Thank you for choosing our products and services (hereinafter the “Service” when only one is concerned or the “Services”). Services are provided by NeoCheck S.L. (hereinafter “NeoCheck”).
Please read Legal Information: https://www.neocheck.com/legal
The use of our services implies your acceptance of these Terms of Use. We invite you to read them carefully.
Description of Services
The NeoCheck Services allow you to automatically check identity document (passports, visas, identity cards, residence permits, driving licenses, etc.). The product of these services is a control report with a review of the document that will assist you in making a decision about accepting the document submitted as proof of identity applies to the person who presented it.
The purchase of these verifications is regulated by the terms of sales: https://www.neocheck.com/legal/terms-of-sale
The cover, in terms of both countries as types of documents covered by the solution is available in the FAQ page.
Using our Services
You must follow any policies made available to you within the Services.
Fraudulent use
Do not use the Services for any fraudulent activity. Any suspicious activity results in immediate suspension of the account, and all information on the use of this account can be used in lawsuits.
We note that the Spanish Penal Code (Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal) punishes severely this kind of forgeries:
- Establish a statement or certificate stating materially incorrect facts;
- Falsify a statement or certificate originally sincere;
- To make use of a statement or an inaccurate or falsified certificate.
Misuse
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. Do not engage in any activity that interferes, tampers with or disrupts the Services (or servers and networks connected to the Services).
You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not grant you any intellectual property rights in our services on the contents you access. These Terms do not grant you the right to use any trademark or any logo present in our Services. You are not permitted to remove, obscure or modify the legal notices displayed in or along with our Services.
Unless you have been expressly authorized to do so in a separate agreement with NeoCheck, you agree that you may not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose whatsoever.
As part of your use of the Services and the execution of our contractual obligations, we may send you messages related to the operation or administration of the Services and other information.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
You agree to be solely responsible (and NeoCheck has no liability to you or any third party) for any breach of your obligations under the Terms of service, and for the consequences of any breach (including any loss or damage could suffer NeoCheck).
Your neocheck.net account
You need a neocheck.net Account in order to use our Services. You may create your own neocheck.net Account, or your account may be assigned to you by an administrator, such as your employer. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your neocheck.net Account, keep your password confidential. You are responsible for the activity that happens on or through your neocheck.net Account. Try not to reuse your neocheck.net Account password on third-party applications. If you learn of any unauthorized use of your password or neocheck.net Account, change it immediately by following the procedure mentioned on the Service and notify NeoCheck to minimize the consequences for you or NeoCheck of such use.
Privacy and Personal Information
The NeoCheck’s Privacy Policy applicable to neocheck.net services is accessible at https://www.neocheck.com/legal/privacy-policy. It explains how NeoCheck treats your personal information or contents, and protects your privacy when you use the Services. By using our Services, you agree that NeoCheck can use these data in accordance with this privacy policy.
Comments and reactions on the Services
NeoCheck aims to continuously improve its offer to users and to receiving productive feedback.
In order to make the comments usable and productive, you acknowledge and agree that all comments (improvement or critical) you want to communicate must be shared with NeoCheck using dedicated forms on Services.
Whenever you decide to publish your comments, you must ensure that your comments are strictly compliant with the use of the Services as defined in the Terms of Service Conditions.
You agree to waive all intellectual property rights directly associated with your feedback so that NeoCheck can freely use your comments to improve its offer and Services.
Your content in our Services
Some of our Services allow you to import, submit, store, send or receive content. You retain all intellectual property rights in such content. In short, what belongs to you stays yours.
You agree to be solely responsible (and NeoCheck have no liability to you or any third party) for any content that you create, transmit or display using the Services and for the consequences of your actions (including any loss or damage that NeoCheck may suffer).
When you import, submit, store, send or receive content through the Services, you grant NeoCheck a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, adapt, modify, translate, read and analyze these Contents. This license is for the sole purpose of NeoCheck to perform the Services and to enhance or create new services.
You agree that this license includes the right for NeoCheck make this Content available to other companies, organizations or individuals with whom NeoCheck is related to provide the Services.
You understand that NeoCheck, performing technical operations required to provide the Services, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make changes to your Content as are necessary to conform and adapt that Content to the technical requirements of the Services and (c) store a copy of your content. You agree that this license allows NeoCheck to carry out these actions. You confirm and warrant to NeoCheck you have all the rights, power and authority necessary to grant the rights above and a license.
This authorization remains for the entire legal term of protection of your content, even if you stop using our Services.
You will find additional information on how NeoCheck uses and stores content in the privacy policy.
You acknowledge and agree that NeoCheck (or licensors NeoCheck) holds all rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services or associated software systems or set established to make the Services.
You further acknowledge that the Services may contain information that is designated confidential by NeoCheck and you must not disclose such information without the prior written consent of NeoCheck.
About software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
NeoCheck gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by NeoCheck as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by NeoCheck, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
You may not assign (or grant a sublicense of) your rights to use the Services or the Software, or transfer part of your rights to use the Services or Software.
