SmartCheck Terms and Conditions of Use

Terms and Conditions of Use

Last updated: May 1, 2024

General Terms

By accessing and using the services of VERIFIK APP (hereinafter, "Platform"), the User confirms that they agree to and are subject to the terms and conditions of use (hereinafter, "Terms and Conditions" or "Agreement") described below, thereby constituting a legal bond between the User and VERIFIK. These Terms and Conditions apply to the entire Platform and constitute the terms of use and privacy for all services currently provided and those added in the future by VERIFIK LLC (hereinafter, "VERIFIK"). The services that VERIFIK makes available to the User through the Platform are subject to these Terms and Conditions. A User who does not agree with the Terms and Conditions will not be able to use the Platform's Services. This Agreement does not create any partnership, mandate, franchise, or employment relationship between VERIFIK and the User. For the purposes of these Terms and Conditions, the User will be the natural person who registers to use the Platform's Services.

User Capacity The User who accepts these Terms and Conditions must be legally capable of entering into a contract as permitted by their autonomy of will and the laws applicable to them. VERIFIK understands that the User who accepts these Terms and Conditions is aware of whether or not they are capable of entering into contracts. Those considered absolutely or relatively or partially incapable must have authorization from their legal representatives to enter into this Agreement, and the latter will be considered responsible for any conduct of their proxies. The User who wishes to use the Platform must meet the age of majority required according to the applicable law of their country of residence and the country, state, or city in which they are located when using the Platform (hereinafter "Applicable Law"). If residing in a jurisdiction that restricts the use of the Platform due to age or restricts the ability to enter into contracts such as this Agreement due to age, the User must respect these age limits and refrain from using the Platform.

License

VERIFIK grants a revocable, non-exclusive, temporary, non-transferable, and limited license to download, install, and use the Platform under the terms of this Agreement; therefore, under no circumstances does the User acquire ownership of the Platform.

Registration

To use the Services, the User must open an account (hereinafter, "Account") on the Platform and provide the requested information in the forms enabled to register the Account. At the time of registration, the Platform will ask the User to enter the email address they wish to use to access it, as well as their name and phone number. Once the data is entered, VERIFIK will send the User an email and a text/WhatsApp message to confirm the Account. After confirming the validation code, the Account will be activated, and the User can begin to enjoy the Services available on the Platform. The Account corresponds to the credentials the User has to access the Platform, and only one Account will be enabled for each User. Users can access the Services when they have an active Account. The User can access the Account from any tablet, cell phone, computer, or any other device with an Android or iOS operating system that allows an internet connection. VERIFIK understands that any information provided by the User is done so under oath and, therefore, exempts VERIFIK from possessing false information about any User. In any case, VERIFIK reserves the right to contact the User at any time to verify their information or any other data they have provided to VERIFIK by any means. The User is fully responsible for all activity that occurs in the Account, including any actions taken by people to whom the User has granted access to the Account. VERIFIK reserves the right to suspend or block the current or future use of the Platform and/or delete the Account if it suspects that the User has provided false, inaccurate, outdated, or incomplete information (or that has become false, inaccurate, outdated, or incomplete). In any case, VERIFIK reserves the right to suspend, block, or delete an active Account without being obligated to communicate or explain the reasons for its decision and without this generating any right to compensation or indemnification in favor of the User.

Account Security

It is the User's responsibility to ensure that their registration email and Account password, as well as other information for accessing the Platform, are kept in a secure place and not disclosed to third parties. Additionally, the User agrees to keep their Account information secure so that the Service remains inaccessible to third parties or unauthorized persons. If the User shares or misuses this access information to the Service, the User releases VERIFIK from any responsibility that may arise from this situation. Likewise, VERIFIK will not be responsible for the loss of information due to force majeure, unforeseen circumstances, or actions of a third party.

Services

VERIFIK is a company focused on providing services to businesses (B2B) or individuals (B2C) through its Platform. The Platform consists of cloud software that allows Users to verify personal data and other public information by querying information from public and private sources. VERIFIK offers its Services through different subscription plans ("Plans") obtained through the Platform as indicated in the "Plans" section of these Terms and Conditions. VERIFIK provides the following Services for Users to acquire through the Plans:

• Queries: Consists of querying and verifying the User's identification document or vehicle plate in public, national, and international databases. This service is purely informative.

