Terms of Service

These Terms of Service form a binding agreement between Eniyan Trust, Inc. (“Eniyan Trust,” “we,” “us”) and the organization or individual (“Customer,” “you”) that accesses the Services. If you accept these Terms on behalf of an organization, you represent that you have authority to bind it. Our Privacy Policy and Biometric Data Policy are incorporated by reference.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Services solely to:

• Verify the identity of your end users using Eniyan Trust Network; and/or
• Register and govern AI agents operating on your platform using Eniyan Trust Layer.

You must be at least 18 and use the Services for business purposes. You are responsible for safeguarding your API keys and tokens — keys are shown only once at creation and cannot be retrieved afterward. Notify us immediately at security@eniyantrust.com if you suspect unauthorized access. Account information must be accurate and kept current.

You are solely responsible for:

• End-user consent — obtaining all legally required consents before a verification session, including written consent under the Illinois Biometric Information Privacy Act (BIPA) and equivalent laws, and explicit consent for biometric data under GDPR Article 9.
• Consent UI — presenting required consent language to end users before a session begins.
• Lawful purpose — ensuring your use of results complies with applicable employment, consumer-protection, civil-rights, and privacy laws. Eniyan Trust credentials are not a substitute for KYC/AML compliance.
• Data-subject rights — responding to end-user access, erasure, portability, and correction requests, including forwarding biometric source-data deletion to the relevant identity-verification provider.
• Provider terms — complying with the terms of any identity-verification providers enabled for your account.
• Non-discriminatory use — not using credentials, trust levels, or risk scores to make employment, housing, credit, or insurance decisions in violation of the Fair Housing Act, Equal Credit Opportunity Act, Title VII, or equivalent laws.

You must not use the Services to:

• Verify minors under 13 (or under 16 in the European Union);
• Create verification sessions without obtaining required end-user consent;
• Use results as the sole basis for adverse action in contexts governed by the Fair Credit Reporting Act (FCRA);
• Substitute Eniyan Trust credentials for BSA/AML obligations, OFAC sanctions screening, or PEP checks;
• Share credentials or API keys with unauthorized third parties;
• Reverse-engineer or circumvent any security or access-control mechanism;
• Verify individuals for the purpose of surveillance, stalking, or harassment; or
• Resell or white-label Eniyan Trust's verification results as your own product without a separate written agreement.

Verification results are probabilistic assessments based on document, liveness, and biometric checks performed by identity-verification providers. We do not guarantee that a verified individual is who they claim to be; trust levels indicate the quality of evidence, not legal identification. The Services are not KYC/AML compliance and are not “consumer reports” under FCRA. Credential validity is always server-authoritative — verify at each consequential transaction, as a credential may be revoked at any time.

Current pricing is published at eniyantrust.com/pricing. Fees are invoiced per the plan selected at account creation and are due within 30 days. Overdue accounts may be suspended. Fees are exclusive of taxes. Where your organization earns network dividend credits — when another platform checks the trust status of a credential you originally issued — those credits are applied against your invoices per the current rate card and may be modified with notice.

For customers subject to GDPR or UK GDPR, our Data Processing Agreement governs our processing of personal data on your behalf. We store credential metadata (trust level, entity type, risk scores, timestamps, fraud signals) and consent records. We do not store raw biometric data — document photos and facial geometry remain with the identity-verification provider. We use sub-processors including Stripe, Persona, and AWS. End users can exercise their data rights directly through our privacy portal.

Eniyan Trust retains all right, title, and interest in the Services and associated intellectual property. You retain all rights in the data you submit and grant us a limited license to process it to provide the Services. Feedback you provide may be used without obligation of compensation or attribution.

Each party will keep confidential the other's non-public information that is designated confidential or that should reasonably be understood to be confidential, except for information that becomes public through no breach, was already known, is independently developed, or must be disclosed under legal process.

You warrant that you have authority to enter these Terms, that your use will comply with applicable law, that you have obtained all required end-user consents, and that your use of results complies with non-discrimination laws. The Services are provided “as is” and “as available.” To the maximum extent permitted by law, Eniyan Trust disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and accuracy of results.

To the maximum extent permitted by law, Eniyan Trust's total liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the fees you paid in the twelve months preceding the claim, or (b) one thousand US dollars ($1,000). We will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or reputational harm.

You agree to indemnify and hold harmless Eniyan Trust from claims, damages, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, your failure to obtain required end-user consents, or your violation of applicable biometric-privacy or non-discrimination laws.

These Terms begin at account creation and continue until terminated. You may terminate at any time by contacting support@eniyantrust.com. We may suspend or terminate access if you breach these Terms, create legal risk, fail to pay, or where required by law. Sections concerning limitations, data, IP, confidentiality, and governing law survive termination.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Disputes will be resolved by binding arbitration under the JAMS rules, except that either party may seek injunctive relief in court. You waive any right to a jury trial or to participate in a class action.

We may update these Terms by posting a revised version at this page with at least 30 days' notice for material changes. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.