These Terms of Use (“Agreement”) constitute a legally binding agreement between you and AgeChecker.Net (“AgeChecker.Net,” “we,” “us,” or “our”). This Agreement governs your access to and use of AgeChecker.Net’s age and identity verification platform and technology, our website (https://www.agechecker.net), and any related content, functionality, or services (collectively, the “Services”). Our Services are typically presented to you within the checkout process of a third-party online retailer (“Business Client”) to verify your age for the purchase of age-restricted products. Our Services act as a secure intermediary, collecting your information and transmitting it to third-party data sources to perform a verification check, and then reporting the results to the Business Client.

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, including by submitting your information into our verification platform, or by clicking to accept or agree to this Agreement when this option is presented to you, you accept and agree to be bound by this Agreement and our Privacy Policy, available here: Customer Privacy Policy (“Privacy Policy”), which is incorporated herein by reference. If you do not agree to this Agreement or the Privacy Policy, you must not access or use the Services and will not be able to complete your purchase of age-restricted goods from the Business Client.

By accessing and/or using the Services, you represent that you are of the legal age required to purchase the specific products offered by our Business Client in your jurisdiction. This age may be 18, 21, or another age as required by applicable federal, state, and local laws and the policies of the Business Client. Our Services are not directed to individuals who do not meet the applicable minimum age requirement. By using the Services, you represent and warrant that: (i) you can form a binding contract with us; (ii) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction; and (iii) you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

We may revise and update this Agreement from time to time at our sole discretion. All changes are effective immediately upon posting. Your continued use of the Services after such changes are posted signifies your acceptance of the updated Agreement.

Our Service is provided as a tool for our Business Clients to meet their legal compliance obligations. The settings, including minimum age requirements and whether a photo ID is required for every purchase, are determined by the Business Client and we cannot override them.

From time to time, interruptions, errors, delays, or other deficiencies in providing access to the Services may occur due to a variety of factors, some of which are outside of AgeChecker.Net’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Services (“Downtime”). You acknowledge that part or all of the Services may be unavailable during any such period of Downtime.

You may use the Services only for lawful purposes and for the explicit purpose of verifying your own age and identity. You agree not to:

• Use the Services in any manner contrary to local, state, federal, or international laws.
• Provide any false, misleading, or inaccurate information, including your name, date of birth, address, or any information on a government-issued ID.
• Submit, upload, or transmit an image of a government-issued ID that is forged, altered, not your own, or otherwise fraudulent.
• Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted materials, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without our prior written consent.
• Use any robot, bot, spider, crawler, scraper, site search / retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or their content.
• Use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to the Services.
• Upload viruses or other malicious code or otherwise compromise the security of the Services.
• “Frame” or “mirror” any part of the Services without our prior written consent.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or cause others to do so.
• Use or develop any third-party application that interacts with the Services without our prior written consent.
• Probe, scan, or test the vulnerability of our Services or any system or network.
• Encourage or promote any activity that violates this Agreement.
• Impersonate any person or misrepresent your affiliation or identity.

Our Services require you to submit personal information for verification. This may include your name, address, date of birth, and, if our automated verification is unsuccessful, an image of your government-issued photo ID ("Verification Data"). This is not considered a "User Contribution" for public display.

You represent and warrant that all Verification Data you provide is true, accurate, current, and complete, and that any photo ID you submit is a valid, un-altered, government-issued document belonging to you. By submitting your Verification Data, you expressly authorize AgeChecker.Net to securely transmit this data to its third-party verification partners and to share the results and an audit log of the data with the Business Client from whom you are making a purchase, all for the purpose of completing the age and identity verification.

We have the right to:

• Refuse to process any verification attempt that we, in our sole discretion, believe may be fraudulent or in violation of this Agreement.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services, such as the submission of a fraudulent ID.
• Terminate or suspend your access to the Services for any violation of this Agreement.
• YOU AGREE THAT YOU WAIVE AND HOLD HARMLESS AgeChecker.Net, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS ARISING OUT OF OR RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

In alignment with the Digital Millennium Copyright Act (“DMCA”), we have established the procedure outlined below to address any alleged copyright infringement on the Services. If you believe your work has been copied and has been posted on the Services in a way that constitutes copyright infringement, you may provide us with notice of your complaint by contacting us at help@agechecker.net with the following information, in writing:

• The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material.
• Your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

After receiving a notification, we will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.

You acknowledge that the Services and all materials on the Services, including without limitation to the Services' design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof (collectively, “Materials”) are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Services, including without limitation to trademarks registered in the United States (collectively, “Marks”) are the sole property of AgeChecker.net. In addition, all page headers, custom graphics, and custom icons are Marks of AgeChecker.net.

AgeChecker.net grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services as intended by AgeChecker.net, and as permitted by this Agreement. All rights not expressly granted herein are reserved by AgeChecker.net. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks, or other intellectual property do not constitute or imply affiliation with, endorsement of, or recommendation of AgeChecker.net by the respective trademark owner(s), or by AgeChecker.net of the respective trademark owner(s).

• DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, AGECHECKER.NET MAKES THE FOLLOWING DISCLAIMERS OF WARRANTIES. AGECHECKER.NET DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN RESULTS PROVIDED ON THE SERVICES. THE VERIFICATION RESULT ("VERIFIED" OR "NOT VERIFIED") IS BASED ON INFORMATION RETURNED TO US BY OUR THIRD-PARTY PARTNERS AND ON THE DATA YOU PROVIDE. WE DO NOT CREATE, CONTROL, OR GUARANTEE THE ACCURACY OF THE UNDERLYING PUBLIC RECORDS OR OTHER DATA USED IN THE VERIFICATION PROCESS. OUR SERVICE IS LIMITED TO THE SECURE COLLECTION AND TRANSMISSION OF DATA AND THE REPORTING OF THE RESULT WE RECEIVE. AGECHECKER.NET PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. AGECHECKER.NET EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPECIFICALLY, WE DO NOT GUARANTEE THAT YOU WILL BE SUCCESSFULLY VERIFIED, AS THE RESULT DEPENDS ON THE ACCURACY OF THE DATA YOU PROVIDE AND THE DATA AVAILABLE FROM OUR THIRD-PARTY VERIFICATION SOURCES. WE ARE NOT RESPONSIBLE FOR ANY DECISION MADE BY OUR BUSINESS CLIENT BASED ON THE VERIFICATION RESULT, INCLUDING THEIR REFUSAL TO COMPLETE A TRANSACTION WITH YOU.

• LIMITATION OF LIABILITY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL AGECHECKER.NET BE LIABLE TO ANY USER OF THE SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH DAMAGES OR A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CLAIM AVAILABLE UNDER APPLICABLE LAW, EVEN IF AGECHECKER.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, A FAILED VERIFICATION ATTEMPT DUE TO INFORMATION PROVIDED BY OUR PARTNERS, THE INABILITY TO COMPLETE A PURCHASE ON A BUSINESS CLIENT’S WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY ANY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH REGARD TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH LINKS PROVIDED ON THE SERVICES. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (US).

• INDEMNITY. YOU AGREE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AGECHECKER.NET AND ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM ANY AND ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING ATTORNEYS' FEES), PENALTIES AND/OR OTHER EXPENSES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE SERVICES, YOUR SUBMISSION OF FALSE, INACCURATE, OR FRAUDULENT INFORMATION, OR YOUR VIOLATION OF THIS AGREEMENT.

Under no circumstances shall AgeChecker.net be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.

• Disputes. The terms of this Section shall apply to all Disputes between you and AgeChecker.net. For the purposes of this Section, “Dispute.” shall mean any dispute, claim, controversy or action between you and AgeChecker.net arising under or relating to your use of the Services, this Agreement, or any other transaction involving you and AgeChecker.net, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND AgeChecker.net AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY AgeChecker.net FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF AgeChecker.net.

• Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to AgeChecker.net at help@agechecker.net within thirty (30) calendar days of your initial agreement to this Agreement (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of this Agreement shall continue to apply.

• Dispute Notice. In the event of a Dispute, you or AgeChecker.net must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice ”). The Dispute Notice to AgeChecker.net must be addressed to 29899 Agoura Rd #210, Agoura Hills, CA 91301 (“AgeChecker.net Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If AgeChecker.net and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or AgeChecker.net may proceed pursuant to this Section. You and AgeChecker.net will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.

• Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys' fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this section.

• Binding Arbitration. In the event mediation is unsuccessful or is not pursued, you and AgeChecker.net agree: (1) to arbitrate all Disputes between you and AgeChecker.net pursuant to the provision of this Agreement; (2) this Agreement memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.), as amended, governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in this Agreement.

• Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court's jurisdiction and is pending only in that court.

• WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY CLAIMS RELATING TO PERFORMANCE, INTERPRETATION, ENFORCEMENT, OR BREACH OF THIS AGREEMENT.

• WAIVER OF CLASS ACTIONS AND CLASS ARBITRATION. YOU AND AGECHECKER.NET AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND AGECHECKER.NET AGREE THAT NO DISPUTE SHAL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

• MASS ACTION WAIVER. You and AgeChecker.net agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and AgeChecker.net expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or AgeChecker.net are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or AgeChecker.net’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or AgeChecker.net from participating in a mass settlement of claims.

• Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firms; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice to help@agechecker.net. AgeChecker.net may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.

• Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitrator provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filings fees assessed for, each batch as the batch proceeds to arbitration.

• Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

• Hearing Format. Unless otherwise agreed, the arbitration shall take place in Los Angeles County, California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by AgeChecker.net or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AgeChecker.net is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

• Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of this Agreement.

• Exclusive Venue for Other Controversies. AgeChecker.net and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

You agree that: (i) AgeChecker.net shall be deemed solely based in the State of California (USA); and (ii) AgeChecker.net shall be deemed a passive website that does not give rise to personal jurisdiction over AgeChecker.net, either specific or general, in jurisdictions other than the State of California. The laws of the State of California, without regard to its conflict of laws rules, will govern this Agreement, as well as your observance of them. If you take any legal action relating to your use of AgeChecker.net or this Agreement, you agree to file such action only in the state and federal courts located in Agoura Hills, California. In any such action or any action AgeChecker.net may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees.

