End User Terms Of Service
Welcome to the Token of Trust® platform. The Token of Trust® End User Terms of Service (the “Service Terms,” “Terms,” “User Terms”) are a legally binding agreement between TOT, Inc. (“Token of Trust,” “we,” “our,” or “us”) and you (“you,” “your” or “yours”), and describe the terms that apply to your use of Token of Trust’s services, whether through a widget hosted on a third party site, use of a product that integrates with our services, or our website at https://tokenoftrust.com (collectively, our “System” or “Service”), which is owned and operated by us.
We may revise and update the End User Terms of Service from time to time at our sole discretion, and will post any updates to the End User Terms of Service on the Site. Your continued use of our Site or System, or any other service provided by us means that you accept and agree to the modified End User Terms of Service. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the System or any portion of the System. We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of Token of Trust, you can deactivate or erase your account at any time.
Customer’s Choices and Instructions
An organization or other third party that we refer to in these User Terms as “Customer” has invited you to sign up for a Token of Trust® account. This Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Customer to extend the service for you and others to use. Each individual granted access to use the System, including you, is an “Authorized User”.
When you use a Customer site or application (collectively, “Applications” or “App”), the Customer may ask for your permission to access your content on Token of Trust (“User Content”). In accordance with our Customer Contract, our agreement with that Customer application will control how Applications can use User Content. When an Authorized User grants permission for Applications to access User Content, you acknowledge and agree that any User Content stored by Customer is owned by Customer. Customer is therefore responsible for proper handling and management of Authorized User Data. You agree not to hold Token of Trust liable for Customer handling or mishandling of User Content.
The Relationship Between You, Customer and Us
AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. TOKEN OF TRUST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS.
Account Activation and System Use
To use the System, you must sign up for an account through a Token of Trust® widget provided on a Customer website (“Widget”), through our Site, or through any portal we make available for sign-in.
The System is not intended to be used by anyone not able to form legally binding contracts (for example, if you are under 18 years old). By creating an Account, you are representing that (1) the information you submitted is accurate and truthful, (2) you are able to form legally binding contracts, (3) you are at least 18 years old, and (4) you meet all our eligibility requirements set forth in these Terms.
You are responsible for maintaining the credentials associated with your Account and are fully responsible for all activities that occur under your Account, including all activities accessed from online accounts you link to your Token of Trust® account. You must immediately notify us of any unauthorized use of your Account or any unauthorized use of third party platform accounts associated with your Account.
Closing Your Account
Deactivation. You may deactivate your Token of Trust® account at any time. When your Token of Trust® account is deactivated, your User Content is restricted from Customers. We may also deactivate our Service to you at any time, with or without cause.
Deletion. You may additionally request that we permanently erase your account and all personal data associated with it, including your communications from our Service. If you have chosen to erase your account, your account will be immediately “deactivated”. We will permanently delete the account and all the personal data associated with it within 30 days assuming there is no legal requirement or basis for retention beyond that time.
Use of the System. You are granted a non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the Site, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.
All content included as part of the System, such as text, graphics, trademarks, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
Feedback and Improvements. If you provide use any feedback, suggestions or ideas and comments on how we can improve the Site, System or its components (“Feedback”), you grant to us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use the Feedback for any purpose and without any obligation to compensate you.
Token of Trust® Reputation Report
As described above, once you have successfully registered a Token of Trust account, you will be deemed “connected” or have a “pending verification” from us. A registered Token of Trust account begins with the creation of a Reputation Report. Your Reputation Report is a collection results derived after analyzing data extracted from one or more Identity Sources you’ve permitted access to. Customers you’ve permitted to access your Reputation Report may use the Reputation Report to help inform Customer decisions. After your user content has been reviewed by our system and once our verification criteria are met, your status may change to include a variety of verification credentials (such as “online activity verified” or “real world verified.”) For each additional Identity Source you link to your Account through successfully signing in, you represent and warrant that you are the owner of the additional Identity Source. Once your Account has been created, your Reputation Report will be also be created. In order to create your Reputation Report, the System will evaluate, through our algorithms, what information is available through each account and will run that information against itself to create either a “Builder of Confidence” or a “Reason to be Careful.” In the event you want to limit others ability to review your Reputation Report, you may sign on to your Account through the Site.
