Terms of service
May 7, 2015
You must carefully review the User Agreement and documents referenced herein when choosing whether to use the Uniqul Services.
We may close, suspend, or limit your access to your Uniqul Account and the Uniqul Services (or longer if pursuant to a court order or other legal process) if you violate the User Agreement or any other agreement you enter into with Uniqul, or as may be otherwise specified in this Agreement.
If after reading this Agreement in its entirety you are still unsure of anything or you have any questions, please feel free to contact us at support@Uniqul.com.
We may amend this Agreement at any time by posting a revised version on our website.
Uniqul is Only a Payment Service Provider
Uniqul helps you make payments to, and accept payments from, third parties through face recognition. Uniqul is an independent contractor for all purposes, and is not your agent or trustee. Your account is not a bank account.
Uniqul is not an Issuing Bank, Seller or Processor
Uniqul is not a bank or other chartered depository institution. Your conducting Transactions and/or redemptions of Third Party Offers using the Uniqul Services are between you and a third party, and not with Uniqul or any affiliates. Uniqul is not a party to your Transactions.
When you use the Services, you agree that we may provide you with any Communications in electronic format
You must be an individual of at least 18 years of age and reside within the European Union to enter into this Agreement. Use of certain Services may have further eligibility requirements that will need to be verified prior to you using such Services.
We may also not provide all or some of our Services to certain persons or regions if, for example, in doing so, we would not be able to comply with the laws relating to our Services in such circumstances.
You may open only one Uniqul account. If you attempt to open more than one account, such additional account(s) may be suspended or terminated. Payments which are carried out through the Service should be in accordance with applicable laws and regulations.
Registration and personal data
When registering for your account, you must provide current, complete, and accurate information. If any of this information changes, it is your obligation to update such information as soon as possible. From time to time, we may also require you to provide further information as a condition for continued use of the Services so that we can confirm your identity. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes. Data that has been maintained after account closure can only be accessed for business and regulatory compliance purposes and will be wiped completely as soon as these requirements cease to exist.
All of the registration data will be saved in the personal data registry of Uniqul Oy. Data and documentation pertaining to this registry can be accessed on our website. Registry data will be shared with third parties when required by law or when processing your purchases.
Upon a QPoint registration your facial characteristics will be stored in Uniqul’s database. This data represents a mathematical model of your facial characteristics and is encrypted. This biometrical data will be stored within the EU but can be accessed worldwide. If you wish to use the Uniqul service only within the European Union please contact us separately at support@Uniqul.com. Biometric data cannot be accessed by third parties other than our hosting partners. Biometric data will be used solely to access Uniqul’s Services and will not be shared with any other entities.
Security of User Information
You are responsible for maintaining the confidentiality and security of any and all account names, user IDs, passwords, personal identification numbers (PINs), and mobile unlock codes that you can use to access the Services. You agree to notify Uniqul immediately if you become aware of any unauthorized use of the Services or any other breach of security regarding the Services at firstname.lastname@example.org. Uniqul will not be liable for any loss or damage arising from your failure to protect your account information.
In the event that any balance held in your account is stolen as a result of a direct breach of Uniqul’s digital or physical storage facilities you will be reimbursed fully. If your balance is lost or stolen as a result of your own failure to maintain proper security protocols in accordance with Section 6, such loss is not covered by Uniqul and not reimbursed. Your account is not covered by any government-backed deposit insurance scheme.
Unregistered users are not permitted to use the service and any attempts to do so will be prosecuted to the full extent of the law. Note that even unsuccessful attempts, for example attempting to log into an account by guessing PINs, are prosecuted. All of the necessary data linked to unauthorized access will be shared with local law enforcement.
Unregistered user’s attempts to access the system will result in anonymized enrollment in a watch list database. Multiple attempts will result in blacklisting and logging of all data in regards to this incident.
Account Suspension & Closure
We may close, suspend, or limit your access to your Uniqul Account and the Uniqul Services (or longer if pursuant to a court order or other legal process) if you violate the User Agreement or any other agreement you enter into with Uniqul, or as may be otherwise specified in this Agreement. Temporary suspension is also possible in case of security concerns.
Please note that any attempts made to access your account might lead to escalating the security threshold of your account. This might also be a result of you inputting your PIN code incorrectly. Incorrect PIN input will not automatically lead to account suspension but the security of the account will be tracked and enforced more closely
If you have a remaining account balance which has been suspended or closed, you will be able to access and withdraw the funds to a bank account (unless prohibited by law or a court order). If you are unable to login to your account because it has been suspended, you must contact us at email@example.com to process such withdrawal. We reserve the right to require you to provide further identifying information before processing such withdrawal or transfer.
You may terminate this Agreement at any time by closing your account and discontinuing use of the Services.
We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any purchase without prior notice. Suspension of your use of any of the Services will not affect your rights and obligations pursuant to this Agreement. We may, at our sole discretion, delay purchases or withdrawals if we believe the transaction is suspicious, may involve fraud, violates applicable laws or violates the terms of this Agreement.
If you become aware of any unauthorized charge occurring through your Uniqul Account, you should contact Uniqul customer support as soon as possible via phone or via e-mail.
11. Refunds; Reversals
A purchase cannot be reversed. Deposits and purchases using a bank account, debit card, or credit card may be reversed or may be subject to a chargeback or related claim. Except as set forth in this Agreement, all payment transactions processed through the Services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds, your bank, or applicable law. You should periodically review statements from your bank, which should reflect all applicable payment transactions made using that payment method. You can also always access the record of your Uniqul transactions by logging into your account.
12. Indemnification; Release
You agree to indemnify and hold Uniqul, its affiliates, and service providers, and each of their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation or your use of the Services.
“Losses” means all net costs reasonably incurred by us or the other persons which are the result of the matters set out in this section and which may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).
If you have a dispute with one or more users or third parties, you release Uniqul (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees, and representatives) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
13. Automatic Renewal
Automatic Renewal of the subscription will be billed monthly on or, in case of a bank holiday, directly following the date of original purchase, whichever is sooner.
It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
We reserve the right to freely assign or transfer this Agreement and the rights and obligations of this Agreement, to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our Services and terminate this Agreement by contacting Support at firstname.lastname@example.org and asking us to close your account.
16. Unclaimed Property
If Uniqul is holding funds in your account, and Uniqul is unable to contact you and has no record of your use of the Services for several years, Uniqul will report these funds as unclaimed property to the applicable jurisdiction. Uniqul may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Uniqul reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
17. Limitation of Liability; No Warranty
You expressly understand and agree that Uniqul and our affiliates and service providers, and their respective officers, directors, agents, joint venturers, employees, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if Uniqul has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the services or with this agreement, your sole and exclusive remedy is to discontinue use of the services and close your account.
The services are provided “as is”, “as available” and without any representation or warranty, whether express, implied, or statutory. Uniqul, our affiliates, and our respective officers, directors, agents, joint venturers, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Uniqul makes no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
If you have a dispute with us, please contact us and we will aim to resolve the matter quickly.
The terms of this Agreement is governed by the laws of Finland. This means that this Agreement and any dispute or claim arising out of or in connection with it will be governed by the laws of Finland. You agree with us that the courts in the permitted region where you are resident will have non-exclusive jurisdiction.