Modifying and Terminating our Services
NeoCheck is constantly changing and improving its services. We are therefore likely to add or remove features or functions without notice, and it can also happen that we suspend or stop a Service.
You can stop using our Services at any time. However, we hope you continue to use them. NeoCheck is entitled to cease to provide all or part of the Services, or add or create new limits on the use of the Services and at any time.
For us, you remain the owner of the data you entrust to us and we think it’s important that you can access them. If we discontinue a Service, to the extent possible, we will notify you within a reasonable time and give you the opportunity to retrieve information from this Service.
Other content
The Services may include hyperlinks to other web sites or to other content or other resources. NeoCheck may have no control over websites or resources which are provided by companies or persons other than NeoCheck.
You acknowledge and agree that NeoCheck is not responsible for the availability of such external sites or resources, and does not endorse any advertising, products or other materials on or available from such sites or resources.
You acknowledge and agree that NeoCheck is not responsible for any loss or damage you may incur due to the availability of such external sites or resources, or because of the trust placed by you on the completeness, accuracy or the existence of all the services, products or other materials on or available from these sites or resources.
Business use of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify NeoCheck and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Warranties and Disclaimers Clauses
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither NeoCheck nor its suppliers or distributors make any specific promises about the services. For example, we don’t make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We provide the services “as is”.
In particular, NeoCheck and its suppliers and distributors do not warrant that your use of the services will meet your requirements; do not warrant that your use of the service will be uninterrupted, secure or error-free; do not warrant that information obtained from the services will be accurate or reliable, and do not warrant that defects in the operation or any software provided to you as part of the services will be corrected.
You expressly acknowledge and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.”
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Any information, reaction, data downloaded or obtained by use of the services is at your sole risk and you will be solely responsible for any damage or loss that results from the use of any information, data or comments.
No warranties will result from obtaining from NeoCheck of from the services of any advice or any information, whether oral or written, unless otherwise expressly stated in the terms of service.
Furthermore, NeoCheck expressly disclaims all warranties and conditions of any kind, express or implied, including (but not limited) warranties and conditions of merchantability, fitness for a particular purpose and noninfringement.
Liability for our Services
When permitted by law, NeoCheck, and its suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
When permitted by law, neocheck, and its suppliers and distributors, will not be liable to you for direct, indirect, incidental, special, consequential or exemplary damages that you could suffer, whatever caused it and under any theory of liability. This must include, without limitation, any loss of profit (incurred directly or indirectly), any loss of or business reputation, any costs of procurement of substitute goods or services, or other intangible loss; any loss or damage suffered by you, including but not limited to loss or damage due to: all your reliance on the completeness, accuracy or the existence of services; or any change NeoCheck may make to the services, or any permanent or temporary cessation in the provision of the services (or any features within the services); or deletion, corruption or failure of any content or storage data stored or transmitted through your use of the services; or your failure to provide NeoCheck reliable information for the opening of your account; or your failure to keep your password or account details secure and confidential.
These limitations of liability defined in these terms apply equally if NeoCheck was advised or should have been aware of the possibility of such loss.
In all cases NeoCheck, and its suppliers and distributors will not be liable for any loss or damage that does not have been reasonably foreseeable.
To the extent permitted by law, the total liability of NeoCheck, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again).
About these terms
NeoCheck may make changes to these terms from time to time, for example, to reflect changes in the law or the Services. When these changes are made, NeoCheck release a new version of the TOU at https://www.neocheck.com/legal/terms-and-conditions
The changes will not apply retroactively and will take effect at least fourteen (14) days after publication. However, specific changes to a new feature of a Service or changes made for legal reasons will apply immediately. If you do not accept the modified terms for a given service, you must cease all use of the Service.
You acknowledge and agree that if you use the Services after the date on which the modified terms are applicable, NeoCheck treat your use as acceptance of the modified terms.
These Terms constitute the entire legal agreement between you and NeoCheck and govern your use of the Services (excluding Services that NeoCheck can provide to you through a separate written agreement), and completely replace any prior agreements between you and NeoCheck ties to these services. They do not create rights for third party beneficiaries.
You agree that NeoCheck can send you notifications, including those regarding changes to the Terms of Service, by email, mail or postings on the Services.
You agree that if NeoCheck not exercise or enforce any right or remedy which is contained in the Terms of services (or NeoCheck which has the benefit of under any applicable law), this can not be considered a formal waiver of rights to NeoCheck and such rights or remedies will still be available for NeoCheck.
If a court having jurisdiction to decide a case, considers that a provision of these terms is invalid, this will not affect the rest of the Terms. The other provisions of the Terms will continue to be valid and enforceable.
Any disputes related to these Terms or the Services shall be governed by Spanish law. Any claim relating to these Terms or the Services exclusively by the jurisdiction of the courts of Madrid in Spain. NeoCheck you and hereby agree to submit to the jurisdiction of such courts.