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Welcome to Third Factor AI. These Terms and Conditions ("Terms") govern your access to and use of the Third Factor AI platform, including all related services, products, APIs, SDKs, dashboards, and features (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Definitions

1.1. Service

Any and all services provided through the Third Factor AI platform, including TF Verify, TF Shield, TF Comply, TF Access, TF Lens, TF Obsidian, and any related APIs, SDKs, dashboards, hosted flows, webhooks, and documentation.

1.2. User

Any individual, organization, or entity that registers for an Account on the platform and/or uses any Service.

1.3. Client

Any business or institution that integrates the Service into its own products or workflows under a commercial agreement with Third Factor AI.

1.4. Account

A unique account created by a User or Client to access and manage the Service.

1.5. End Customer

Any individual whose identity is verified, screened, or processed through the Service by a Client.

1.6. Content

Any data, documents, images, biometric captures, or other materials submitted to or processed through the Service.

1.7. Company

Third Factor AI, the entity operating this platform.

2. Account Registration

2.1.

To use the Service, you must register for an Account and provide accurate, complete, and current information as requested.

2.2.

You are responsible for keeping your Account credentials, including API keys, access tokens, and passwords, confidential. You are solely responsible for all activities that occur under your Account.

2.3.

You agree to notify us immediately at information@thirdfactor.ai if you suspect any unauthorized use of your Account or any security breach.

2.4.

Organizations integrating the Service must ensure that only authorized personnel have access to Account credentials and management functions.

3. Acceptable Use of the Service

3.1.

You agree to use the Service only for lawful purposes and in compliance with all applicable local, national, and international laws, including laws on identity verification, data privacy, AML, CTF, and telecommunications.

3.2. Prohibited Activities

You may not use the Service to:

Verify or process individuals without a lawful basis or without obtaining required consent from End Customers.
Engage in fraudulent, deceptive, or unauthorized identity verification.
Reverse engineer, decompile, or attempt to extract the underlying AI models, algorithms, or proprietary logic of the Service.
Violate NRB directives, FATF guidelines, or applicable AML/CFT regulations.
Transmit viruses, malware, or any code designed to disrupt or damage the Service.
Resell or sublicense the Service without a written agreement with Third Factor AI.
Process biometric or identity data for purposes not disclosed to or consented to by the End Customer.

3.3. Regulatory Compliance

Clients operating in regulated industries, banking, financial services, insurance, telecommunications, are solely responsible for ensuring their use of the Service complies with all applicable regulatory requirements, including NRB KYC/AML directives and any other sector specific regulations in their jurisdiction.

3.4. End Customer Consent

Clients are responsible for obtaining all necessary consents from End Customers before submitting their data, documents, or biometric information to the Service.

Third Factor AI processes End Customer data solely as directed by the Client.

4. Payment and Credits

4.1.

Access to the Service is subject to the pricing and commercial terms agreed at onboarding or contract execution.

4.2.

For usage based plans, fees are calculated based on verified transactions, API calls, or active users as defined in the applicable pricing schedule.

4.3.

All payments are due as specified in the invoice or commercial agreement. Third Factor AI reserves the right to suspend access to the Service in the event of non payment after the applicable notice period.

4.4.

Fees paid are non refundable except where otherwise agreed in writing or required by applicable law.

4.5.

Third Factor AI reserves the right to update pricing at any time. Clients will be notified of pricing changes with a minimum of 30 days advance notice.

5. Intellectual Property

5.1. Third Factor AI's IP

All intellectual property rights in the Service, including AI models, software, APIs, SDKs, documentation, design, trademarks, and proprietary algorithms, are the exclusive property of Third Factor AI or its licensors.

No rights are granted beyond the limited license to use the Service as described in these Terms.

5.2. Proprietary AI Engine

The underlying AI engine powering the Service is proprietary to Third Factor AI.

Users and Clients may not attempt to reverse engineer, decompile, extract, replicate, or derive the AI models or training data through any means.

5.3. Client's Content

Clients retain ownership of all data and documents they submit to the Service.

By using the Service, the Client grants Third Factor AI a limited, non exclusive license to process submitted Content solely to deliver the Service as configured by the Client.

5.4. Feedback

Any feedback or suggestions submitted by Users or Clients may be used by Third Factor AI to improve the Service without any obligation or compensation.

6. Data Privacy and Security

6.1.

Third Factor AI processes personal data and biometric information in accordance with its Privacy Policy, available at Privacy Policy.

For Clients on on premise deployment, all personal data, biometric captures, and verification results are processed and stored entirely within the Client's own infrastructure.

Third Factor AI does not retain, access, or process this data.

6.3.