This Agreement is effective until terminated either by AgeChecker.net or you. We, in our sole discretion, may suspend or terminate this Agreement at any time with or without notice, and may deny you access to the Services or any portion thereof as a result. You may also terminate this Agreement at any time by discontinuing your use of the Services. Upon termination of this Agreement by us or you, you must destroy all materials obtained from the Services, including any and all copies of such materials whether made under this Agreement or otherwise.

This Agreement constitutes the entire agreement between you and AgeChecker.net. If any part of this Agreement are determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation or risks, and the remainder of this Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. You agree that your AgeChecker.net account is non-transferable and all of your rights to your account terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind AgeChecker.net.

If you have any questions about this Agreement, contact us at: help@agechecker.net.

1.1 Agreement. These Customer Terms of Service (this "Agreement") are entered into by and between AgeChecker.net ("AgeChecker", "Company", "we", "us", or "our") and the merchant, business, or other organization that accesses or uses the Platform or Services ("Customer", "you", or "your"). This Agreement governs Customer's access to and use of AgeChecker's websites, dashboards, APIs, plugins, SDKs, software, documentation, and related online services (collectively, the "Platform") and AgeChecker's age verification, identity verification, fraud prevention, compliance, support, and related services (collectively, the "Services").

1.2 Acceptance; Authority. By accessing or using the Platform or Services, clicking "accept," executing an order form, or otherwise indicating acceptance, Customer agrees to this Agreement and AgeChecker's Privacy Policy. If the individual accepting this Agreement does so on behalf of an entity, that individual represents and warrants that he or she has authority to bind that entity.

1.3 Business Use Only. The Platform and Services are intended for business use only and are not offered to consumers for personal, family, or household purposes. Customer must be legally able to enter into contracts, and the person accepting this Agreement must be at least 18 years old.

1.4 Order Forms; Conflicts. The parties may enter into one or more order forms, online orders, statements of work, quotes, or similar ordering documents that reference this Agreement (each, an "Order Form"). If there is a conflict, the following order of precedence applies: (a) a mutually executed Order Form, solely for the Services ordered under that Order Form; (b) this Agreement; (c) the Privacy Policy; and (d) documentation or policies referenced in this Agreement.

2.1 Updates. AgeChecker may update this Agreement from time to time. Material changes will become effective on the later of (a) 30 days after posting or notice to Customer, or (b) the date stated in the notice, except that changes required by law, data-source requirements, security needs, or changes that do not materially reduce Customer's rights or materially increase Customer's obligations may become effective immediately.

2.2 Notice; Continued Use. AgeChecker may provide notice by posting the updated Agreement on the Platform, sending email to the address associated with Customer's account, or providing dashboard notice. Customer's continued use after the effective date constitutes acceptance. If Customer does not agree, Customer must stop using the Platform and Services and terminate its account.

3.1 Services. Subject to this Agreement, AgeChecker will provide the Services identified in the applicable Order Form or made available through the Platform. Customer remains solely responsible for determining whether the Services are appropriate for Customer's use case and whether Customer's use complies with applicable law.

3.2 Account Information. Customer must provide accurate, current, and complete account, billing, business, and contact information and promptly update it as necessary. AgeChecker may require additional identity, business, beneficial ownership, or compliance information if reasonably necessary for security, fraud prevention, regulatory compliance, data-source requirements, or enforcement.

3.3 Access Credentials. Customer is responsible for all usernames, passwords, API keys, tokens, certificates, SDK keys, dashboard credentials, and other credentials used to access the Platform or Services ("Access Credentials"). Customer must use strong, unique passwords; enable multi-factor authentication where available; restrict access to authorized personnel with a need to know; promptly disable access for former personnel and contractors; and immediately notify AgeChecker at security@agechecker.net of any actual or suspected unauthorized access, disclosure, compromise, or misuse.

3.4 No Credential Sharing. Customer must not share, disclose, transfer, publish, sell, lease, or otherwise make available Access Credentials or dashboard access to any third party, including any competitor of AgeChecker, except to Customer's authorized employees and contractors who are bound by confidentiality and use restrictions at least as protective as this Agreement and who access the Platform solely on Customer's behalf.

3.5 Monitoring; Logs. Customer acknowledges that AgeChecker may monitor, record, analyze, and retain logs of Platform and Services activity, including IP addresses, device identifiers, browser and device characteristics, API calls, export activity, transaction timestamps, usage patterns, and authentication events. AgeChecker may use this information for service operation, security, fraud prevention, compliance, audit, enforcement, and protection of AgeChecker's intellectual property and confidential information.

3.6 Updates; Availability. AgeChecker may update, modify, suspend, discontinue, or enhance the Platform or Services from time to time. AgeChecker will use commercially reasonable efforts to avoid materially reducing core functionality during a paid subscription term, except as necessary for security, legal compliance, data-source requirements, or preventing harm. AgeChecker does not guarantee uninterrupted or error-free availability.

3.7 Third-Party Data Sources and Providers. Customer acknowledges that the Services may depend on third-party data providers, governmental sources, identity verification partners, hosting providers, payment processors, communications providers, and other service providers. Those third parties may impose conditions, restrictions, audits, outages, or suspension requirements. AgeChecker is not liable for inability to provide Services caused by a third-party provider, data-source restriction, change in law, or governmental requirement.

