Terms of Service

VerifyKit (“VerifyKit” “our,” “we,” or “us”) provides an alternative channel for user and account authentication optimising the efficiency of the new customer and online account verification onboarding process.

Please read our Terms of Service so you can clearly understand how we operate and what conduct we expect from you when using our service. You agree to our Terms of Service (“Terms”) by accessing, or using the VerifyKit SDK, features, software, or website (together, “Services”).

On the condition that you comply with all your obligations under these Terms, including, but not limited to, the Developer Code of Conduct listed below, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to utilise our Services.

Any other use contrary to our purpose is strictly prohibited and a violation of the Terms. We reserve all rights not expressly granted in the Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our Services, and all related items.

Last modified: 07 July 2022

Termination

The license for use of the Services provided herein is effective until terminated. You may terminate your license at any time by not accessing or accepting the conditions of our Services. This license will terminate upon conditions set forth elsewhere within the Terms or if you fail to comply with any of the Terms. In such event, no notice shall be required by us to affect such termination.

Eligibility

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you:

are 18 years of age or older;
are not currently residing in a prohibited territory restricted from the Services
have full power and authority to enter into our Terms;
will not violate any rights of VerifyKit including intellectual property rights such as copyright or trademark rights; and
agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

Privacy

You acknowledge that you have read our Privacy Policy and the Clarification Statement Regarding the Processing of Personal Data. Our most recent updated Privacy Policy and the Clarification Statement Regarding the Processing of Personal Data can be found here.

Developer Code of Conduct

Any fraudulent, abusive, or otherwise illegal activity, or violation of our Developer Code of Conduct is grounds for termination at our sole discretion and we may suspend your access to our services, and also you may be reported to appropriate authorities. We do not tolerate any of the following conduct:

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Services;
Adapt, modify or create derivative works based on the Services or any underlying technology;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Services;
Collect, use, copy, sell, distribute or transfer any information, including, but not limited to, Personally Identifiable Information obtained our Services except as expressly permitted in the Terms or as the owner of such information may expressly permit;
Use manual or automated software, devices, scripts, bots, robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or to add or download contacts;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; and
Engage in any action that directly or indirectly interferes with the integrity of our Services, including but not limited to any attempts to access or hack our servers or network;
Upload an inappropriate profile name, profile photo while using WhatsApp business account via our Services

Indemnification

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with our Terms, including, without limitation, that anything you submit or contribute violate the rights of any third party or applicable laws; (2) any use or content you submit via our Services; (3) any activity in which you engage on or through the Services and (4) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim.

For the avoidance of doubt, you hereby agree and undertake that the user data shared with us in any way is duly collected, processed and transferred to us by you in accordance with the provisions of the applicable legislation, and that you have informed the relevant persons in advance about the transfer to be made to us, and you have obtained the express consents of the persons concerned in advance by duly clarification in accordance with the provisions of the applicable legislation, that VerifyKit can process, use and share the said personal data in domestic and abroad region according to the services we can provide, as stated in our Privacy Policy and our Clarification Statement on the Processing of Personal Data and we declare that VerifyKit has no responsibility in this regard. Within this regard, you hereby confirm and undertake that you are aware that you are responsible and liable for all requests, applications, compensations and complaints within the scope of the data of your users, which you shared with us so that we can provide services to you and whose explicit consent has been received by you after duly clarification in accordance with the provisions of the applicable legislation, and that VerifyKit has no responsibility for any requests, including but not limited to claims, applications, compensations, complaints received by VerifyKit in this regard, and we reserve our right of recourse to you for any damages we may suffer if VerifyKit is subject to any judicial and/or administrative sanctions in this regard.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND VERIFYKIT, OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VERIFYKIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, QUIET ENJOYMENT OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VERIFYKIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR AVAILABLE ON, IN OR THROUGH VERIFYKIT AND OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR OUR SERVICES OR THE SERVERS THAT MAKE SUCH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VERIFYKIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALTHOUGH VERIFYKIT MAKES EFFORTS TO PREVENT PERSONALLY IDENTIFIABLE INFORMATION FROM BEING DISCLOSED, VERIFYKIT MAKES NO WARRANTY FOROTHER USERS WHO SUBMIT CONTACT INFORMATION FOR YOU AND OTHERS.AS PART OF THE CUSTOMER VERIFICATION ASPECT OF OUR SERVICES, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE, WE MAY INCLUDE LINKS TO OTHER THIRD PARTIES AND THAT VERIFYKIT HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR CONDUCT OF SUCH THIRD PARTIES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US RELATED TO THIRD PARTIES.

