SERVICE AGREEMENT BETWEEN GO.CAM AND THE BUSINESS CUSTOMER (last modified 22-01-2024)

Article 1: General

1.1 These Terms and Conditions are a Agreement between GO.CAM (‘ GO.CAM ’) and the Business Customer (also referred to as ‘ you ’) as a user of the Go-Cam Age-verification Service provided by GO.CAM.
1.2 The Terms and Conditions apply to the Go-Cam Age-verification Service rendered by GO.CAM to you and thereby entering a Agreement between you and GO.CAM.
1.3 In order to use the Age-verification Service the Business Customer has to register himself on the GO.CAM website and accept these Terms and Conditions.
1.4 The Business Customer must be a person who is legally competent and authorized to sign binding Agreements and must be at least 18. If the legislation of majority in the country of the Business Customer differs from this rule the Business Customer must be at this age of majority.  By using the GO.CAM Age-verification Services, you confirm that you have the required age.
1.5 GO.CAM has the right to make changes to this Agreement. GO.CAM will notify the Business Customer of such changes by means of placing the new, amended Agreement on the GO.CAM website. The changes take effect as from the date the new amended Agreement is placed on the GO.CAM website. If the Business Customer is unable to agree with the changes the Agreement will terminate.

Article 2: Definitions

For the purposes of this Agreement, the following terms - when used capitalized herein - shall have the following meanings unless they are defined otherwise in this Agreement.

Age of Majority : the age of the End User is is not less than 18 years old and/or the End User’s age is the age of majority in his country of residence as detected from the IP address of the End User.

GO.CAM Age-Verification : means the verification that the End User has the Age of Majority.

GO.CAM Age-Verification Methods : means the verification methods used by GO.CAM. The methods are the following: method (1) is the face recognition, method (2) is identification by credit card and method (3) is the End User having to take a picture of a valid form of identification (his ID card, his driver license, his passport).

Method (1): is considered the preferred method and works as follows: First GO.CAM shall execute the Age-Verification by way of face recognition whereby the End User has to take a selfie of himself. GO.CAM will make several snapshots of the face of the End User in a mixed combination of smiling/non-smiling poses, in order to verify that there is actually a live person in front of the camera.
If the age GO.CAM detected at the first step doesn’t satisfy the Age of Majority or the detected age is too close to the Age of Majority, GO.CAM will execute the GO.CAM Age-Verification by way of identification of a provided government issued identification form. In this respect GO.CAM will ask the End User to provide a valid form of identification (ID card, driver license, passport) from which GO.CAM will extract the relevant information which GO.CAM needs in order to decide if the End User has the Age of Majority. GO.CAM shall use/extract the data from the End User who chooses any of these: (i) ID card; (ii) driving license; and/or (iii) passport.

Method (2): works as follows: the End User will have to provide a valid credit card number.

Method (3): works as follows: the End User will have to take a picture of a valid form of identification (his ID card, his driver license, his passport).

GO.CAM Age-Verification Fee : the fee due by the Business Customer to GO.CAM for the GO.CAM Age-Verification Services.

GO.CAM Age-Verification Service : means the age verification services GO.CAM renders for the Business Customers in order to verify that the End User’s has the Age of Majority.

GO.CAM Age-Verification Solution : means a combination of Age-Verification Methods.

Agreement : means the content of this document.

Business Customer : means the online services provider individual or company for whom GO.CAM is rendering the GO.CAM Age-Verification Services, and whose website the End User wants to visit and/or whose online services and/or content the End User wants to access.

Business Customers Account : the account of the Business Customer which the Business Customer has to open with GO.CAM to use the GO.CAM Age-Verification Service.

End User Data : means any personally identifiable information of the End User provided by the End User through GO.CAM necessary to provide the Age-Verification Services by GO.CAM to the Business Customer.

End User means the individuals who use GO.CAM, in order to have established that he has the Age of Majority so he is able to access age restricted content and/or access to websites that have restricted content and/or websites, which restrict access to certain features. 