4.1 Lawful Business Purpose. Customer will use the Platform and Services solely for lawful business purposes and only in accordance with this Agreement, applicable documentation, Order Forms, and all applicable federal, state, local, and international laws, regulations, orders, and governmental requirements ("Applicable Law").

4.2 Data Accuracy and Rights. Customer is responsible for the accuracy, quality, legality, integrity, and completeness of all User Data, Customer Content, and other information submitted by or on behalf of Customer. Customer must not submit data that Customer is not legally permitted to submit or process through the Services.

4.3 End-User Notices and Consents. Customer is solely responsible for providing all notices, obtaining all consents, maintaining all legal bases, and honoring all privacy rights required by Applicable Law before submitting User Data to the Platform or Services. Customer must clearly disclose to Users, at or before the point of collection, that their personal information may be provided to AgeChecker and its service providers for age verification, identity verification, fraud prevention, compliance, security, and related purposes.

4.4 Customer Privacy Terms. Customer must maintain and comply with a privacy policy and any other terms, notices, consents, or disclosures required for Customer's products, services, and jurisdictions. Customer must ensure that its agreements, notices, and privacy disclosures do not conflict with this Agreement, the Privacy Policy, or required data-source terms. Customer will provide copies to AgeChecker upon reasonable request.

4.5 User Support. Customer is solely responsible for its relationship with Users, including customer support, product fulfillment, refunds, complaints, notices, and privacy or data-protection requests, except to the extent AgeChecker expressly agrees in writing to provide support directly to Users.

4.6 Security Incidents. Customer must promptly notify AgeChecker of any actual or suspected Security Incident involving Customer's systems, User Data, Customer Content, Access Credentials, or the Platform. Customer must cooperate with AgeChecker's investigation, mitigation, remediation, notification, and enforcement efforts. Customer is responsible for costs, losses, and notices arising from a Security Incident caused by Customer or its personnel, contractors, systems, integrations, or failure to comply with this Agreement.

4.7 Technical Requirements. Customer must comply with AgeChecker's documentation, technical specifications, authentication requirements, integration requirements, rate limits, and security requirements. Customer is responsible for its own systems, integrations, websites, checkout flows, notices, and implementation of the Services.

4.8 Restricted Products and Jurisdictions. Customer is solely responsible for determining whether Customer's products or services are lawful in each jurisdiction where Customer offers them and whether Customer may rely on the Services for any age-restricted, identity-restricted, or regulated product or service, including alcohol, tobacco, nicotine, cannabis, firearms, gaming, gambling, adult content, financial services, or other regulated goods or services.

5.1 Prohibited Uses. Customer must not, and must not permit any employee, contractor, affiliate, User, agent, competitor, or third party to, directly or indirectly:

• (a) access or use the Platform or Services for benchmarking, competitive analysis, competitive intelligence, monitoring, comparison, or evaluation for the purpose of developing, improving, marketing, selling, distributing, or supporting any competing product, service, model, dataset, system, or technology;
• (b) use Platform data, outputs, results, screenshots, logs, documentation, workflows, performance information, pricing information, error messages, user interfaces, API responses, or other non-public information obtained from the Platform or Services to train, tune, validate, improve, or support any competing or substitute product, service, model, algorithm, dataset, or technology;
• (c) copy, scrape, crawl, harvest, extract, download, export, cache, mirror, record, frame, reproduce, or create a database of Platform data, verification results, logs, screenshots, or other content except as expressly permitted by this Agreement and reasonably necessary for Customer's lawful internal business use;
• (d) reverse engineer, decompile, disassemble, decrypt, translate, derive, reconstruct, or attempt to discover the source code, object code, algorithms, models, data structures, workflows, scoring methods, matching logic, verification logic, security controls, trade secrets, or underlying ideas of the Platform or Services, except to the limited extent such restriction is prohibited by Applicable Law;
• (e) circumvent, disable, impair, overload, probe, scan, test, or bypass any security, authentication, rate-limiting, fraud-prevention, monitoring, or technical protection measure;
• (f) share Access Credentials, dashboard access, documentation, outputs, screenshots, or other non-public information with any competitor of AgeChecker or any third party acting on behalf of a competitor;
• (g) submit deceptive, synthetic, unauthorized, unlawful, or test data except through a sandbox or testing environment expressly authorized by AgeChecker;
• (h) interfere with, disrupt, degrade, or attempt to gain unauthorized access to the Platform, Services, AgeChecker systems, other customers' data, or third-party systems;
• (i) use the Platform or Services to infringe, misappropriate, dilute, or otherwise violate AgeChecker's Intellectual Property Rights, confidential information, trade secrets, data-source rights, or other proprietary rights; or
• (j) use the Platform or Services in any manner that violates Applicable Law, third-party rights, data-source restrictions, or this Agreement.

5.2 Data Exports. Customer may export verification results and related records only to the extent reasonably necessary for Customer's lawful internal business operations, compliance, audit, dispute resolution, and recordkeeping. Customer must maintain reasonable safeguards for exported data, must not provide exported data to competitors or use it for prohibited purposes, and must retain export logs sufficient to demonstrate compliance. AgeChecker may limit, suspend, or audit exports if AgeChecker reasonably suspects misuse, excessive volume, credential compromise, scraping, or competitive activity.