• Reports: Consists of querying and verifying the User's identification document or vehicle plate in public, national, and international databases. With this Service, the User can download a PDF report specifying the query date and the origin of the sources of the query.

Each of the Services described in this section will be measured in volume of queries or report generation (hereinafter, "Transactions"). Therefore, one (1) Transaction means the use of one (1) operation corresponding to the Services. Each operation of the Service will be counted as an independent transaction. VERIFIK reserves the right to modify, change, add, or remove the Services offered at any time. Changes to the Services will be communicated by the means and at the times that VERIFIK deems appropriate.

Plans

VERIFIK provides Users with different service plans (hereinafter, "Plan"), which will allow the consumption of credits (hereinafter "Credits") within a monthly or annual Plan. The Credits will have variable costs depending on the product they constitute. The cost derived from the use of the Platform will depend on the type of Plan chosen by the User. The Services expressly mentioned in each Plan will be understood to be included in the value of the Plan. In the event that the User consumes all the Credits of their Plan, the price of additional Transactions will be subject to the conditions of the acquired Plan. The Plans will be valid for the time established in the specifications of each Plan. The User acknowledges that unused Credits will expire upon the expiration of their Plan. The Plans will automatically renew on the anniversary month. VERIFIK reserves the right to modify, change, add, or remove the value of the Plans offered at any time. Changes to the Plans will be communicated by the means and at the times that VERIFIK deems appropriate. VERIFIK commits to ensuring that such changes do not affect the current validity or period. The User must select the type of Plan they wish to acquire and that best suits the Services they seek to obtain. In any case, VERIFIK will not be responsible for errors made by the User when choosing their Plan.

Payment for Plans

The User will pay for the chosen Plan through the Google Pay or Apple Pay platform, as appropriate. At the time of payment, the User accepts the terms and conditions of these platforms, as well as their privacy policies.

The User acknowledges and agrees that their Plan subscription will be automatically renewed under the same acquired period. Therefore, the User agrees that Google Pay and Apple Pay will automatically debit the registered payment methods for the Plan payment.

The User acknowledges, agrees, and authorizes VERIFIK to charge all amounts owed by the User (including any subsequent taxes or fees, as applicable) corresponding to or associated with their Account.

Each User is responsible for maintaining available funds for the Plan charge so that payments can be processed through the Platform. Payments made are non-refundable except as provided by Applicable Law or the terms and conditions of Google Pay or Apple Pay.

The User affirms under penalty of perjury that their income is not related to illicit activities, including activities and operations related to money laundering, terrorist financing, corruption, transnational bribery, or any other illicit conduct established in Applicable Law. In any case, VERIFIK may, at any time, require the User to provide documentation so that VERIFIK can comply with the relevant policies and measures related to: (i) AML/CTF, (ii) Know Your Customer ("KYC"), (iii) Due Diligence, and (iv) Personal Data Protection.

Cancellation Policy

In the event of termination of the Services by the User, they will be subject to the cancellation, refund, and return policies of Google Play and Apple Pay. If there are any withholdings or costs related to the refund transaction, these must be borne by the User.

Access to the Platform

To use the Platform, the User must have a data network connection. Each User is responsible for acquiring and updating compatible hardware and software or devices necessary to access and use the Platform and any updates to it.

VERIFIK is not responsible for damages that may occur due to improper use of the Platform and will not be responsible for any losses, damages, or harm of any kind arising from mere access or use of the Platform.

Scope and Level of Service

Under normal conditions, the Platform has a downtime of approximately 10%, meaning the Platform is available 90% of the time. VERIFIK will take actions it deems appropriate to ensure the Platform is available to the User but cannot guarantee its availability due to events (communication failures, acts of third parties, maintenance, Platform restructuring, among others) beyond VERIFIK's control and responsibility.

