Terms and conditions

By approving these terms and conditions (these “Terms and Conditions”), a natural person who creates a personal account on the platform provided by KnownID (a “Personal User”) is given the right to use certain digital services and features related to KYC in accordance with the terms set out herein.

KnownID AB, Reg. No. 559432-3924 (“KnownID”), with registered office at Drottning Kristinas väg 53, 114 28 Stockholm, Sweden, provides a platform for sharing and managing KYC information and documentation (the “Platform”). KnownID and the Personal User are hereafter jointly referred to as the “Parties” and either of them a “Party”.

To be able to access the Platform, a Personal User must create a free personal account (a “Personal Account”)”.

The services and features available to a Personal User depend on the specific settings and selections within the Platform. A description of KnownID’s service offering to Personal Users is set out in Schedule 1 (the “Service Description”).

The Personal User warrants that it will:

1. comply with all applicable laws and regulations with respect to its use of the Platform and activities hereunder;

2. only use the Platform on its own behalf and not allow access to the Platform to any third party;

3. prevent any unauthorised access to, or use of, the Platform, and promptly notify KnownID in the event it becomes aware of any such unauthorised access or use;

4. not access, store, distribute, or transmit any virus through the Platform or attempt to interfere with or compromise the integrity or security of the Platform; and/or

5. not use the Platform to access, store, distribute, or transmit any material that is unlawful, harmful, threatening, defamatory, inflammatory, violent, obscene, infringing, harassing, or racially or ethnically offensive or otherwise use the Platform in a manner that is illegal or causes damage or injury to any person or property.

KnownID reserves the right, without liability or prejudice to any other rights hereunder, to immediately disable access to all or any part of the services on the Platform, for any breach of any provision of section 3.1.

The creation of a Personal Account is free of charge.

KnownID is the controller of the processing of personal data as a result of KnownID hosting personal data on behalf of the Personal User or otherwise as a result of the Personal User’s use of the Platform. KnownID’s processing of personal data is governed by the privacy notice as provided on KnownID’s website. KnownID is responsible to ensure that its processing of personal data is made in accordance with applicable law, including the EU General Data Protection Regulation.

5.2. Once a copy personal data has been shared with a Business User through the Platform (for example if a Personal User responds to a KYC query from a Business User), the Business User becomes an independent data controller of the information they have received and KnownID becomes a data processor to the Business User for such data. This, however, only applies to information that has been shared, KnownID continues to be the controller for the information on the Business User’s personal profile.

For the purpose of this clause 5 (Data protection), the terms "controller", "personal data", and "process" have the same meaning as set out in the EU General Data Protection Regulation

The Platform is normally available 24/7. However, KnownID does not guarantee nor is responsible for the Platform being free from errors, delays, and/or interruptions. KnownID reserves the right to temporarily interrupt the provision of the KnownID for service purposes, e.g., bug fixes, maintenance, and upgrades.

KnownID is responsible for implementing such reasonable technical and organisational measures to ensure, the security, confidentiality, availability, business continuity and integrity of the Platform, including of all User Data (as defined below).

KnownID must also comply with other security requirements that apply to KnownID in accordance with applicable laws. Personal data must only be transferred to third countries outside the EU/EEA provided there are effective mechanisms that make it possible, in practice, to ensure compliance with the level of protection required by EU law.

"User Data" means the content and data that the Personal User makes available to KnownID and that is hosted by KnownID or any content and data that is collected and hosted by KnownID on behalf of the Personal User in connection with the provision of the Platform.

Any information and/or intellectual property rights disclosed by KnownID within the Platform or otherwise are owned by KnownID or KnownID’s affiliates or partners. The access to or disclosure by KnownID does not give the Personal User any license or other rights whatsoever in respect of any part of such information or intellectual property right.

The Personal User may not, or enable anyone to, modify, reverse engineer, disassemble, or decompile the Platform or any software contained therein or duplicate, publish, create derivative works from, or otherwise distribute or exploit the Platform or any part thereof without our express written permission.