5.3 Enforcement. A violation of this Section 5 is a material breach. AgeChecker may immediately suspend or terminate access, preserve evidence, disable exports, revoke Access Credentials, require written certifications, require deletion or return of misused information, seek injunctive or equitable relief, and pursue all other available remedies.

5.4 Nonwaivable Rights. Nothing in this Agreement restricts Customer from exercising rights that cannot be waived by contract under Applicable Law. However, Customer remains prohibited from using unauthorized access, misuse of the Platform, breach of confidentiality, scraping, reverse engineering, or misappropriation to exercise any such right.

6.1 General. The Services may involve sensitive personal information, nonpublic personal information, motor vehicle record information, death-record information, government identification information, and data from third-party or governmental sources. Customer certifies that each request submitted through the Services has a lawful purpose and that Customer will maintain records sufficient to demonstrate that purpose.

6.2 GLBA. To the extent the Services involve nonpublic personal information subject to the Gramm-Leach-Bliley Act and implementing rules ("GLBA"), Customer certifies that Customer has a lawful basis or exception to obtain and use such information, including as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, with the consumer's consent or direction, or to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. Customer will use GLBA-regulated information only for the certified purpose and will not redisclose it except as permitted by Applicable Law and data-source terms.

6.3 DPPA. To the extent the Services involve personal information from motor vehicle records subject to the Driver's Privacy Protection Act, 18 U.S.C. §§ 2721-2725, and related state laws ("DPPA"), Customer certifies that Customer has a permissible use under the DPPA and applicable state law, including use in the normal course of business by a legitimate business or its agents, employees, or contractors to verify the accuracy of personal information submitted by the individual and, if the submitted information is incorrect or no longer correct, to obtain correct information only for preventing fraud, pursuing legal remedies, or recovering on a debt or security interest against the individual. Customer will use DPPA-regulated information only for the certified permissible use, will not make false representations to obtain it, and will maintain any records of resale or redisclosure required by law.

6.4 FCRA. AgeChecker is not a "consumer reporting agency," and the Services and verification results are not "consumer reports," as those terms are defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"). Customer must not use the Services or information obtained through the Services, in whole or in part, as a factor in establishing any individual's eligibility for credit, insurance, employment, tenant screening, check-cashing, deposit or transaction accounts, government licenses or benefits, or any other purpose for which a consumer report may be used under the FCRA or similar state law. Customer must not use the Services to take "adverse action" as defined under the FCRA.

6.5 Death Master File. To the extent the Services involve access to or use of Limited Access Death Master File data or other Death Master File data ("DMF Data"), Customer certifies that Customer has a legitimate fraud prevention or business purpose permitted by Applicable Law and applicable data-source terms. Customer must maintain systems, facilities, and procedures to safeguard DMF Data, restrict access to authorized personnel, not redisclose DMF Data except as permitted, and cooperate with any required certification, audit, or compliance process.

6.6 Data-Source Terms. Customer will comply with all data-source terms, certifications, restrictions, audit obligations, and usage limitations communicated by AgeChecker or applicable to the Services. Failure to comply with any data-source requirement is a material breach.

7.1 Roles. As between the parties, Customer is the business, controller, or similar entity that determines the purposes and means of processing User Data, and AgeChecker processes User Data as Customer's service provider, processor, or similar role under Applicable Privacy Laws. AgeChecker may act as an independent business, controller, or similar role for Customer account information, billing information, website information, sales and marketing information, and information processed for AgeChecker's own legal, security, fraud-prevention, and business-administration purposes.

7.2 Processing Instructions. Customer instructs AgeChecker to process User Data only to provide, secure, maintain, support, improve, and enforce the Services; process transactions; verify age and identity; prevent, detect, and investigate fraud, security incidents, misuse, and unlawful activity; comply with Applicable Law and data-source terms; and perform other purposes described in this Agreement, the applicable Order Form, and the Privacy Policy (collectively, the "Business Purposes").

7.3 Service Provider and Contractor Terms. With respect to User Data collected pursuant to this Agreement, AgeChecker will: (a) not sell or share User Data as those terms are defined by the CCPA; (b) process User Data only for the Business Purposes or as otherwise permitted by Applicable Privacy Laws; (c) not retain, use, or disclose User Data outside the direct business relationship between AgeChecker and Customer except as permitted by Applicable Privacy Laws; (d) not combine User Data with personal information received from or on behalf of another person, or collected from AgeChecker's own interaction with the User, except as permitted by Applicable Privacy Laws; (e) provide the same level of privacy protection required of businesses by Applicable Privacy Laws with respect to User Data; (f) notify Customer if AgeChecker determines that it can no longer meet its obligations under Applicable Privacy Laws; and (g) upon notice, take reasonable and appropriate steps to stop and remediate unauthorized use of User Data.

7.4 Assistance. AgeChecker will provide reasonable assistance, taking into account the nature of the Services and information available to AgeChecker, to help Customer respond to verified privacy rights requests, conduct required risk assessments, conduct required data protection assessments, complete required cybersecurity audits, comply with security obligations, and respond to Security Incidents. AgeChecker may charge reasonable fees for assistance not included in the Services or caused by Customer's systems, instructions, or breach.

7.5 Sub-Processors. Customer authorizes AgeChecker to use sub-processors to provide the Services. AgeChecker will impose written obligations on sub-processors that are at least as protective of User Data as those imposed on AgeChecker under this Agreement, to the extent applicable to the sub-processor's services.