However, VERIFIK guarantees that the Platform will be accessible from any tablet, cell phone, computer, or any other device with an Android or iOS operating system that allows an internet connection, provided the User remembers their Account credentials and the internet connection service conditions from each internet provider allow it. If access is not possible due to the type of connection and its characteristics, communication failures, or poor service from the mentioned provider, this does not imply at any time a breach of the contracted Service by VERIFIK.

Restrictions and Limitations

The right to use the Platform granted is non-transferable, revocable, non-exclusive, and limited for use by the User under the Terms and Conditions and not for exploitation or commercialization by the User. It is prohibited for the User to perform or allow a third party to:

• License, sell, rent, lease, assign, distribute, transmit, host, subcontract, disclose, or commercially exploit the Platform or make the Platform available to third parties.

• Modify, create derivative works, disassemble, decrypt, reverse compile, or reverse engineer any part of the Platform.

• Remove, alter, or obscure any proprietary notice (including any copyright or trademark notice) from its affiliates, partners, suppliers, or licensors of the Platform.

• Use the Platform and its Services for any illicit activity according to Applicable Law or international standards.

• Use the Platform and its Services to impersonate another person.

• Use the Platform and its Services with the aim of causing material or immaterial harm to a third party.

VERIFIK reserves the right to immediately terminate the Services and use of the Platform if any of the rules and obligations set forth in this section are breached. The User understands that violating the provisions of this section constitutes a crime under Article 272 of the Colombian Penal Code or Applicable Law, without prejudice to the criminal offenses established in Law 1273 of 2009 of Colombia.

If VERIFIK reasonably suspects that the User's Account has been used for an unauthorized, illicit, or criminal purpose, the User expressly authorizes sharing information about the User, their Account, and any of their Transactions with the competent authorities.

User Responsibilities, Duties, and Obligations

The User is solely responsible for maintaining the confidentiality of their Account, as well as the login information for the Platform and restricting access to the Services from their compatible devices. Therefore, the User is fully responsible for the activities that occur under their Account. The User agrees to immediately notify VERIFIK of any event that suggests the misuse of the information registered on the Platform, such as theft, loss, or unauthorized access to Accounts and/or passwords, in order to proceed with their immediate cancellation. VERIFIK will not be responsible in any case for any loss or damage resulting from non-compliance with the requirements established in this section.

It is the User's responsibility to use the Platform as designed; therefore, using any software that automates the interaction or download of the content or Services provided through the Platform is prohibited. The User agrees to use the information, content, or services offered through the Platform legally, without contravening these Terms and Conditions or Applicable Law, and to refrain from any act that could affect the rights of third parties or harm the Platform's operation. In this regard, it is understood that the User, by using the Platform's Services, will make legal use of all the tools made available, thereby exonerating VERIFIK from any misuse of their information by any User.

The User declares that they will comply with the following general duties:

• Will not use the Platform's Services on behalf of a third party without proper authorization.

• Will not copy or distribute the Platform or any content thereof without prior written permission from VERIFIK.

• Will comply with all Applicable Law of their country of residence and the country, state, or city in which they are located when using the Platform.

• Will comply with all responsibilities, duties, and obligations of these Terms and Conditions.

Intellectual Property

The Platform and all its content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are the property of VERIFIK, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The User acknowledges that neither these Terms and Conditions nor access to the Platform grants rights or title to intellectual property rights, and therefore the User agrees that they are not authorized, under any circumstances, to reproduce, transfer, sell, rent, or lend VERIFIK's intellectual property and commits not to partially or fully transfer its use in any way, nor disclose, publish, or make it available to others without prior express written permission from VERIFIK.

Authorization of Personal Data

By virtue of providing the Services, the User authorizes VERIFIK, as the Information Controller, to process their personal data in accordance with VERIFIK's Privacy Policy (hereinafter referred to as "Privacy Policy"). VERIFIK reserves the right to modify the Privacy Policy according to its needs or in accordance with Applicable Law. The User's access to or use of the Platform after such changes will imply acceptance of these changes to the Privacy Policy.