For Clients on SaaS or hybrid deployment, data handling is governed by the Data Processing Agreement ("DPA") executed at onboarding.

6.4.

Clients are responsible for implementing appropriate technical and organizational measures to protect End Customer data within their own systems and for complying with all applicable data protection laws.

6.5.

Third Factor AI maintains security controls including API authentication, JWT signing, webhook verification, role based access controls, and audit logging across all managed deployments.

7. Service Availability and Limitation of Liability

7.1.

Third Factor AI will use commercially reasonable efforts to keep the Service available and operational.

Target uptime for production environments is 99.99% for on premise deployments and 99.9% for SaaS deployments, subject to scheduled maintenance communicated in advance.

7.2. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non infringement.

7.3. AI Output Disclaimer

AI generated outputs, including OCR, document classification, biometric matching, fraud detection, and compliance screening, are probabilistic in nature.

They are intended to assist decision making and must not be relied upon as the sole basis for legal, regulatory, compliance, or business decisions.

Clients remain responsible for implementing appropriate review processes and exercising independent judgment where required.

7.4. OCR and AI Accuracy Disclaimer

Third Factor AI uses artificial intelligence and optical character recognition (OCR) to extract information from identity documents, passports, licenses, forms, and other submitted materials.

While we continuously improve the accuracy of these technologies, OCR and AI generated outputs are not guaranteed to be complete, accurate, or error free.

Variations in document quality, lighting, image resolution, formatting, handwriting, document damage, language, and other edge cases may result in incorrect or incomplete extraction.

Clients are responsible for validating extracted data where required and implementing appropriate review processes before relying on AI generated results for operational, regulatory, or legal decisions.

7.5. No Guarantee of Perfect Accuracy

Third Factor AI does not warrant that any OCR extraction, biometric comparison, liveness detection, sanctions screening, fraud detection, or AI generated recommendation will achieve 100% accuracy.

The Service is designed to assist identity verification and compliance workflows, but final decisions remain the sole responsibility of the Client.

7.6. Limitation of Liability

To the maximum extent permitted by applicable law, Third Factor AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, arising from:

Your access to, use of, or inability to access or use the Service.
Any decision made by a Client based on the outputs of the Service.
Unauthorized access to or alteration of your Content or Account.
Any third party systems, networks, or services connected to or integrated with the Service.

7.7.

Third Factor AI's total aggregate liability to any Client shall not exceed the total fees paid by that Client in the three months preceding the event giving rise to the claim.

8. Client Liability and Indemnification

8.1.

Clients are solely responsible for the lawful and compliant use of the Service within their platforms, products, and operations.

8.2.

The Client shall indemnify and hold harmless Third Factor AI and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses, including reasonable legal fees, arising from:

The Client's breach of these Terms.
The Client's failure to obtain required End Customer consents.
The Client's non compliance with applicable laws or regulatory directives.
Any claim by an End Customer, regulator, or third party arising from the Client's use of the Service.

8.3.

Third Factor AI uses third party data sources and sanctions databases to provide certain screening and compliance features.

Third Factor AI is not liable for the accuracy or completeness of third party data sources.

9. Termination

9.1.

Third Factor AI may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason including but not limited to:

Breach of these Terms.
Non payment of fees after the applicable notice period.
Fraudulent, illegal, or unauthorized use of the Service.
Use of the Service in a manner that creates regulatory, legal, or reputational risk for Third Factor AI.

9.2.

Clients may terminate their use of the Service by providing written notice to information@thirdfactor.ai in accordance with their commercial agreement.

9.3.

Upon termination, the Client's access to the Service will be revoked.

For SaaS deployments, Client data will be handled in accordance with the DPA.

For on premise deployments, all data remains within the Client's own infrastructure.

10. Privacy Policy

10.1.

Your use of the Service is also governed by our Privacy Policy, available at Privacy Policy.

Our Privacy Policy explains how we collect, use, and protect personal information in connection with the Service.

10.2.

By using the Service, you consent to the data practices described in the Privacy Policy to the extent applicable to your deployment model.

11. Governing Law

11.1.

These Terms shall be governed by and construed in accordance with the laws of Nepal.

11.2.

Any dispute arising from these Terms will first be attempted to be resolved through good faith negotiation.

If unresolved within 30 days, it will be subject to the exclusive jurisdiction of the competent courts of Nepal.

12. Changes to the Terms

12.1.

Third Factor AI reserves the right to modify these Terms at any time.

Updated Terms will be posted at /terms-and-conditions with the effective date clearly shown.

12.2.

Clients will be notified of material changes via email or dashboard notification.

Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

12.3.

If you do not agree to the updated Terms, you must notify us at information@thirdfactor.ai.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: information@thirdfactor.ai

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