Terms and Conditions – ID Cloud

Effective Date: 25 June 2024

Welcome to ID Cloud (referred to as “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website (www.idcloud.co.za), software-as-a-service platform, APIs, and all related services (collectively, the “Services”).

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

1. Definitions

  • “Client” refers to the individual or legal entity who accesses or uses the Services.

  • “End User” means any third party whose identity is verified or data processed via the Services.

  • “Biometric Data” means facial scans, liveness detection data, or any physiological data processed through our platform.

  • “POPIA” refers to the Protection of Personal Information Act (No. 4 of 2013).

2. Eligibility

You must be:

  • At least 18 years old

  • Duly authorised to represent a company or entity using the Services

  • Operating in compliance with applicable laws and regulations

3. Services Overview

ID Cloud offers biometric identity verification, anti-money laundering (AML) screening, KYC solutions, document scanning, risk scoring, and secure data storage services.

Services may be accessed:

  • Through our Web Portal

  • Via our RESTful APIs

  • Through approved SDKs or third-party integrations

4. Client Responsibilities

Clients shall:

  • Ensure End Users are informed and consent to identity verification or biometric data processing

  • Not use the Services for unlawful, discriminatory, or exploitative purposes

  • Maintain the confidentiality of API keys and access credentials

  • Comply with POPIA, GDPR (where applicable), and local data protection laws

5. Data Protection & POPIA Compliance

  • We process personal and biometric data in accordance with POPIA.

  • Biometric data is encrypted, stored securely, and never sold or used beyond the scope of verification.

  • Clients must ensure they have a lawful basis to process End User data.

For more information, see our Privacy Policy.

6. Intellectual Property

All content, trademarks, logos, software, and systems are the exclusive property of ID Cloud or its licensors. No rights are granted except as expressly stated.

7. API & Developer Use

Use of our API is subject to:

  • Acceptable usage limits and rate limiting

  • Security standards including HTTPS, token authentication, and API key rotation

  • No resale or unauthorised redistribution of our verification data or insights

We reserve the right to suspend API access in case of misuse, overage, or breach.

8. Payment & Billing

  • Service fees are outlined on our [Pricing Page] and invoiced monthly or as otherwise agreed.

  • Failure to pay may result in suspension or termination of access.

  • All prices are in ZAR and include VAT where applicable.

9. Termination

We may suspend or terminate access:

  • For breach of these Terms

  • Due to illegal activity or regulatory request

  • With 30 days’ notice for any reason (for non-enterprise clients)

Upon termination, all data will be archived or deleted in accordance with POPIA retention policies.

10. Disclaimers

  • The Services are provided “as is” and “as available” without warranties of any kind.

  • We do not guarantee 100% accuracy of facial recognition or identity scoring.

  • ID Cloud is not liable for losses caused by third-party integrations or customer misuse.

11. Limitation of Liability

To the maximum extent permitted by law:

  • Our liability shall not exceed the total amount paid by the client in the last 6 months.

  • We are not liable for indirect, incidental, or consequential damages, including loss of data, profits, or reputation.

12. Indemnification

Clients agree to indemnify and hold harmless ID Cloud from claims arising from:

  • Misuse of the Services

  • Breach of data protection laws

  • Misrepresentation or unauthorised access

13. Changes to Terms

We reserve the right to update these Terms at any time. Material changes will be notified via email or via the website. Continued use of the Services constitutes acceptance of the updated Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles. Jurisdiction lies with the courts of Johannesburg, Gauteng.

15. Contact Information

If you have questions about these Terms, please contact:

ID Cloud (Pty) Ltd

Address: Johannesburg, South Africa

E-mail: legal@idcloud.co.za

Website:  www.idcloud.co.za