The User acknowledges and declares that, in case the Services are used to consult information about a third party, the User will act as the Controller of the personal data and VERIFIK will act as the Processor of the information, in accordance with these Terms and Conditions and the Privacy Policy. In this case, the User will collect, store, use, circulate, and delete the personal data in compliance with Applicable Law. Likewise, the User commits to requesting the respective authorization from each data subject and to ensuring that the processing of the information by VERIFIK is included within the purposes communicated to the data subject as outlined in the Privacy Policy.

When the User acts as the Controller of a third party's personal data, they are obliged to:

• Inform VERIFIK in case of updates, rectifications, revocation of authorization, and/or requests for deletion of data presented by the data subject.

• Keep the personal data of the data subject updated, promptly communicating all changes to VERIFIK.

• Retain proof of the authorization granted by the data subjects.

• Comply with other obligations established by Applicable Law.

VERIFIK reserves the right to immediately terminate the Service and the use of the Platform if the User fails to comply with any obligations set forth in this section.

Cookies and Other Technological Tools

VERIFIK uses cookies to enhance the performance and functionality of the Platform, but they are not essential for its use. However, certain functions may not be available without these cookies. The User can configure the Platform to disable the use of cookies, but disabling cookies may limit their experience and access to the full functionality of the Platform. The use of cookies does not contain or affect personal data and does not pose a virus threat.

Third-Party Links

The Platform may contain links to other websites that VERIFIK does not operate or control. In this regard, the User acknowledges that it is their responsibility to carefully read the terms and conditions of such websites, as well as their privacy policies and other documents governing their contractual relationship. VERIFIK has no influence over the conditions of such third parties and is not responsible for the conditions of those platforms.

VERIFIK is not responsible for the content, accuracy, or opinions expressed on such websites; therefore, these websites are not investigated, monitored, or verified by VERIFIK. When the User uses a link to navigate from the Platform to another website, these Terms and Conditions no longer apply. Browsing and interacting on any other website, including those with links on the Platform, are subject to the own rules and policies of that website. Such third parties may use their own cookies or other methods to collect information about the User.

Third-Party Services

VERIFIK may display, include, or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services ("Third-Party Services").

The User acknowledges and agrees that VERIFIK is not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, compliance with copyright, legality, decency, quality, or any other aspect of them. VERIFIK does not assume and will not have any obligation or liability to the User or any other person or entity for the Third-Party Services.

The Third-Party Services and links to them are provided solely for the User's convenience, and the User accesses and uses them entirely at their own risk, subject to the terms and conditions of those third parties.

Limitation of Liability

The User acknowledges that VERIFIK's Services are purely informational, based on information provided by public databases. In this regard, the User acknowledges that it is their sole responsibility to verify the information available on the Platform and releases VERIFIK from any liability for decisions made by the User based on the information provided under the Services.

In no event will VERIFIK or its providers be liable for direct or indirect damages, or for tangible or intangible losses arising in connection with these Terms and Conditions (including, but not limited to, damages for lost profits, loss of data, business interruption, personal injury, loss of privacy arising from the use or inability to use the platform, third-party software, and/or third-party hardware used with the Platform, or otherwise in connection with any provision of this Agreement), even if VERIFIK or any provider has been advised of the possibility of such damages, and even if the remedy fails of its essential purpose.

VERIFIK will be liable solely and exclusively to third parties and the User in cases where gross negligence or willful misconduct by VERIFIK is demonstrated as the cause of the damage or event for which it must be held liable. VERIFIK's total liability and that of any of its providers under any provision of this Agreement will be limited to the amount actually paid by the User on the Platform.

Indemnity

The User releases VERIFIK from all liability and agrees to indemnify VERIFIK and its respective shareholders, employees, directors, agents, affiliates, and representatives from any claim, cost, loss, damage, judgment, tax assessment, fine, interest, harm, damage, liability, and/or contingency (including reasonable attorneys' fees) arising from any claim, action, audit, investigation, inquiry, or other proceeding initiated by any person or entity related to: a) any actual or alleged breach of their representations, warranties, or obligations recognized in these Terms and Conditions; b) improper or inappropriate use of the Services; c) violation of any third party's rights, including any privacy or habeas data rights; d) violation of any law, rule, or regulation in any country; e) access to and/or use of the Services by third parties unauthorized by the User; f) any complaint, claim, or harm caused by any third party in connection with the User's use of the Services; and g) non-compliance with any data protection provision under Applicable Law.

