Terms & Conditions
Effective Date: August 28, 2025
Last Updated: December 5, 2025
These Terms & Conditions (“Terms”) govern the biometric verification services (“Services”) provided by Biomodality (“Biomodality,” “we,” “our,” or “us”), a subsidiary of Tefani. By accessing or using our API, you (“Client”) agree to these Terms.
1. Eligibility
By using the Services, the Client represents that:
- They are legally authorized to enter binding agreements.
- They will comply with all applicable laws, including privacy and biometric data regulations.
2. Services
Biomodality provides biometric identity verification via API. Clients integrate the API and submit biometric information (“End User Data”) for verification purposes.
Biomodality acts solely as a data processor, processing End User Data according to the Client’s instructions.
3. Acceptable Use
Clients may use the Services only for lawful identity verification. Clients must not:
- Use the Services for unauthorized purposes.
- Reverse engineer, disrupt, or modify the Services.
- Submit biometric data for purposes other than identity verification.
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 are the data controllers of End User Data and are solely responsible for:
- Obtaining valid, informed consent from end users.
- Complying with all applicable laws and regulations.
- Ensuring lawful integration and usage of the API.
Biomodality shall not be responsible or liable for a Client’s legal noncompliance.
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.
- Data is permanently deleted after this period.
- Clients are responsible for communicating these practices to their end users.
See our Privacy Policy for details.
6. Fees
Clients agree to pay all applicable fees based on Biomodality’s pricing schedule. Pricing may be modified with prior notice.
7. Warranties & 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 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 rights in the Services, including the API, software, documentation, machine learning models, model weights, algorithms, training data, and related technology, are the exclusive property of Biomodality or its licensors. Clients receive no ownership rights and may use the Services only as expressly permitted in these Terms. Clients may not copy, modify, reverse engineer, or create derivative works of any part of the Services.
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. See our Refund Policy for details.
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