Terms and conditions

Welcome to https://www.obsequ.io the website of Obsequ.io Technologies Limited. These Terms of Use govern your visit and use of the Platform and form a binding agreement between the Platform and yourself. The Terms of Use must be read in conjunction with the Privacy Policy.

DEFINITIONS

The following definitions apply to the Terms of Use:

Additional Services Package means the additional Services offered by Company which are not included in the Subscription Plan;
AML means Anti-Money Laundering;
Account means a unique user account created on the Platform belonging to an entity that successfully completes the registration process as specified in these Terms of Use for the purposes of obtaining Services;
CIAM means customer identity and access management;
Client is an Account holder that has purchased Subscription Plans;
Company means Obsequ.io Technologies Limited;
Compliance Check means the verification process taken by Client to verify End Users;
Cookies means a small data file of letters and numbers that we store on your browser or device, in accordance with our Privacy Policy, if you use the Platform;
Credits means the credits purchased by Client on the Platform to access Additional Package Services;
EKYC means Electronic-Know Your Customer or a due diligence process to understand the identity of an End User;
End User means the individual or entity who use the Services as requested by the Client to fulfil their internal business needs;
Personal Data means personal information or personally identifiable information of Client on the Platform;
Platform means the online website of Obsequ.io with the URL https://obsequ.io that is managed and handled in entirety by the Company;
Privacy Policy means the Privacy Policy of the Platform that shall be read in conjunction with these Terms of Use and Disclaimer;
Renewal Term means the duration of Subscription Plan that have been automatically renewed by us in accordance with these Terms of Use, commencing on day one of such renewal until termination of the Subscription Plans by the Client or us;
Service Provider means Company authorised third-party that provides us the licence to offer access to the Software and Services;
Services the services offered on the Platform to the Client such as providing a custom onboarding subdomain, digital signature, AML procedure, CIAM and EKYC;
Software means our software, including all modifications, additions and further enhancements, in each case, which are provided by the Company and obtained directly or via a service provider or third-party;
Subscription Fees means the sum payable by Client to secure the Subscription Plans;
Subscription Plans means the subscription of the Client on the Platform to avail Services;
Subscription Term means the duration of a Subscription Plans prior to its renewal, commencing on the first day of Subscription Plan until its date of expiry or date of termination by the Client or us, whichever is sooner;
Terms of Use means this document that contains the terms and conditions that govern your use of the Platform;
Third-party Sites means any third-party website or technology platform or applicable and has meaning as defined in the Privacy Policy;
Trademarks the trademarks, logos, taglines, and service marks displayed on the Platform;
UAE means United Arab Emirates;
Us/ Our/ We refers to the Platform domiciled in the UAE and its affiliates, subsidiaries and related entities;
Visitor means any individual or business entity visiting, using or accessing the Platform who does not have an Account on the Platform; and
You/ Your/ (or a similar reference) refers to you as a Visitor or Client, irrespective of your relationship with us.

By visiting the Platform, you confirm that you are at least eighteen (18) years of age, which is legal age to form a binding contract and are not a person or entity barred from entering into contracts under the laws of the UAE or other applicable jurisdiction, and you provide unconditional consent to the Terms of Use. Please be aware that your current and future use of the Platform is subject to the Terms of Use. We urge you to read this document thoroughly. You may use certain parts of the Platform in accordance with the licence we provide you. Should you disagree to be bound by the Terms of Use, please do not use the Platform in any way.

DESCRIPTION OF THE COMPANY

This Platform allows you to access Services that facilitate the process of onboarding Clients. You may now perform Compliance Checks, continuously monitor, and actively report Clients for AML with your own dedicated subdomain which can be customised to your liking. The Platform allows you to onboard Clients through your mobile device, allow them to sign documents digitally, verify their identity and monitor the expiry of their documents. The data on the Platform has the highest standards of security and protection while ensuring a one stop solution for all your due diligence needs.

SITE ACCESS

The Platform is a tool used by Clients to minimise fraud. The Platform may be accessed on a mobile, tablet, laptop, computer, smart devices and other application program interfaces ( we cannot guarantee which devices work). The Platform offers a wide range of features including:
1. providing you with a dedicated subdomain,
2. mobile Client onboarding,
3. digital signature,
4. data protection,
5. document expiry,
6. identification document verification,
7. politically exposed person screening,
8. facial recognition,
9. adverse media screening,
10. continuous monitoring of Clients, and
11. scanning through global sanctions lists.

