Profiden
Legal

Terms of Service

Last updated: 1 January 2025

Summary: By using Profiden you agree to these terms. Please read them carefully. Key points: you own your data, we don't sell it, you must use our services lawfully, and we provide a 99.9% uptime SLA for paid plans.

1. Acceptance of Terms

By accessing or using the Profiden platform, API, or any related services (collectively, "Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you may not use our Services.

2. Description of Services

Profiden provides identity verification, background screening, KYC/KYB, AML screening, and B2B risk assessment services via a cloud-based platform and RESTful API. The specific features available to you depend on your chosen subscription plan.

3. Account Registration

You must register for an account to access most of our Services. You agree to: (a) provide accurate and complete registration information; (b) maintain the security of your account credentials; (c) notify us immediately of any unauthorised access; and (d) take responsibility for all activities that occur under your account.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations. You must not: (a) use our Services to verify individuals without obtaining proper consent as required by law; (b) attempt to reverse engineer, decompile, or disassemble the platform; (c) use the Services to harass, threaten, or discriminate against any individual; (d) resell or sublicense access to the platform without written permission; (e) introduce malware, viruses, or other harmful code; or (f) attempt to circumvent our rate limits, security measures, or access controls.

5. Data Ownership & Processing

You retain ownership of all personal data you submit to Profiden for verification. By using our Services, you grant us a limited licence to process this data solely to deliver the requested verification checks. We act as a data processor on your behalf for this purpose. You are responsible for ensuring you have the necessary legal basis and consent to submit personal data to our platform.

6. Confidentiality

Both parties agree to keep confidential any non-public information disclosed in connection with the use of the Services. This obligation does not apply to information that is: publicly available; independently developed; received from a third party without restriction; or required to be disclosed by law.

7. Intellectual Property

Profiden retains all intellectual property rights in the platform, including its software, design, algorithms, and documentation. Nothing in these Terms transfers ownership of any intellectual property to you. You may not copy, modify, or distribute any part of the platform without our written permission.

8. Fees & Payment

Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as specified in your agreement. We reserve the right to suspend your account if payment is not received within 10 days of the due date. Prices are subject to change with 30 days' notice.

9. Service Level Agreement

For paid plans, we commit to 99.9% monthly uptime for the Profiden platform (excluding scheduled maintenance). If we fail to meet this SLA, you are eligible for a service credit as described in your subscription agreement. The SLA does not apply to services outside our control, including third-party data sources.

10. Limitation of Liability

To the maximum extent permitted by law, Profiden shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits or data, arising out of your use of the Services. Our total cumulative liability shall not exceed the amount paid by you in the 12 months preceding the claim.

11. Warranties & Disclaimers

We warrant that we will provide the Services with reasonable care and skill. Our verification results are based on data available from third-party sources and are provided for informational purposes only. Profiden does not guarantee the completeness or accuracy of information returned from government or third-party databases, and we are not responsible for decisions made based on verification results.

12. Termination

Either party may terminate these Terms at any time with 30 days' written notice. We may terminate or suspend your account immediately if you breach these Terms or use the Services unlawfully. Upon termination, we will delete your data within 30 days unless retention is required by law.

13. Governing Law

These Terms are governed by the laws of India. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email at least 30 days before taking effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

15. Contact

For questions about these Terms, contact our legal team. Write to us at: Profiden Technologies Private Limited, 1216, Vipul Business Park, Sector 48, Gurugram, Haryana 122001, India.