End User GO.CAM terms and Conditions : the conditions provided by GO.CAM which the Business Customer has to make accessible to the End User.

“GO.CAM”, “we” or “our“ : means with an address at as well as the technology that provides age-verification arrangements to verify that the End Users accessing rights to certain websites and/or certain types of content shown on websites have the Age of Majority. We will refer to GO.CAM in this Agreement, given that it is the commercial brand for the Services. 

Parties : the Business Customer and GO.CAM.

Website Services : services the Business Customer provides to the End User that is to provide access rights to certain websites and/or certain types of content shown on websites.

Article 3: the Services

3.1 GO.CAM will provide Age-Verification Services to the Business Customer against a Service Fee.

3.2 The End User will have to select one of the three GO.CAM Age Verification Methods.

3.3 All the process takes place in the device of the End User. In case of identification of a provided government issued identification form, the End User Data provided for the GO.CAM Age-Verification process consisting of a photo of the ID card, passport or driving license of the End User, will reside only on the End User’s device (PC/laptop/smartphone) and will be deleted after being processed meaning no private information of the End User is accessible for GO.CAM and/or the Business User.

3.4 The Age-Verification Services provided by GO.CAM include the following: 

• An effective control mechanism at the point of the End Users registration or access  to the Business Customer’s Website Services, which verifies that the End User has the Age of Majority.
• The inclusion of measures with authentic Age-Verification data and measures, which are effective at preventing use by non-human operators, including algorithms. 
• The GO.CAM Age-Verification Services rendered by GO.CAM are designed and implemented in a way that: 
  • No personal data need to be transmitted, uploaded, exchanged to establish that the End User has the Age of Majority;
  • It is easily usable by the End User;
  • Includes clear information to the End User regarding the process; 
  • It is used only to confirm that the End User has the Age of Majority.
    

3.5 After the Age-Verification, the Business User will receive information whether the End User has the Age of Majority.

3.6 GO.CAM may update the GO.CAM Age-Verification Services to add and improve its functions.

Article 4 : Using the GO.CAM Age-Verification Service by the Business Customer

4.1 In order to use the GO.CAM Age-verification Service, the Business Customer will need to use the open a Business Customer Account.

4.2 In order to use the GO.CAM Age-verification Service, the Business Customer has to redirect his End Users to GO.CAM using the GO.CAM API. The End User does not need an account in GO.CAM and can use GO.CAM without creating an account. The End User needs to accept the End User GO.CAM terms and Conditions.

4.3 You must ensure the information you provide to GO.CAM is always accurate and up to date. If at any time GO.CAM believes that the information provided by You is outdated or inaccurate, GO.CAM may require you to update this information and GO.CAM may require you to complete the identification and verification process again.

4.4 Your Business Customer Account is strictly personal and can not be used by third parties or on behalf of the business of third parties.

4.5 You agree to reimburse GO.CAM for any losses GO.CAM incurs as a result of your breach of, or failure to comply with, this Agreement, or if GO.CAM suffers any losses as a result of your use of the GO.CAM Age-Verificaton Service.

4.6 You must not:
a) use the GO.CAM Age-Verificaton Service in any unlawful way, for illegal activities, in breach of the Agreement or act fraudulently or maliciously (for example, by accessing the GO.CAM Application of third parties);
b) Modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from GO.CAM, or any other software or documentation of GO.CAM, or create or attempt to create a substitute or similar service or product through use of or access to the GO.CAM or proprietary information or materials related thereto.
c) Provide, transfer or make available the Age-Verification Service (or any application interface made available by GO.CAM) to any third party.
d) Bypass any security measure or access control mechanism of the GO.CAM Age-Verification Service.
e) Infringe intellectual property rights in relation to the GO.CAM Age-Verification Service, or your use of it;
f) use the GO.CAM Age-Verification Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other persons (GO.CAM expects fair levels of use) and/or engage in any activity that disrupts the GO.CAM Age-Verification Service;
g) attempt to alter or decipher any transmissions to or from the servers running any service (for example, by trying to break the encryption protecting those transmissions).
h) Resell or otherwise distribute for financial consideration any information provided by GO.CAM. 
i) Scrape any information or content made available by GO.CAM for use in another product or service. 