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable licence to:
1. Access and use the Platform and Software as expressly permitted in these Terms of Use and any applicable Subscription Plans. Any right which is not expressly granted, is reserved by us.
2. Access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal use.

Except as otherwise restricted by these Terms of Use, we grant you permission on a non-exclusive, non-transferable, limited basis to display, copy, and download content and materials on the Platform, provided always that you:
1. retain all copyright and other proprietary notices on the content and materials;
2. use them solely for personal or internal use or in accordance with any applicable Subscription Plan; and
3. do not modify them in any way.

The licence we grant you prevents you:
1. to download or modify any content, or any portion of it, except with prior written consent from us;
2. to use any robots, data mining or similar data gathering and extraction tools;
3. from any derivative use of the Platform or any resale use of the Platform;
4. to transfer viruses, trojans or other features that may contaminate the Platform;
5. you are not permitted to make any false, fraudulent or speculative reservation, transmit any unlawful, infringing, defamatory, threatening, indecent, obscene, pornographic or profane material or content that may constitute or encourage a criminal or civil offence or otherwise violate any law;
6. access, monitor, or copy any content or information of this Platform using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
7. violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Site;
8. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
9. deep-link to any portion of this Platform for any purpose without our express written permission;
10. “frame”, “mirror”, or otherwise incorporate any part of this Platform into any other website or mobile application without our prior written authorization;
11. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any Software used by Company in connection with this Platform or the content we provide; and
12. provide us with inaccurate information that masks your true identity, or attempt to gain unauthorised access to the Platform; and
13. you hold responsibility to be fully aware of the laws that govern your relationship with the Platform.

TERMS SPECIFIC TO THE PLATFORM’S SERVICES

1. Registration:
(a) In order to create an Account, you are required to disclose basic personal information such as your full name, e-mail address, phone number, a subdomain and a private password. The registration request is subject to our approval. Upon creation of an Account you will be provided with a unique subdomain which allows you to share the link via Whatsapp or copy the link and access your unique subdomain. You may perform Compliance Checks on Clients once you access your link. If you do not wish to share this personal information with the Platform, we request you to refrain from using the Platform. Our commitment to confidentiality of your information is in accordance with our Privacy Policy and we urge you to read it thoroughly prior to your engagement with the Platform.

(b) You agree to provide accurate and complete information in the registration form. Impersonation or misappropriation during the registration process shall result in the cancelation of your Account at our discretion. We reserve the right, at any time and without reason, advance notice, limitation or liability, to terminate your Account or restrict your access to the Platform, and to decline your registration at our sole discretion. Each registration is valid for a single entity and is non-transferable. You shall not be permitted to create an Account as an individual.

(c) You are solely responsible for the type and level of disclosures of information you make to the Platform. The security of your Account username and password shall be your sole responsibility and you will immediately notify us if you lose access to your Account.

2. Subscription Plan: (a) Once you create an Account, you may purchase one or more Subscription Plans from our offering by payment of the Subscription Fees, after careful assessment of their features.

(b) You may opt for an annual or a monthly packages which include:
1. a custom onboarding subdomain;
2. unlimited customers onboarding;
3. digital signature; and
4. document storage.

(c) You may opt for Additional Services Packages:
1. Additional Services may be opted for by the Client by purchasing Additional Services Packages.
2. The first Additional Services Package shall include global sanction list search and PEP and continuous monitoring.
3. The second Additional Services Package shall include facial recognition and identity verification.
4. These Additional Services Packages shall be offered as a supplement to the Subscription Plans and can only be accessed by purchasing Credits.
5. We reserve the right to amend, add or remove the components of the Additional Services Packages.

(d) You may secure your subscription to the Platform by submitting your credit/debit card details, CVV and upload a standing payment instruction with your bank to allow deduction of monthly Subscription Fee, as applicable for your Subscription Plans. For clarification, we do not store any financial information and this is usually stored by the payment gateway and is subject to their terms and conditions. We use Stripe as our payment gateway provider and you are advised to read their terms if you so wish to.

(e) The Subscription Plans automatically renew unless otherwise notified. If you purchase Subscription Plans, you agree to pay the then-current applicable Subscription Fees associated with the Subscription Plans and further agree and acknowledge that it will automatically renew, unless, prior to the end of the current period of effectiveness of the Subscription Plan.