7.6 Security Program. AgeChecker will maintain reasonable administrative, technical, and physical safeguards designed to protect User Data against unauthorized or illegal access, destruction, use, modification, or disclosure, taking into account the nature of the Services and sensitivity of the User Data. Customer is responsible for securing Customer's systems, integrations, Access Credentials, exported data, and instructions.

7.7 Security Incident Notification. AgeChecker will notify Customer without undue delay after confirming a Security Incident involving User Data processed by AgeChecker under this Agreement. AgeChecker's notice will include information reasonably available to AgeChecker and required for Customer to meet Customer's legal obligations. Notice of or response to a Security Incident is not an admission of fault or liability.

7.8 Return and Deletion. Upon termination or expiration, AgeChecker will return or delete User Data in accordance with the Privacy Policy, the applicable Order Form, and Applicable Law, subject to legal holds, data-source requirements, regulatory obligations, dispute-resolution needs, backup retention, security logs, and records reasonably necessary to establish compliance. Customer must delete or return AgeChecker Confidential Information and Platform materials in Customer's possession or control. Customer must also delete any User Data, Platform data, logs, screenshots, or outputs exported or retained in violation of this Agreement.

7.9 Deidentified and Aggregated Data. AgeChecker may create and use aggregated, anonymized, or deidentified data derived from the Services to operate, analyze, secure, and improve the Services and for lawful business purposes, provided AgeChecker does not use such data to identify Customer or a User and does not disclose User Data in a form that identifies Customer or a User. AgeChecker will maintain and use deidentified data without attempting to reidentify it except as permitted by Applicable Law.

8.1 Ownership. AgeChecker and its licensors own and retain all right, title, and interest in and to the Platform, Services, documentation, technology, software, APIs, SDKs, plugins, algorithms, models, workflows, interfaces, designs, inventions, discoveries, methods, processes, know-how, trade secrets, patents, patent applications, copyrights, trademarks, service marks, data-source relationships, verification logic, matching logic, scoring logic, security methods, improvements, updates, derivatives, and all Intellectual Property Rights in or relating to any of the foregoing. No rights are granted except as expressly stated.

8.2 Limited License. Subject to Customer's compliance and payment of Fees, AgeChecker grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to access and use the Platform and Services solely for Customer's internal business purposes and solely in accordance with this Agreement, the applicable Order Form, and documentation.

8.3 Restrictions. Customer must not copy, modify, adapt, translate, create derivative works of, distribute, resell, sublicense, lease, publish, disclose, or commercially exploit the Platform or Services except as expressly permitted. Customer must not remove, obscure, or alter proprietary notices.

8.4 Feedback. If Customer provides suggestions, ideas, enhancement requests, recommendations, or other feedback ("Feedback"), Customer grants AgeChecker a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, and exploit the Feedback for any purpose without restriction or compensation, provided AgeChecker does not disclose Customer Confidential Information in doing so.

8.5 Trademarks. Customer may use AgeChecker's trademarks, logos, and branding only as expressly authorized in writing or as embedded in authorized plugins, SDKs, or checkout flows, without alteration and solely in connection with authorized use. Customer must immediately cease all use upon termination or request.

8.6 Confidential Information. "Confidential Information" means non-public information disclosed by or on behalf of a party that is marked confidential or reasonably should be understood to be confidential. AgeChecker Confidential Information includes the Platform, Services, documentation, Access Credentials, pricing, security information, performance metrics, verification methods, outputs, API responses, data-source information, business plans, product roadmaps, and non-public information relating to AgeChecker's technology, intellectual property, and business. The receiving party must use Confidential Information only to perform under this Agreement, protect it using at least reasonable care, and not disclose it except to personnel and contractors who need to know and are bound by confidentiality obligations at least as protective as this Agreement.

8.7 Exceptions. Confidential Information does not include information that the receiving party can demonstrate is publicly available without breach, already known without confidentiality obligations, independently developed without use of the disclosing party's Confidential Information, or lawfully received from a third party without confidentiality obligations.

8.8 Survival. Confidentiality obligations survive for five years after termination, except obligations relating to trade secrets, Access Credentials, security information, and highly sensitive technical information survive for so long as protected under Applicable Law.

8.9 Injunctive Relief. Customer acknowledges that breach of Sections 5, 7, or 8 may cause irreparable harm for which monetary damages may be inadequate. AgeChecker may seek temporary, preliminary, and permanent injunctive relief and other equitable relief without posting bond to the extent permitted by law.

9.1 Fees. Customer will pay all fees described in the applicable Order Form, Platform pricing page, invoice, or other written pricing arrangement ("Fees"). Unless otherwise stated, Fees are due in U.S. dollars and are non-refundable except as expressly provided or required by Applicable Law.

9.2 Invoices and Payment. Unless otherwise stated, invoices are due within 30 days after the invoice date. AgeChecker may charge Customer's authorized payment method for recurring Fees, per-transaction Fees, usage-based Fees, taxes, and other amounts due.

9.3 Late Payments; Collection. Overdue amounts accrue interest at 1.5% per month or the maximum rate permitted by Applicable Law, whichever is less. Customer will reimburse reasonable collection costs, including attorneys' fees and collection agency fees.