GO.CAM remains the right to check on a regular basis if you meet the conditions laid down in this article.

Article 5: GO.CAM Age-Verification Fee

5.1 The Business Customer pays GO.CAM, for every Age-Verfication subject to the GO.CAM Age-Verification Service a GO.CAM Age-Verification Fee which will be displayed in your Business Customer Account such amounts being designated collectively hereinafter “the GO.CAM Age-Verification Fees”.

5.2 GO.CAM will send an monthly invoice or monthly subscription by email to the Business Customer outlining the GO.CAM Age-Verification Fees due by the Business Customer to GO.CAM, which invoice or subscription will also be displayed in the Business Customers Account. The invoice will be payable within 15 (fifteen) days.

Article 6: Termination of this Agreement and blocking of the GO.CAM Age-Verification Service

6.1 GO.CAM may suspend or end your use of the GO.CAM Age-Verification Services (or part of it) at any time:
1) if you breach this Agreement;
2) in the event GO.CAM is unable to identify you or authenticate your identity;

3) if GO.CAM suspects that unauthorized or fraudulent use of the GO.CAM Age-Verification Services or GO.CAM suspects fraud, prohibited transactions or money laundering or any other violation of the law. In the event of suspected fraud, prohibited transactions or money laundering, or not complying with this Agreement, GO.CAM may as a result report all relevant information in this respect to the to the relevant authorities without informing the Business Customer.
4) In case of 3 years of inactivity on the GO.CAM Age-Verification Services of the Business Customer;
5) if GO.CAM is required to do so by law; or
6) in other circumstances where GO.CAM believe that there is a valid reason (such as for risk or fraud management), or at your request.

6.2 GO.CAM may otherwise decide to stop providing you with the GO.CAM Age-Verification Services and end this Agreement at any time by giving you 1 month' notice.

6.3 You may stop your use of the GO.CAM Age-Verification Services at any time by ending this Agreement. Doing so GO.CAM will not automatically delete your user information that GO.CAM holds. You can delete your user information in the GO.CAM Website. You can contact GO.CAM at # and GO.CAM can delete the Business Customer information we hold about you. When your Business Customer information is deleted, GO.CAM will continue to hold certain information about you and your use for as long as it is required to enable GO.CAM to comply with legal requirements, and for operational reasons such as issue resolution, complaint handling and “Know Your Customer” regulations. See the GO.CAM Privacy Policy for further details on the retention period(s).

6.4 The termination of this Agreement does not affect the legal rights, obligations and responsibilities the Business Customer and GO.CAM have used, that have applied to the relationship between the Business Customer and GO.CAM, or that arose in the period that the Agreement was in effect or for which it is stipulated that they remain valid for an indefinite period.

Article 7: Confidentiality

7.1 GO.CAM agrees not to disclose any confidential information in respect of the Business Customer without the Business Customers prior written consent.

7.2 The Business Customer shall not to disclose GO.CAM confidential information and/or confidential information included within the End Users Data without GO.CAM prior written consent.

7.3 If GO.CAM will be ordered by a Court or Administrative Authority to disclose information regarding the Services provided to the Business Customers, GO.CAM will do so.

Article 8: Data Protection

8.1 If the account information (of the Business Customer) processed and stored by GO.CAM is personal data in accordance with the GDPR, GO.CAM shall process such personal data in accordance with the GDPR and applicable personal data protection laws (See our GO.CAM Privacy Policy).

8.2 By using the GO.CAM Age-Verification Services you explicitly consent to GO.CAM collecting and using technical information about your usage and device to improve our products and to provide any services to you.