(f) We reserve the right to modify, terminate, or otherwise amend the Subscription Fees and features associated with your Subscription Plans. We may also recommend that you purchase new Subscription Plans that are comparable to your previous Subscription Plans that are ending. Before we change the Subscription Fees and associated charges in effect, or make any additions, we will give you advance notice of at least thirty (30) days. If we provide you such advance notice, your continued use of the Services after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new Subscription Fees or features, you may terminate your Subscription Plans in accordance with these Terms of Use. If you accept the new Subscription Plans, its terms and conditions with these Terms of Use will apply in the Renewal Term and thereafter.

(g) You agree and acknowledge that the Subscription Plans include restrictions and requirements that outline the features that the Client will be able to access. Any violation by you of the licence provisions contained in this section may result in the immediate termination of your right to use the Platform, as well as potential liability for copyright infringement or other claims depending on the circumstances.

3. Services:
Compliance Check (individual Client):
Upon creation of your Account and completion of registration and payment of Subscription Fees, you will be able to access your unique subdomain and access the features of the Platform Within the subdomain your End User will be provided the option to choose to complete the EKYC form as an individual or a company Client. Once they choose the EKYC form for an individual Client, they will need to complete the respective forms which includes information such as their first and last name, their passport and Emirates ID details (if applicable), their nationality, occupation, country of residence, occupation, gender, designation, residential address, if they are a politically exposed person, the transaction that is going to be undertaken and its value and mode of payment. They will be required to upload identification documents and electronically sign to proceed with the process. Once such documents are uploaded and form signed, you may view the completed EKYC form for your review on your dashboard.

Compliance Check (company Client):
Upon creation of your Account and completion of registration and payment of Subscription Fees, you will be able to access your unique subdomain and access the features of the Platform Within the subdomain your End User will be provided the option to choose to complete the EKYC form as an individual or a company Client. Once they choose the EKYC form for an individual Client, they will need to complete the respective forms which includes information such as the company name, legal person, nature of their business, ownership structure, incorporation location, country of incorporation, date of incorporation, trade licence number and date, address and correspondence address of the company, and the personal identification details of all ultimate beneficial owners in the End User. You shall be required to add the transaction value, currency, payment method and upload the company’s documentation. They will be required to upload identification documents and electronically sign to proceed with the process. Once such documents are uploaded and form signed, you may view the completed EKYC form for your review on your dashboard.

The Company shall have access to the Personal Data of End User, however they will not access it for personal or any other use except for purposes stated in accordance with the Privacy Policy. Our commitment to confidentiality is in accordance with our Privacy Policy. During your use of the Platform, you might be redirected to Third-Party Sites and if you click on these links, these Terms of Use shall no longer govern your usage or access. We urge you to carefully read the terms and conditions of all Third-party Sites that you may be redirected to through the Platform or visit otherwise.

The Platform shall not engage with any Visitor or Client that has international sanctions (including but not limited to trade, military, economic) against them by an international, national or regulatory authority. We shall not intentionally provide services to any of the United States Office of Foreign Assets Control (OFAC) sanctioned countries, subject always to the laws of UAE. Kindly refrain from using the Platform if you are sanctioned by OFAC or deal with OFAC sanctioned persons or entities. In accessing the Platform, you will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms of Use or the applicable laws of the UAE.

