or regulations or the AUP; or (iii) any third-party products or services terms and conditions. Customer will be fully responsible for any Customer Data or Personal Data submitted, uploaded, or otherwise provided to Identity Verification by any User as if it was submitted, uploaded, or otherwise provided by Customer. Customer is solely responsible for the accuracy, content and legality of all Customer Data and Personal Data.

3.4. Rights in Customer Data and Personal Data. As between the parties, Customer will retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data and Personal Data provided to 4Access. Subject to the terms of the Agreement, Customer hereby grants to 4Access a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data and Personal Data contained therein solely to the extent necessary to provide Identity Verification to Customer, and to sub-license such rights to any of 4Access’s applicable subcontractors.

3.5. Rights in Certain Data (Device Reputation). As between the parties, 4Access owns and will retain all right, title and interest (including but not limited to any copyright, patent, trade secret, trademark or other proprietary and/or intellectual property rights) in and to Identity Verification, and the Device Information, Database, and any Response. For clarity, the foregoing does not mean that 4Access owns or retains any right, title or interest in or to the data elements comprising the Device Information, the Database, or any Response. The foregoing is an acknowledgement that, as between the parties, 4Access will retain any right, title and interest it may have in the Device Information, Database, and any Response, as collective works. Customer acknowledges that the Device Information and the Database, as collective works, may be Confidential Information of 4Access.

4. CUSTOMER’S RESPONSIBILITIES, RESTRICTIONS & ACKNOWLEDGEMENTS.

4.1. Compliance with Laws. Customer represents, warrants and covenants that is shall (i) use commercially reasonable efforts to prevent unauthorized access to, or use of, Identity Verification and shall notify 4Access as soon as possible if it becomes aware of any unauthorized access or use of Identity Verification; (ii) use Identity Verification only for lawful purposes; (iii) not knowingly violate any law, rules or regulations of any country with its use of Identity Verification; and (iv) not knowingly violate the intellectual property rights of any third party with its use of Identity Verification.

4.2. Users; Identity Verification Access. . Customer is responsible and liable for: (a) handling, use, and/or consequences or impact of Results or Responses resulting from use of Identity Verification (e.g. impact on User’s credit rating or ability to open accounts or any other unfavorable impact).

5. TERM, TERMINATION & SUSPENSION.

5.1. Term. Unless otherwise specified in the Order that includes the subscription for Identity Verification, these ID Verification Special Terms will commence on the date the Order is accepted by 4Access, and will remain effective for the subscription period specified for Identity Verification in the Order, unless terminated earlier in accordance with the Agreement ('ID Verification Term'). Upon expiration of the ID Verification Term, Customer may elect to renew its subscription pursuant to these ID Verification Special Terms for an additional length of time, as set forth in an Order for renewal, in which case the ID Verification Term for Identity Verification will be extended to include such additional length of time upon payment of the applicable fees for the additional length of time, all as set out in the Order for renewal.

5.2. Termination or Suspension for Cause. 4Access may, at its sole discretion, suspend or terminate Customer’s and/or Users’ access to Identity Verification at any time, without advanced notice, if: (a) 4Access reasonably concludes that Customer and/or Users have conducted themselves in a way (i) that is not consistent with or violates the requirements of the AUP, the Documentation, or is otherwise in breach of the Agreement; or (ii) in a way that subjects 4Access to potential liability or interferes with the use of Identity Verification by other 4Access customers and/or users; (b) 4Access deems it reasonably necessary to do so to respond to any actual or potential security concerns, including, without limitation, the security of other 4Access customers’ and/or users’ information or data processed by Identity Verification; or (c) 4Access reasonably concludes that Customer and/or Users are violating applicable laws, rules or regulations. 4Access may also, without notice, suspend Customer’s and/or User’s access to Identity Verification for scheduled or emergency maintenance. Termination of these ID Verification Special Terms will not necessarily result in termination of the entire Agreement (e.g. if Customer has an Identity as a Service subscription then the IDaaS Schedule and the applicable Order may still be active).

5.3. Effects of Termination. Upon termination or expiration of these ID Verification Special Terms, 4Access will have no further obligation to provide Identity Verification to Customer, Customer will immediately cease all use of Identity Verification, and Customer will return all copies of Confidential Information to 4Access or certify, in writing, the destruction thereof, destroy any copies of Customer Data, Personal Data, Service Data, and Documentation (unless continued rights to use exist pursuant to the Agreement (e.g. if Customer continues to have an Identity as a Service subscription despite the termination or expiry to these ID Verification Special Terms). Termination is without prejudice to any right or remedy that may have accrued or be accruing to either party prior to termination. Any provision of this Agreement which contemplates or requires performance after the termination of this Agreement or that must survive to fulfill its essential purpose, including the terms of this Section (Effects of Termination), confidentiality, disclaimers, limitations and exclusions of liability, and any payment obligations, will survive the termination and continue in full force and effect until completely performed.

Page last updated: July 8, 2025.

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