9.4 Suspension for Nonpayment. AgeChecker may suspend Services if any undisputed amount remains unpaid 15 days after notice of nonpayment. Suspension does not relieve Customer of payment obligations.

9.5 Taxes. Fees exclude taxes, levies, duties, and governmental assessments, including sales, use, value-added, withholding, and similar taxes. Customer is responsible for all taxes associated with the Services other than taxes based on AgeChecker's net income.

9.6 Invoice Disputes. Customer must notify AgeChecker in writing of any invoice dispute within 60 days after the invoice date and describe the disputed amount and basis in reasonable detail. Customer waives invoice disputes not raised within that period, except to the extent waiver is prohibited by Applicable Law. Customer must timely pay undisputed amounts.

9.7 Credit Review. To the extent permitted by Applicable Law and only for legitimate business credit, collections, underwriting, fraud-prevention, or account-management purposes, AgeChecker may request business credit, payment history, financial, beneficial ownership, or similar information from Customer. If AgeChecker requests personal credit information about a principal, guarantor, or beneficial owner, AgeChecker will obtain any legally required authorization before obtaining such information.

10.1 Mutual Authority. Each party represents and warrants that it has the power and authority to enter into this Agreement and perform its obligations.

10.2 Customer Warranties. Customer represents, warrants, and covenants that: (a) Customer's use complies with Applicable Law; (b) Customer has provided required notices, obtained required consents, and established required legal bases for submitting User Data; (c) Customer has rights necessary to grant AgeChecker the rights and instructions in this Agreement; (d) Customer's User Data, Customer Content, instructions, products, services, and use do not infringe, misappropriate, or violate third-party rights or Applicable Law; (e) Customer's regulatory certifications and permissible-use certifications are true, complete, and accurate for each transaction; (f) Customer will not use the Services for any prohibited purpose; and (g) Customer will maintain reasonable security for Customer's systems, Access Credentials, and exported data.

10.3 No Conflicting Obligations. Customer represents and warrants that Customer has no obligation that conflicts with this Agreement and will not enter into any obligation that would prevent compliance.

11.1 Customer Indemnity. Customer will defend, indemnify, and hold harmless AgeChecker and its affiliates, officers, directors, employees, contractors, agents, suppliers, licensors, subprocessors, and data providers from and against all claims, demands, investigations, proceedings, damages, losses, liabilities, fines, penalties, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) Customer's use of the Platform or Services; (b) User Data, Customer Content, Customer systems, Customer products or services, Customer notices, or Customer instructions; (c) Customer's breach of this Agreement; (d) Customer's violation of Applicable Law or third-party rights; (e) Customer's negligence, willful misconduct, fraud, or misrepresentation; (f) any User claim or regulatory inquiry relating to Customer's products, services, notices, consents, or use; (g) Customer's breach of any regulatory certification, data-source term, or permissible-use restriction; or (h) competitive misuse, scraping, reverse engineering, credential sharing, unauthorized export, or other prohibited use by Customer or anyone using Customer's Access Credentials.

11.2 Procedure. AgeChecker will provide prompt notice of any indemnifiable claim, permit Customer to control the defense and settlement, and reasonably cooperate at Customer's expense. Customer may not settle any claim in a manner that admits fault by AgeChecker, imposes obligations on AgeChecker, or restricts AgeChecker's business without AgeChecker's prior written consent. AgeChecker may participate with counsel of its choice at its own expense.

12.1 As-Is Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." AGECHECKER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ERROR-FREE OPERATION.

12.2 Verification Results. Customer acknowledges that identity and age verification results depend on information provided by Users, Customer, data providers, governmental sources, and third parties, which may be incomplete, inaccurate, unavailable, outdated, delayed, or erroneous. AgeChecker does not warrant that any verification result, score, flag, match, non-match, or other output is complete, accurate, or sufficient for Customer's legal obligations. Customer remains responsible for its own compliance decisions and for any decision to approve, reject, suspend, fulfill, or cancel any transaction.

13.1 Damages Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGECHECKER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR REGULATORY PENALTIES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY.

13.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGECHECKER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO AGECHECKER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

13.3 Exceptions. The limitations in this Section 13 do not limit liability to the extent liability cannot be limited under Applicable Law. This Section 13 does not limit Customer's payment obligations, Customer's indemnification obligations, or Customer's liability for breach of Sections 5, 7, or 8.

14.1 Term. This Agreement begins when Customer first accepts this Agreement, executes an Order Form, or accesses the Platform or Services, whichever occurs first, and continues until terminated (the "Term").

14.2 Termination for Convenience. Either party may terminate for convenience upon 30 days' prior written notice, unless a different subscription term or termination provision is stated in an Order Form. Termination for convenience does not entitle Customer to a refund of prepaid Fees unless the applicable Order Form expressly states otherwise or Applicable Law requires otherwise.