Limitation of Liability

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY TURKISH LAW.

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SERVICES OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.

WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR INABILITY TO USE THE VERIFYKIT SERVICES.

Misuse of our Services

VerifyKit along with its respective partners and affiliates reserve the right to investigate suspected violations of our Terms and may seek to gather information from the Developer or User who is suspected of violation, and from any other user. We will collect and use any such information in accordance with our Privacy Policy and the Clarification Statement Regarding the Processing of Personal Data.

In its sole discretion, we may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse for example may include, without limitation, creating multiple or false accounts; infringing any intellectual property rights, violating any aspect of the Developer Code of Conduct, or any other behaviour that VerifyKit, in its sole discretion, deems inappropriate.

BY ACCEPTING OUR TERMS OF USE, YOU WAIVE AND HOLD HARMLESS VERIFYKIT, ITS RESPECTIVE PARTNERS AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VERIFYKIT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VERIFYKIT OR LAW ENFORCEMENT AUTHORITIES.

General Terms

Terms of use
1. Please read these General Terms carefully before you start to use our Services.
2. By using our Services, you confirm that you accept our Terms and that you agree to comply with them.
3. If you do not agree to these terms of use, please do not integrate, install or register for the VerifyKit Services.
Other applicable terms
1. Your use of our Services is subject to these terms in their entirety and by using our Services you agree to be bound by them.
2. You need to register with us to fully access our Services and provide as a minimum a registered company name, real name, e-mail address, and mobile number. The details provided by you on registration or changed at any later time must be correct and complete.
3. Our use of your personal information is governed by our Privacy Policy and the Clarification Statement Regarding the Processing of Personal Data found here.
Payment and Scope of Services
In order to make a payment, we provide our users a top-up payment system which is integrated with a third-party payment provider.

Our top-up payment system works as with pay-as-you-go system; whereby you can add at your discretion the desired amount of credit to your account by using your credit card.

We do not store any personal information or credit and debit card details when you use them for a transaction. We expect you to submit your payment card's 3-digit security number (CVV) and expiry date each time you need to make a payment for your safety. As these details are not stored you must provide them for any future purchase. Any monetary claims will be resolved by our third-party processor. Please see our Privacy Policy and the Clarification Statement Regarding the Processing of Personal Data for more information about how your credit card information and personal data is collected and stored.

We would like to point out that our verification service can be used by your users in various ways:

If you prefer to use VerifyKit via WhatsApp for verification purposes, depending on your preference, you may choose either (i) our standard service via VerifyKit WhatsApp Business account or (ii) purchasing of additional service of WhatsApp Business Account via VerifyKit with a Special WhatsApp Number to be allocated for you.

In respect of the WhatsApp verifications conducted with our VerifyKit standard service, mobile phone number of your users are being verified via the VerifyKit WhatsApp Business Account. In contrast, in respect of WhatsApp Business Account in the name of your brand purchased through VerifyKit, verifications are made via a Special WhatsApp Number exclusively allocated to your brand.

Each verification transaction is charged pursuant to the fee policy determined by WhatsApp LLC for each country. In case you use a Special WhatsApp Number, server service fee shall also apply on the basis of your monthly verification amount, in addition to the fees to be applied per each verification.