We may provide you with the ability to contest or disclaim information contained in the Reputation Report by following the instructions provided by the System. You agree, however, that we do not have any obligation to update information in the Reputation Report following your inquiry and there is certain information contained in the Reputation Report that cannot be modified by us. In some cases, the only way to update your Reputation Report is through your conduct on the other online platforms linked to your Account at the time.
We do not independently investigate any information contained in the Reputation Reports and all information is generated by an algorithm and not reviewed prior to the creation of the Reputation Report. TOKEN OF TRUST DISCLAIMS ANY LIABILITY FOR RELIANCE ON INFORMATION CONTAINED IN REPUTATION REPORTS OR ANY SPECIFIC INFORMATION CONTAINED IN BUILDERS OF CONFIDENCE OR REASONS TO BE CAREFUL.
Payment for Additional Identity Verification
We may offer the ability for you to continue to build your Reputation Report by adding additional identity sources to your account, such as a driver’s license or passport, for a fee. We may utilize a third party to process all payment information, but by providing your payment information to us, you represent that you are the owner of the account with authority to make the required payment. If the payment is rejected, we may not offer you the ability to provide additional information and in the event we provide any additional services for a fee and you fail to continue to make payments, we may downgrade your account to the free level.
Foreign Transaction Fees. We may use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before purchasing any Services, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
Authorized User Content on the System and Use of Reputation Reports
To the extent the System allows you to comment or otherwise post regarding content on the Site (“User Content”), you may not post User Content that:
- Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
- Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate; or inflammatory;
- You know (or reasonably should know) is false, deceptive or misleading;
- Contains information that could be used for identity theft purposes, such social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes or passwords;
- Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
- Violates any applicable local, state, national, or international law.
By posting User Content on the System, you are granting us a non–exclusive, worldwide, full paid–up and royalty–free, fully assignable, transferable and sub licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on User Content, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. By posting User Content on the System, you represent and warrant that the posting of your User Content does not violate these Terms of Service or applicable laws.
Token of Trust does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Content will not appear on our System. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit or remove any User Content, in whole or in part, at our sole discretion.
UNDER NO CIRCUMSTANCES SHALL TOKEN OF TRUST OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SYSTEM. We do not control, have no obligation to monitor, and are not responsible for what Authorized Users post and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal User Content on the System.
Reporting Suspicious Activity
Links to Other Websites and Connecting through Social Media
The System may by hosted on a third party website as a Widget or contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the System or use of the System as a Widget on a third party website does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
You may also be able to connect your Account to third party applications, such as Facebook and Twitter. By connecting through such third party account, you acknowledge and agree that you are consenting to the occasional release of information about you to others (in accordance with your privacy settings on those third party applications). If you do not want information to be shared, do not use those sites or that feature.
You agree to indemnify, defend and hold harmless Token of Trust, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your Authorized User preferences. There are certain system-generated notices that you cannot opt out of without deactivating your account.
You should be reminded that email and other forms of electronic communication may not necessarily be secure against interception. You agree to never send sensitive personal data (such as your Social Security number or images of ID Documents) to us via email or using forms of communication outside of our system.
Cooperation with Laws and Law Enforcement Requests
Token of Trust will cooperate with law enforcement authorities when required by applicable local laws. We may disclose to parties outside Token of Trust files stored on Token of Trust’s servers and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of Token of Trust or its Authorized Users; or (d) to protect Token of Trust’s property rights.
Warranty and Limitation of Liability
TOKEN OF TRUST AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOKEN OF TRUST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOKEN OF TRUST AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOKEN OF TRUST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.
Local Laws; Export Control
We control and operate the Service from our headquarters in the United States of America and the content and features may not be appropriate or available for use in other locations. If you use the Service outside the United States of America, you are responsible for following applicable local laws. By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Governing Law, Venue and Jurisdiction
To contact us, please complete our contact form.