Terms & Conditions

Effective Date: August 28, 2025
Last Updated: August 28, 2025

These Terms & Conditions (“Terms”) govern the use of the biometric verification services (“Services”) provided by Biomodality (“Biomodality,” “we,” “our,” or “us”), a subsidiary of Tefani, through our API. By accessing or using our Services, you (“Client”) agree to be bound by these Terms. If you do not agree, you may not use the Services.

1. Eligibility

By using our Services, the Client represents and warrants that:

They are legally authorized to enter into binding agreements.
They will only use the Services in compliance with applicable laws and regulations, including privacy and biometric data protection laws.

2. Services Provided

Biomodality provides biometric verification services via an API. Clients integrate our API into their systems or applications and submit end users’ biometric information (“End User Data”) for identity verification purposes.

Biomodality acts solely as a data processor, processing biometric data on behalf of Clients in accordance with their instructions.

3. Acceptable Use

Clients may use the Services only for lawful identity verification purposes. Clients must not:

Use the Services for any purpose not expressly authorized by applicable law.
Attempt to reverse engineer, modify, or disrupt the Services.
Submit biometric data for any purpose other than identity verification as outlined in these Terms.

Biomodality reserves the right to suspend or terminate access to the Services for any Client found to be in violation of these provisions.

4. Client Responsibilities

Clients acknowledge and agree that they are the data controllers of End User Data and are solely responsible for:

Obtaining valid, informed consent from end users prior to submitting biometric data.
Complying with all applicable privacy, biometric, and data protection regulations.
Ensuring that their integration and use of the API do not violate third-party rights.

Biomodality shall not be responsible or liable for any failure by the Client to comply with applicable laws.

5. Data Processing & Retention

End User Data is processed solely for identity verification and is retained for up to three (3) days to allow troubleshooting of failed requests or system errors.
After three days, End User Data is permanently deleted.
Clients are responsible for communicating data retention practices to their end users.

More details are available in our Privacy Policy.

6. Fees & Payment

Unless otherwise agreed in writing, Clients agree to pay applicable fees for use of the Services in accordance with Biomodality’s pricing schedule. Biomodality reserves the right to modify pricing with prior notice.

7. Warranties and Limitations

Biomodality will use commercially reasonable efforts to maintain the performance of the Services. However, you acknowledge and agree to the following:

Inherent Limitations of AI and Biometric Systems

AI systems are inherently probabilistic and may produce errors. Likewise, biometric verification relies on statistical models that are not 100% accurate. Potential errors include, but are not limited to:

- False Positives: The system may incorrectly identify or verify someone who is not the genuine person, accept a forged/spoofed biometric input as authentic, or detect a biometric signal (e.g., a face or voice) where none actually exists.

- False Negatives: The system may fail to identify or verify the genuine person, reject an authentic biometric input as forged/spoofed, or fail to detect a biometric signal that is present.

Additional Limitations

Errors may also arise from factors such as insufficient biometric capture quality, temporary or long-term changes in biometric characteristics (e.g., illness, aging, injury, or cosmetic procedures), demographic variations in model performance, spoofing or adversarial attacks, or technical failures beyond Biomodality’s control (e.g., connectivity, hardware, or third-party services). These examples are illustrative and not exhaustive.

Consequences of Errors

These errors may lead to incorrect outcomes in verification or identification processes.

Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. This includes, without limitation, warranties regarding accuracy, reliability, availability, merchantability, or fitness for a particular purpose.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Biomodality, its parent company Tefani, and their affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to the Services, including but not limited to errors in verification or identification (false positives, false negatives, or otherwise) and any reliance on Service outputs.

The total aggregate liability of Biomodality to a Client for any claim, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client in the one (1) month preceding the claim.

Nothing in this clause shall limit liability for gross negligence or willful misconduct by Biomodality or any liability that cannot be excluded or limited under applicable law.

9. Indemnification

Clients agree to indemnify, defend, and hold harmless Biomodality, its parent company Tefani, and their affiliates, officers, and employees from any and all claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

The Client’s misuse of the Services, including any use that violates these Terms or applicable law.
The Client’s reliance on Service outputs or results.
The Client’s failure to obtain lawful consent from end users for collection, processing, or storage of biometric data.
The Client’s violation of applicable laws, regulations, or third-party rights.

10. Intellectual Property

All intellectual property rights in the Services, including the API, documentation, software, and technology, remain the exclusive property of Biomodality or its licensors. These Terms grant no ownership rights to the Client.

11. Suspension & Termination

Biomodality may suspend or terminate a Client’s access to the Services if:

The Client violates these Terms or applicable law.
Continued use of the Services poses a security, legal, or operational risk.

Clients may terminate their use of the Services at any time, subject to any outstanding payment obligations.

12. Governing Law & Jurisdiction

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

The parties agree that any dispute, claim, or controversy arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and each party irrevocably submits to the personal jurisdiction of such courts.

The parties agree that, prior to initiating any court proceedings, they will attempt in good faith to resolve any dispute through negotiation or mediation. Any unresolved dispute may then be submitted to the exclusive jurisdiction of the courts as specified above.

13. Changes to These Terms

We may update these Terms from time to time. Updates will be posted on our website with the “Last Updated” date. Continued use of the Services after updates indicates acceptance of the revised Terms.

14. Contact Us

If you have questions about our Terms and Conditions, please contact us at:

Biomodality, a Tefani company
support@biomodality.com