KnownID undertakes to observe confidentiality regarding the User Data and not to disclose such User Data to any third parties or use any such User Data for any other purpose than fulfilling its obligations under these Terms and Conditions.

The confidentiality undertaking set out in section 9.1 does not prohibit KnownID to disclose any information to the extent required by applicable law.

The Personal User’s right to compensation under the Agreement is limited to direct loss or costs and a total yearly amount corresponding to 25% of the price base amount according to the Social Insurance Code (2010:110) at any given time. KnownID is under no circumstances liable for any indirect loss. The limitation of liability set out herein will not apply in the case of KnownID's gross negligence or in relation to any rights that have accrued to a Personal User according to Swedish mandatory law.

Any claims for compensation against KnownID must be made within three (3) months after the loss is discovered or should have been discovered. Thereafter, the right to claim compensation will be lost.

For the avoidance of doubt, KnownID is not responsible for any damages that result from the incorrect use or handling of the Platform or a third person providing incorrect information into the Platform.

The Platform contains links to, or call the servers of, third party websites, data or services that are not under KnownID’s control, solely at the direction of and/or as a convenience to the Personal User ("Third Party Sites"). As such, KnownID is not responsible for, and makes no express or implied warranties with regard to, the information, content or other material, products, or services that are contained on or are accessible through, or the policies regarding use and privacy in respect of, Third Party Sites. Access to and use of Third Party Sites, including information, content, material, products, and services on such websites or available through such websites, is solely at the Personal User’s risk.

KnownID is exempt from liability for any delay or non-performance of any of its obligations caused by telecommunications- or Internet failure, government action, war-related events, pandemics, epidemics, fire, flood, explosion, civil commotion, strikes, lockouts, boycotts, or blockades or other unusual or unpredictable circumstance over which KnownID has no influence and whose consequences KnownID could not have prevented.

These Terms and Conditions are effective as of the approval by the Personal User and remains valid until the Personal User’s Personal Account is closed, at which date these Terms and Conditions will automatically expire.

The Personal User may close its Personal Account at any time by sending a notice to KnownID in accordance with clause 14 (Notices).

KnownID may end its agreement with the Personal User and close the Personal User’s account or any service associated with it by giving the Personal User two (2) months’ prior written notice. A Personal Account will furthermore be automatically closed if not used during a period of three (3) years.

All User Data connected to a Personal Account will be permanently deleted by KnownID thirty (30) days following the closure of such Personal Account.

Written notices and communications from KnownID to the Personal User will be sent by email or SMS to the email address or phone number (as applicable) provided within the Platform and will be deemed to have been received on the same day. Alternatively, as specified herein or within the Platform, written notices and/or communications may be provided within the Platform or in any other manner described herein.

Written notices and communications from the Personal User to KnownID must be addressed to KnownID as set out above in the preamble or sent by email to support@knownID.io. Alternatively, as specified within the Platform, written notices and/or communications may be provided within the Platform or in any other manner described therein.

The expiration or termination of these Terms and Conditions, for whatever reason, will not affect any rights or remedies of the Parties that have accrued up to the date of termination or expiration.

KnownID is entitled to transfer all or part of its rights and obligations under these Terms and Conditions to a third party. KnownID is also entitled to engage sub-suppliers to fulfil any of its obligations. The Personal User may not assign any rights and obligations under these Terms and Conditions to a third party.

Any omission by either Party to exercise its rights and remedies under these Terms and Conditions on any occasion will not constitute a waiver of such rights and remedies on other occasions. Any waiver must be made in writing in order to be valid.

If any term or provision in these Terms and Conditions would be held to be illegal or unenforceable, in whole or in part, such term or provision or part will to that extent be deemed not to form a part of these Terms and Conditions but the enforceability of the remainder of these Terms and Conditions will not be affected, provided that the Parties undertake to reasonably adjust the remaining terms of these Terms and Conditions to redress any imbalance caused by such unenforceability.

These Terms and Conditions shall be governed by Swedish law unless mandatory law in favour of the Personal User applies.