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Terms of Service

Last updated: January 18, 2026

1. Acceptance of Terms

By accessing or using OpenKYC Africa's services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

These Terms apply to all users, including businesses ("Clients") using our API and individuals ("End Users") undergoing KYC verification.

2. Description of Services

OpenKYC provides AI-powered identity verification services, including but not limited to:

  • Facial recognition and verification
  • Document verification (ID cards, passports, driver's licenses)
  • Liveness detection
  • Address verification
  • Fraud detection and prevention
  • API access for integration

3. Account Registration

3.1 Business Clients

  • You must provide accurate and complete registration information
  • You are responsible for maintaining the confidentiality of your API keys
  • You must notify us immediately of any unauthorized access
  • You must be at least 18 years old and have authority to bind your organization

3.2 End Users

  • You must provide accurate identity information and documents
  • You must only submit documents that belong to you
  • You must not attempt to deceive or defraud our verification systems

4. Acceptable Use Policy

You agree NOT to:

  • Use our Services for any illegal purpose
  • Submit fraudulent, forged, or stolen identity documents
  • Attempt to circumvent our fraud detection systems
  • Use automated systems to abuse our API
  • Reverse engineer or attempt to extract our algorithms
  • Interfere with the security or integrity of our Services
  • Share your API keys with unauthorized parties
  • Use our Services to discriminate against any individual
  • Resell our Services without authorization

5. Fees and Payment

5.1 Pricing

Fees for our Services are as described on our Pricing page. We may update pricing with 30 days' notice.

5.2 Payment Terms

  • Business plans are billed monthly in advance
  • Pay-per-verification charges are billed monthly in arrears
  • All fees are non-refundable unless otherwise stated
  • We accept major credit cards and bank transfers

5.3 Late Payment

Accounts with overdue payments may have their access suspended. We reserve the right to charge interest on late payments at 1.5% per month.

6. Service Level Agreement

For paid plans, we commit to:

  • Uptime: 99.9% availability (excluding scheduled maintenance)
  • Response Time: API response within 5 seconds for 95% of requests
  • Support: Response within 24 hours for Business plans, 4 hours for Enterprise

If we fail to meet these commitments, you may be eligible for service credits as outlined in your plan agreement.

7. Data Processing

7.1 For Business Clients

You acknowledge that:

  • You have obtained proper consent from End Users for KYC verification
  • You will only submit data you are authorized to process
  • You will comply with all applicable data protection laws
  • We act as a Data Processor on your behalf

7.2 Data Handling

Our data processing practices are detailed in our Privacy Policy and GDPR Policy.

8. Intellectual Property

All intellectual property rights in our Services, including but not limited to software, algorithms, trademarks, and documentation, remain our exclusive property.

You are granted a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.

9. Confidentiality

Both parties agree to:

  • Keep confidential information strictly confidential
  • Not disclose confidential information to third parties without consent
  • Use confidential information only for the purposes of these Terms

Confidential information includes API keys, pricing agreements, and business data.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

  • Our Services will perform substantially as described
  • We will use reasonable care and skill in providing our Services
  • We will comply with applicable laws and regulations

10.2 Disclaimers

EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that our Services will be uninterrupted or error-free
  • Warranties regarding the accuracy of verification results

Our verification results are recommendations only. Final decisions regarding user verification remain with you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
  • We shall not be liable for indirect, incidental, special, or consequential damages
  • We shall not be liable for loss of profits, data, or business opportunities

These limitations apply regardless of the theory of liability (contract, tort, or otherwise).

12. Indemnification

You agree to indemnify and hold harmless OpenKYC Africa, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

  • Your violation of these Terms
  • Your misuse of our Services
  • Your violation of any third-party rights
  • Your failure to comply with applicable laws

13. Termination

13.1 By You

You may terminate your account at any time by contacting us. No refunds will be provided for prepaid fees.

13.2 By Us

We may suspend or terminate your account if:

  • You breach these Terms
  • We are required to do so by law
  • We reasonably believe your use poses a risk to our Services or other users

13.3 Effect of Termination

Upon termination:

  • Your access to our Services will cease immediately
  • We will retain your data as required by law
  • Sections regarding confidentiality, liability, and indemnification survive termination

14. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or prominent website notice. Continued use of our Services after changes constitutes acceptance of the modified Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of Zimbabwe. Any disputes shall be resolved through:

  1. Good faith negotiation
  2. Mediation in Harare, Zimbabwe
  3. Binding arbitration under AFSA rules

You waive any right to participate in class action lawsuits against us.

16. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and OpenKYC Africa
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect
  • Waiver: Failure to enforce any provision does not constitute a waiver
  • Assignment: You may not assign these Terms without our consent

17. Contact Information

For questions about these Terms, please contact:

OpenKYC Africa
Email: legal@openkyc.africa
Address: 123 Samora Machel Avenue, Harare, Zimbabwe

By using OpenKYC Africa's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.