PAYMENT TERMS

1. Subscription Plans: The prices, features, and options of the Services depend on the Subscription Plans selected as well as any changes instigated by Customer. We do not represent or warrant that any particular Subscription Plans will be offered indefinitely and reserves the right to change the prices for or alter the features and options in particular Subscription Plans without prior notice.
2. Taxes: All Subscription Fees are exclusive of applicable value added taxes or other future taxes. You shall be charged the applicable taxes in addition to the published Subscription Fees for the subscription package that you purchase.
3. Recurring charges: By completing registration for Subscription Plans, you authorise us to charge your payment on a recurring basis, as applicable: (a) the applicable Subscription Fees; (b) any and all applicable taxes; (c) any ancillary charges incurred in connection with your use of the Services. The authorisation continues through the applicable Subscription Term and any Renewal Term until Client cancels the Subscription Plans as per these Terms of Use.
You hereby undertake not to dispute the recurring charges unless we have charged you after you have cancelled your subscription.
4. No refunds: All payments are strictly non-refundable except as expressly provided in these Terms of Use. Charges for pre-paid Subscription Plans will be billed to the Client in advance.
5. Non-payment or delay in payment: If we do not receive any payments from you pertaining to your Subscription Plans, we reserve the right to suspend your access to the Platform until payment is received by us. Alternatively, you may notify us to terminate your Subscription Plans in which case, all accrued payments until the date of termination shall become payable by the Customer.
6. Billing cycle: We shall send an invoice to your registered email address at the beginning of every month of your Subscription Term for the forthcoming month, thereby, you shall be making all payments in advance to us.
You may choose to cancel your Subscription Plans at any time but shall have access till the end of the billing cycle. Any upgrades or downgrade to your existing Subscription Plans shall reflect instantly in your subscription however, you shall be liable to pay any overlapping charges to the Subscription Fees pursuant to the change of your Subscription Plans. You agree and acknowledge that your Account may lose access to certain features when you opt to downgrade your Subscription Plans and you release the Platform and Company from all claims in this respect.
7. Payments may be made via Visa and Master Card credit or debit card in the currency Arab Emirate Dirhams (AED) and in such cases the credit or debit card will be charged at the time the purchase(s) is made.
8. We DO NOT collect and do not intend to collect, any financial information, including CVV or credit card or debit card pins, from any purchases made by you on the Platform, although such information will be stored on a secure server in your Account on the Platform that is used only for your ease of convenient future purchases. Any data or personally identifiable information collected at the time of processing the transaction shall not be stored, sold, shared, rented or leased to third-parties. Multiple transactions may result in multiple postings to the card-holders’ monthly card statement.
9. It is your responsibility to check with your bank for any additional service charge, loyalty or convenience, finance, foreign exchange or other charges, prior to making a purchase on the Platform. The Platform shall not be held responsible or liable for any excess charges made by banks to your credit or debit card.

INTELLECTUAL PROPERTY

1. The Platform contains materials that are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties.
2. You acknowledge the Platform contains content including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, software, logos, text, arrangements and layouts designed, created, compiled, prepared by us and all rights are reserved, and are protected by international copyright laws. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, database rights, service marks and know-how, any improvements and derivatives thereof are proprietary to us and may only be used by licensees authorised by us, and are protected by international intellectual property rights laws. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights on this Platform without our prior written consent.
3. All Trademarks displayed on the Platform are registered and unregistered Trademarks of the Company and the Service Providers. The Trademarks may not generally be used in any advertising or publicity, or otherwise to indicate the Company’s or Platform’s sponsorship of or affiliation with any entity without our prior express written permission. We acknowledge the Trademarks of other entities for their respective products or services mentioned on the Platform.
4. Copyrights: We respect copyright law and expect our users to do the same. If you believe that any content or material on the Platform infringes copyrights you own, please notify us on (insert email address).

ONLINE COMMUNICATION

The Platform engages with you on the website and mobile application via notices, via emails in the nature of receipts, advertisements, response to feedback, details relevant to registration and your user profile. You consent to all electronic communication between us. The Platform has discretion to delete any comment, post or message uploaded by you on the Platform, or delete any email exchanged between the Platform and you; any unlawful, harmful, threatening, abusive, defamatory, harassing, vulgar, profane, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law, uploaded by you.

SUBMISSIONS ON THE PLATFORM

You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments or suggestions through our email address hello@obsequ.io. Any information, reference, approved reviews, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. We shall be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you. The information provided or submitted by you on the Platform does not constitute our opinion or advice, and the information provided should not be used or acted upon without consulting a qualified advisor.

THIRD-PARTY SITES

The Platform may include advertisements or banners or options with external links on to Third-party Sites. Once you click or access these Third-party Sites, you will leave the Platform. We do not investigate, review, endorse, represent or control the content of any Third-party Sites, unless otherwise expressly stated in the Terms of Use. We are not responsible or accountable for the content displayed on Third-party Sites. You will access and use these Third-party Sites at Your sole risk and liability. You also agree not to link any other site or Third-party Sites to the Platform without our express prior written consent and approval.

The Third-party Sites may select and deliver (separate and unrelated to this Platform) ad networks, advertising agencies, advertisers and audience segment providers. These Third-parties Sites may collect information about you and your online activities, either on the Platform or on other websites, through Cookies, web beacons, and other technologies in an effort to understand your interests and deliver to your advertisements that are tailored to your interests. We do not have access to, or control over, the information that Third-party Sites may collect. The information practices of these third-parties or Third-party Sites are not covered in these Terms of Use or our Privacy Policy.