The User expressly waives the right to present any claim, demand, or legal and/or administrative action against VERIFIK, its administrators, representatives, employees, and shareholders, as they understand and accept that VERIFIK's role is limited to providing information found in various publicly accessible databases. Consequently, VERIFIK will not be responsible for any damage or harm that the User or any third party may suffer due to or in connection with the use of the Services through the Platform.

Platform Modifications

VERIFIK reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Platform or any Service connected to it, with or without prior notice and without liability to the User or any other third party.

Platform Updates

VERIFIK may periodically make improvements to the features and/or functionalities of the Platform, which may include patches, bug fixes, updates, upgrades, and other modifications (hereinafter referred to as "Updates").

Updates may modify or remove certain features and/or functionalities of the Platform. The User agrees that VERIFIK has no obligation to (i) provide Updates or (ii) continue providing or enabling particular features and/or functionalities of the Platform. Furthermore, the User agrees that all Updates (i) will be considered an integral part of the Platform and (ii) will be subject to these Terms and Conditions.

Updates to the Terms and Conditions

VERIFIK reserves the right to modify and revise these Terms and Conditions at any time without prior notice. When a modification is implemented, VERIFIK will publish the updated Terms and Conditions ("Updated Version") on the Platform for Users to read the corresponding changes. The Updated Version will take effect upon publication and will not apply retroactively. Users have the option to expressly accept the Updated Version. Notwithstanding the foregoing, the continuous use of the Platform and its Services by the User after the publication of an Updated Version will constitute tacit acceptance of such Updated Version by the User. If the User does not agree with the Updated Version, they may not continue using the Platform.

Entire Agreement

These Terms and Conditions, which include and incorporate VERIFIK's Privacy Policy, constitute the complete agreement between the User and VERIFIK regarding the use of the Platform and replace all previous agreements, written or oral, between the User and VERIFIK regarding the terms of use and service of the Platform, and cannot be changed or modified by the User.

The User may be subject to additional terms and conditions that apply when using or purchasing other services from VERIFIK, which will be provided at the time of such use or purchase.

Arbitration Clause

Any differences arising in relation to the subject matter of the Terms and Conditions and the Services provided by VERIFIK, their execution, interpretation, validity, obligations of the parties, value, settlement, or termination, as well as any claim, controversy, or dispute between the User and VERIFIK, their processors, suppliers, or licensors (or their respective affiliates, agents, directors, or employees), whether arising before or after the term of these Terms and Conditions, will be submitted to this section.

For all matters related to the interpretation, compliance, and execution of this Agreement, the Parties expressly submit to the laws, jurisdiction, and competence of the Local or Federal Courts of the State of Wyoming, United States, which will be competent to hear any lawsuit or claim arising from this instrument, waiving any other jurisdiction that may correspond to them due to their current or future domiciles.

The Parties establish the arbitral process as the means of resolving disputes, which will be regulated and conducted under the rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC”), with the understanding that the laws of Wyoming will govern the processes in which the ICC rules are unclear.

Before initiating arbitration, the User and VERIFIK agree to attempt to avoid the costs of formal dispute resolution by granting each other a full and fair opportunity to address and resolve the dispute informally and directly. Both parties acknowledge that this is a fundamental and indispensable requirement to proceed with arbitration, and any breach of this requirement will constitute a material breach of the Terms and Conditions.

Additional Provisions

If for any reason a court of competent jurisdiction determines that any provision or part of these Terms and Conditions is unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of VERIFIK.

The Service is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to Applicable Law. Therefore, individuals who choose to access the Platform from other locations do so on their own initiative and are solely responsible for complying with local laws, to the extent that local laws are applicable.

The section titles used in this Agreement are for convenience only and will have no legal significance.

Support

In case of questions or concerns about these Terms and Conditions, please contact VERIFIK via email at [e-mail].