14.3 Termination or Suspension by AgeChecker. AgeChecker may suspend or terminate Customer's access immediately, with or without notice, if AgeChecker reasonably believes that: (a) Customer has materially breached this Agreement; (b) Customer or anyone using Customer's Access Credentials has engaged in prohibited competitive misuse, scraping, reverse engineering, credential compromise, fraud, or unlawful activity; (c) suspension is necessary to protect the Platform, Services, AgeChecker, other customers, Users, data sources, or third parties; (d) Applicable Law, governmental request, court order, or data-source requirement requires or reasonably warrants suspension; (e) Customer fails to pay undisputed amounts when due; or (f) Customer becomes insolvent, ceases doing business, or becomes subject to bankruptcy, receivership, liquidation, or similar proceedings.

14.4 Effect of Termination. Upon termination or expiration, Customer must immediately stop using the Platform and Services, all licenses granted to Customer terminate, Customer must pay all amounts due, and each party must return or delete the other party's Confidential Information as required. Sections that by their nature should survive will survive, including Sections 5 through 17.

15.1 Governing Law. This Agreement and all disputes arising out of or relating to it are governed by the laws of the State of California, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Arbitration. Except for claims seeking injunctive or equitable relief for actual or threatened misuse of the Platform, unauthorized access, breach of confidentiality, or infringement or misappropriation of Intellectual Property Rights, any dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules before one arbitrator in Los Angeles County, California. The Federal Arbitration Act governs this arbitration provision. Judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class, Collective, Representative, and Mass Action Waiver. EACH PARTY MAY BRING CLAIMS ONLY ON ITS OWN BEHALF AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR MASS ACTION. The arbitrator may not consolidate claims of multiple persons or preside over any class, collective, representative, private attorney general, or mass proceeding without written consent of all parties.

15.4 Injunctive Relief; Venue. Either party may seek temporary, preliminary, or permanent injunctive relief or other equitable relief in any court of competent jurisdiction to protect confidential information, Intellectual Property Rights, the Platform, the Services, or against unauthorized access or misuse. For any dispute not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Los Angeles County, California.

15.5 Time to Bring Claims. To the maximum extent permitted by law, any claim arising out of or relating to this Agreement, the Platform, or the Services must be brought within one year after the events giving rise to the claim were discovered or reasonably should have been discovered, or the claim is barred.

16.1 Assignment. Customer may not assign or transfer this Agreement, any Order Form, or any rights or obligations without AgeChecker's prior written consent. Any attempted assignment in violation is void. AgeChecker may assign this Agreement to an affiliate or in connection with a merger, acquisition, financing, reorganization, sale of equity, or sale of all or substantially all assets.

16.2 Notices. Notices must be in writing and will be deemed given upon actual receipt, refusal of delivery, confirmed email transmission, or dashboard posting, as applicable. Notices to Customer may be sent to the email address, physical address, or dashboard account associated with Customer's account. Notices to AgeChecker must be sent to contact@agechecker.net and 29899 Agoura Rd #210, Agoura Hills, CA, 91301 United States. Legal notices must be sent to admin@agechecker.net.

16.3 Force Majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, war, terrorism, civil unrest, governmental action, internet or utility failures, third-party provider failures, data-source outages, cyberattacks, or changes in law, except that Customer's payment obligations are not excused.

16.4 Severability. If any provision is held invalid, illegal, or unenforceable, the provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

16.5 Waiver. A waiver must be in writing and signed by the waiving party. Failure to enforce a provision is not a waiver.

16.6 Entire Agreement. This Agreement, together with applicable Order Forms and documents incorporated by reference, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior and contemporaneous agreements, proposals, and understandings.

16.7 Relationship. The parties are independent contractors. This Agreement does not create an agency, partnership, joint venture, fiduciary, employment, or franchise relationship.

16.8 Third-Party Beneficiaries. There are no third-party beneficiaries except the indemnified parties under Section 11 and AgeChecker's licensors, suppliers, subprocessors, and data providers to the extent necessary to enforce restrictions applicable to their rights, data, or services.

16.9 Export and Sanctions. Customer must comply with U.S. export controls, sanctions, and anti-boycott laws. Customer represents that Customer and its Users are not located in, organized under the laws of, or ordinarily resident in an embargoed jurisdiction and are not designated on any restricted-party list.

"Access Credentials" has the meaning given in Section 3.3.

"Applicable Privacy Laws" means all privacy, data protection, data security, breach notification, consumer protection, biometric privacy, online tracking, and communications laws applicable to a party's processing of personal information under this Agreement, including the CCPA to the extent applicable.

"Customer Content" means information, materials, content, files, documents, data, text, images, or other materials submitted by or on behalf of Customer to the Platform or Services, excluding User Data.

"Fees" means all amounts payable by Customer for the Platform or Services.

"Intellectual Property Rights" means all intellectual property and proprietary rights worldwide, including patents, patent applications, copyrights, trade secrets, trademarks, service marks, trade names, database rights, moral rights, know-how, inventions, and all registrations, applications, renewals, extensions, and similar rights.

"Order Form" has the meaning given in Section 1.4.

"Security Incident" means unauthorized or unlawful access to, acquisition of, disclosure of, use of, modification of, destruction of, or loss of User Data, Customer Content, Access Credentials, or systems used to access the Platform or Services.

"User" means an individual whose personal information is submitted to or processed through the Platform or Services by or on behalf of Customer.

"User Data" means personal information relating to a User that is submitted to or processed through the Platform or Services by or on behalf of Customer, including name, date of birth, age, address, government identification information, images of identification documents, verification results, transaction logs, and related information.