Server service fee varies in accordance with the WhatsApp verification amount and we will charge you an additional server fee for every 100.000 verification. If you wish to verify via SMS instead of using WhatsApp, we will charge you per SMS for each verification. SMS fees may vary depending on your location, SMS receiving country and operator.

In addition to the above verification method, we also have the following verification services for your users to use:

WhatsApp OTP: Your users will be able to complete the verification process by entering the one-time code they will receive via WhatsApp in the relevant step on the VerifyKit screen.

Verify by SMS: Your users will be able to complete the verification process by entering the one-time code they will receive via SMS in the relevant step on the VerifyKit screen.

Inbound SMS: Your users will be able to verify their numbers by sending the one-time code generated by VerifyKit to their VerifyKit number via SMS. In this method, a message will be sent by your users. For this reason, your users may be charged according to their own tariff.

Flashcall: Your Android users who give call permission will be able to complete the number verification process by receiving a short call for a few seconds. We would like to point out that in this method, the user's phone will not ring and a counter will be completed on the VerifyKit screen during the call phase.

Outbound Call: VerifyKit will drop a call to your Android and iOS users from a number that belongs to it. Your users will complete the verification process by entering the caller's number or a few digits of that number on the screen. We would like to point out that in this method, a call occurs so short that the user cannot answer the phone. Even if your user picks up the phone, the call will end immediately. Although the call will be terminated immediately if the users pick up the phone, your users may be billed for the said short call.

Verification services offered (for example, our Flashcall and Outbound Call and Verify by SMS and Inbound SMS services) are performed by third party service and intermediary service providers in domestic and abroad region.

We would like to point out that our Flashcall, Outbound Call and Inbound SMS prices may vary depending on the country and operator, as is the case with Verify by SMS and WhatsApp verification.

You can find our price list for detailed information once you create a VerifyKit account.You can find our Purchase Policy here for more information.
Severability
1. Each of the provisions of these Terms are distinct and severable from the others. If at any time one or more of those provisions is or become invalid, unlawful or unenforceable (whether wholly or partly), the validity, lawfulness and enforceability of the remaining provisions (or the same provision to any other extent) will not be affected or impaired in any way.
2. We may agree to amend these Terms of use in order to ensure the terms are valid, lawful and enforceable.
Information about us
1. VerifyKit are registered in the Republic of Turkey under the company Verifykit Yazılım A.Ş.
Changes to these terms
1. We may revise these Terms at any time by amending this page.
2. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Accuracy of our Services
1. We cannot guarantee that our Services, or any content on it, will be free from errors or omissions.
Accessing our Services
1. We do not guarantee that our Services will always be available or be uninterrupted.
2. You are responsible for making all arrangements necessary for you to have access to our Services.
3. We do not represent that our Services will be available in other locations. We may limit the availability of our Services or specific functionality to any user or geographic area at any time. If you choose to access our Services from a prohibited jurisdiction, you do so at your own risk.
Intellectual property rights
1. For the purposes of these Terms, "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
2. Our Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws.
3. Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that has a detrimental effect on VerifyKit. All other trademarks not owned by us that may appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Viruses
1. We do not guarantee that our site will be secure or free from bugs or viruses.
2. You are responsible for configuring your mobile device in order to access our Services. You should ensure your hardware is adequately protected with suitably updated virus protection software.
Third party links
1. Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only.
2. We have no control over the contents of those third-party sites or resources.
Applicable law
1. You and we both agree to that this Terms of Service is subject to Turkish Law and the courts of the Republic of Turkey will have exclusive jurisdiction.
Accessing our Terms in different languages
1. We provide our Services internationally; additional Terms of Services may apply to Users in different jurisdictions and where possible we do our best to offer localised Terms for your territory. Please check for our Terms in other languages on our site or in application if available. If not available, our Terms will default to the English language version.
Contact us
To contact us, please email info@verifykit.com