Article 9: Representations and warranties

9.1 The GO.CAM Age-Verificaton Service is based on the End User Data provided by the End User. GO.CAM can not be held responsible by the Business Customer if the End User Data provided by the End User are not personal, truthful, accurate and/or not owned by the End User.

9.2 GO.CAM cannot be held responsible for infringement, damage or loss in relation to the End User Data.

9.3 GO.CAM does not guarantee the availability of the GO.CAM Age-Verification Service. GO.CAM cannot be held responsible for losses if the GO.CAM Age-Verification Service is down, if the GO.CAM Age-Verification Service is not functioning as intended or expected or if information necessary to provide the GO.CAM Age-Verification Service is not correct.

9.4 GO.CAM is provided in an “AS IS” and “AS AVAILABLE” basis. GO.CAM can not be held responsible by the Business Customer if information, content, services or results available in respect of the GO.CAM Age-Verification Services are not accurate, secure, free from error or reliable.

Article 10. Intellectual Property Rights

10.1 Unless otherwise stated, we are the owner or licensee of all intellectual property rights in GO.CAM, and in the materials published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.

10.2. Using our products or services does not give you ownership of any intellectual property rights in our products or services, or the content you access.

10.3. GO.CAM and the services and content provided by GO.CAM is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.

10.4. You may not use any of our trade names, trademarks, service marks, logos, domain names, etc.

Article 11: Dispute Resolution

11.1 This Agreement shall be governed by and interpreted in accordance with the laws of France.

11.2. For any matter related to the interpretation or execution of this Agreement, the Parties expressly waive to submit to any courts which might have jurisdiction over the subject matter, and agree to submit to the sole competence and jurisdiction of the Courts of the City of Marseille.

11.3.  If any compulsory law or regulation states that the competent Courts shall be those of the domicile of the Business Customers or another, such compulsory laws shall prevail in relation to the competence and jurisdictional Courts applicable to this Agreement.

Article 12: General Provisions

12.1 Force Majeure: Except for payment obligations, if either party is prevented from performing or is unable to perform any of its obligations under this Agreement due to causes beyond the reasonable control of the party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes (each, a “Force Majeure Event”), such party’s performance shall be excused and the time for performance shall be extended accordingly provided that the party immediately takes all reasonably necessary steps to resume full performance. If such party remains unable to resume full performance fifteen (15) days after the Force Majeure Event, the other party may terminate this Agreement upon written notice.

12.2 Severability: If any of the provisions of this Agreement is declared invalid or unenforceable by any Court or Administrative body such provisions shall be deemed several from the remainder of this Agreement and not affect the validity or enforceability of the remainder of this Agreement. In that case, such provisions shall be changed and interpreted to achieve the purposes of those provisions in as much as possible within the extent of relevant laws or judgment of the Court or Administrative body and taking into account the interpretation of the whole Agreement.

12.3 Survival: Article 6 (Termination), 7 (Confidentiality) and 11 (Dispute Resolution) shall survive termination or expiration of this Agreement for any reason. All other rights and obligations of the parties under this Agreement shall expire upon termination of this Agreement, except that all payment obligations accrued hereunder prior to termination or expiration shall survive such termination.

12.4 Assignment: GO.CAM shall be entitled to assign, sublicense, delegate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party if the assignee shall assume all rights and obligations under this Agreement.

12.5 Notices: All notices and other communications hereunder amongst the parties shall be in writing and done by email with confirmation receipt. Either party may change its address by providing the other party with written notice of the change in accordance with this section.

12.6 Entire Agreement: This Agreement constitutes the entire Agreement between the Parties and supersedes all previous Agreements, oral or written, with respect to the subject matter of this Agreement. The information and documents provided by the End Users to GO.CAM, as requested by the latest in order to enter the Agreement, shall be also considered as part of this Agreement. 

12.7 No Third Party Beneficiaries: This Agreement shall be binding upon and inure solely to the benefit of the Parties hereto and their permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.