Global Corporate Registry Services checks can be performed only for the countries listed below.

DISCLAIMER

This Disclaimer is addressed to any legal entity maintaining a commercial agreement (the “MSA”) with any legal entity forming part of Sumsub Group (the “Service Provider”) for the purpose of purchasing and/or redistributing Sumsub’s products and services (the “Customer”).

By acquiring or otherwise commencing to use any of the services listed below (the “List Service(s)”), namely:

• Automated Corporate Registry Check (Global) (Tier1 Countries)
• Automated Corporate Registry Check (Global) (Tier2 Countries)
• Automated Corporate Registry Check (Global) (Tier3 Countries)
• Automated Corporate Registry Check (Global) (Tier4 Countries)
• Ownership Insights (Global) (Tier1 Countries)
• Ownership Insights (Global) (Tier2 Countries)
• Ownership Insights (Global) (Tier3 Countries)
• Ownership Insights (Global) (Tier4 Countries)

– the Customer accepts and agrees that:

• The Customer must use the List Services solely for its internal business purposes and not for inclusion in any product and/or service that the Customer sells. The Customer’s right to use the List Services is non-exclusive, non-transferable (unless otherwise expressly indicated in the MSA), and revocable.
• Unless required by law, the Customer shall not request or make available the List Services or any data derived therefrom for the use of third parties (whether for commercial or any other purpose), including (without limitation) any of the Customer’s affiliates.
• The Customer may only use information derived from its usage of the List Services in connection with the transaction for which such information was originally requested.
• The Customer shall not copy, download, batch harvest, or in any other way reproduce any information derived from its usage of the List Services for the purpose of aggregating it, save that a copy of such information may be retained solely to keep an internal archive or comply with regulatory requirements. Except for the aforementioned copy, the Customer may be required to delete all such information upon instruction from the Service Provider or its third-party supplier ensuring the performance of the List Services.
• The Customer shall not use the List Services in connection with providing advice or recommendations to third parties. Additionally, no information derived from the Customer’s usage of the List Services may be published in news media, incorporated or used in any kind of database or marketing list to be provided to a third party, used to generate any statistical or other data to be provided to a third party, or produced in judicial or administrative proceedings, including discovery proceedings, without the Service Provider’s prior written consent, unless required by law and where the Customer has notified the Service Provider of such legal requirement.
• The Customer shall not use the List Services or any data derived therefrom as a factor in establishing an individual’s eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, or (ii) employment. In addition, the Customer shall not use the List Services to engage in any unfair, anti-competitive or deceptive practices and will use the List Services only in compliance with the applicable laws or regulations.
• The Customer shall not use any information derived from its usage of the List Services to “benchmark” against similar products offered by other suppliers for the purpose of generating any statistical or other derived output or commercial product based thereon.
• The Customer warrants and represents that it is not incorporated and will not use the Services in any of the following countries: Cuba, Iran, Libya, Myanmar (Burma), North Korea, Sudan, Russia, Syria.
• In respect of any personal data as may be contained in the information derived from the Customer’s usage of the List Services:
  • the Customer acts as a processor of such personal data;
  • the Customer shall ensure that appropriate technical measures (including encryption) and organizational measures are taken to avoid unauthorized or unlawful processing of, and against accidental loss or destruction of or damage to, such personal data (including adequate back-up and disaster recovery systems);
  • the Customer shall not transfer such personal data to any country outside of the EEA unless it has (where required) adopted an appropriate EU transfer mechanism in accordance with the GDPR;
    the Customer shall promptly carry out any request from the Service Provider requiring it to amend, transfer or delete all or any such personal data so long as it does not contradict the MSA or any laws or regulations applicable to the Customer;
  • the Customer shall take reasonable steps to ensure the reliability of any employees who have access to such personal data, including ensuring that all such employees have received training in applicable privacy laws. The Customer shall limit access to such personal data (including when in a test environment) to those of its employees who have a business need for access;
  • the Customer shall notify the Service Provider promptly if it receives any enquiry or complaint from a local data protection regulator or data subject about any such personal data. The Customer shall co-operate with the Service Provider to ensure the prompt investigation of, and response to, any such enquiry or complaint;
  • if the Customer becomes aware of the loss or compromise of, or any damage to, any such personal data, it shall: (i) promptly notify the Service Provider of the details of the incident; (ii) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Service Provider; and (iii) provide such reasonable cooperation and assistance as may be requested by the Service Provider in order to investigate the incident.

The Customer agrees to indemnify, defend and hold the Service Provider and its third-party supplier ensuring the performance of the List Services harmless from any claim or cause of action arising out of or relating to the use of the List Services by: (i) individuals or entities which have not been authorized by the MSA to have access to and/or use the List Services; and (ii) the Customer, except where such use by the Customer was in accordance with the MSA and this Disclaimer.

In case of a breach of any of the above provisions by the Customer, the Service Provider reserves the right to: (i) immediately suspend the provision of List Services and/or (ii) terminate the MSA.

Additionally, the Customer accepts and agrees that:

• There are no warranties with respect to the List Services, express or implied, including any warranties of accuracy, completeness, currentness, merchantability, or fitness for a particular purpose. To the extent permitted by law, the Service Provider and its counterparties shall not be liable for any loss or injury arising out of, in whole or in part, their or the Customer’s conduct in procuring, compiling, collecting, and interpreting the List Services.
• The List Services are provided to the Customer on an "as is" basis and may contain a degree of error. The Customer accepts that it (i) is responsible for determining whether the List Services are sufficient for the Customer’s use and (ii) must rely entirely upon its own skill and judgment when using the List Services;
• The List Services (or access to any data derived therefrom) may be, in part or in their entirety, limited, suspended or discontinued at any time by the Service Provider’s third-party supplier ensuring the performance of the List Services, with or without prior notice.

Any limitations of liability as may be set out in the MSA shall not apply to the Customer’s obligations under this Disclaimer. Terms not defined in this Disclaimer shall be interpreted in accordance with the MSA.