TERM AND TERMINATION

For Visitors: You may terminate use of this Platform at any time by ceasing further use or access to the Platform. We reserve the right to cancel or block your access to this Platform at our sole discretion without notice.
1. For Customers: These Terms of Use shall become legally binding from day one of your Subscription Plans until the Subscription Plans or Renewal Term expires or you cease to use the Platform. You agree and acknowledge that your Subscription Plans shall automatically renew for the Renewal Term unless you (a) terminate your Account; or (b) you specify your Account to be on non-automatic renewal; or (c) you contact us directly on (insert email address). You may terminate your agreement with us by sending us an email to discontinue your Subscription Plans or to deactivate your Account.
2. For the Platform: We reserve the right to cancel or block access to this Platform in respect of any Client at any time without notice. We also reserve the right at any time, and for any reason to terminate this agreement in respect of any Client upon written notice by email. Termination of the agreement between us in these Terms of Use does not affect either party’s accrued rights or liabilities prior to the date of termination.
3. Suspension of Services/access: In accordance with these Terms of Use, we may suspend any use of the Services, remove any content or disable or terminate any Account or Client that we reasonably and in good faith believes violates these Terms of Use.
4. Effects of Termination: Upon termination, Client shall pay the Platform any monies accrued until the date of termination, including Subscription Fees and any associated charges. All licences and use rights granted to the Client with respect to the Platform and the Services and intellectual property shall immediately terminate. We shall not be obligated to provide you our Services.

LIMITATION OF LIABILITY

You understand all aspects of all details provided on the Platform are not intended to be legal, financial, technical, medical, economical or professional advice of any kind, each of which are subject to further terms and conditions; thus, you are advised to read the specific terms or conditions of each, carefully. The Platform holds no liability to you for any direct, indirect, special, exemplary, incidental or consequential damages, including but not limited to, software glitches, inaccurate pricing due human or technical errors; damages for loss of profits, goodwill, use, data or other intangible losses, resulting from use of the Platform.

SURVIVABILITY

If a court of applicable jurisdiction finds any part of the Terms of Use unenforceable or invalid, then such part shall be deemed deleted and the rest of the Terms of Use shall continue to be in effect to the fullest extent permissible by the applicable laws.

AMENDMENT

We reserve the right to change any content on the Platform including the Terms of Use, Privacy Policy and Disclaimer without any prior notice. The most recent version of the Terms of Use, Privacy Policy and Disclaimer will always be available on the Platform therefore you are encouraged to visit the Platform and read these Terms of Use prior to using the Platform. Your continued use will automatically be deemed as your consent to these Terms of Use.

NOTICES OR COMMUNICATION

Any notices or communication under the Terms of Use, Privacy Policy or Disclaimer may be delivered to you electronically and such notification shall be deemed valid. Notices or communication to us can be delivered electronically at hello@obsequ.io.

GOVERNING LAW AND JURISDICTION

By using the Platform, you expressly consent and agree to the governing law and jurisdiction of the UAE over the Terms of Use and any dispute over the content of the Platform or relating to us shall be subject to the exclusive jurisdiction of three (3) arbitrators under the rules of the Dubai International Arbitration Centre (DIAC) with the seat in Dubai, UAE irrespective of your geographical location, in the English language.

DISCLAIMER

This Disclaimer shall be read in conjunction with the Terms of Use and Privacy Policy of this Platform. Capitalised terms in this Disclaimer have the same meaning as in the Terms of Use.

You shall use the Platform at your own risk and sole liability. We do not make any warranties or representations, whether express or implied, whether arising out of law or otherwise, in relation to your use of the Platform, the accuracy of the content on the Platform, or the quality or quantity of any postings or updates; nor do we accept any liability for any reviews or feedback. We assume no liability or responsibility for any errors or omissions in the content of the Platform.

While we may make changes to the Platform without any prior notice, at the same time, we are not obligated to make any such amendments unless we are obligated by law to do so. We reserve the right to disclose any information that you may provide to us through the Platform, to our legal representatives and advisors and any governmental or federal authority in the UAE, without any prior notice or consent.

We shall not be accountable to you or any third-party relying on you, and in this respect, you agree to fully indemnify us, for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that you may incur through using this Platform. We shall not be liable for any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Platform or any Third-party Sites.

You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Platform. If you have any concerns, questions or feedback, please direct these to hello@obsequ.io.

Last updated in March 2023 ©