VENIFY TERMS AND CONDITIONS OF USE

Welcome to our website. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you are not permitted to use this site.

Last Updated: January 5, 2021

  1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of Venify (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by HCBeck, Ltd. dba Venify (“Venify”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://www.venify.app/policy. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
  2. You Are Responsible for The Accuracy of the Information you Provide. By using this website you hereby warrant that the information you provide to Venify shall at all times be accurate, complete and current. You further warrant that Venify and its clients shall be entitled at all times to rely conclusively on the currency, accuracy and completeness of the information you have provided. As this site collects only corporate information, you also warrant that no information shall be considered Personally Identifiable Information (“PII”) as it is defined by data privacy related statutes and regulations such as, but not limited, to the California Consumer Privacy Act of 2018, the California Privacy Rights Act, and the General Data Protection Regulation. It is your responsibility to ensure that no PII is uploaded by you to the Venify site by you or any parties which use your Venify login credentials.
  3. Privacy Policy. We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy describes how Venify collects and processes your information. By using the Site, you are consenting to the practices described in this Privacy Policy. This website only collects corporate information, not personal information. If you do business as an individual, you may not use this service.

    What Information is collected?
    • User-Submitted Information: We receive and store any information you provide in relation to use of the Site. You are solely responsible for updating any information you provide as that information becomes out of date, incorrect, and/or inaccurate. You can choose not to provide certain information, but then you might not be able to take advantage of the Site services. Some examples of User-Submitted Information we collect include:
      • Address
      • Tax ID
      • Utility Bills
      • W-9
      • Phone Number
      • Email address
      • Minority, Women, or other disadvantaged Business Status
      • Bank Account Number
      • Payment preference (ACH, Check, Virtual Card).
    • Information Collected Automatically: We automatically collect and store certain types of information about your use of the Site. Like many websites obtain certain types of information when your web browser or device accesses the Site. Some examples of Information Collected Automatically include:
      • IP address
      • Browser type

    Cookie Notice

    Cookies are small pieces of data that are stored in your browser or elsewhere on your hard drive. Cookies may be used by websites to remember user selections, like in a shopping cart, or to remember that a user is logged in, or to anonymously track user navigation across different websites.

    We only use cookies to allow you to log in to the Site and to remember that you are logged in. These cookies are required, so you cannot opt out of them.

    What is done with User Submitted Information and other information that is collected?
    • User Submitted information is stored on a Microsoft Azure cloud database and provided to Venify’s clients to facilitate payments to you. We may aggregate information for marketing purposes but the data will not include information that can positively identify you. We will also use information to perform internal performance evaluations of the system.

    How is the User Submitted Information protected?
    • We work to protect the security of User Submitted Information during transmission and at rest by using encryption protocols and software.
    • We maintain electronic, and procedural safeguards in connection with the collection, storage, and disclosure of User Submitted Information.
    • It is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. Be sure to sign off when finished using a shared computer.
    • While we do maintain safeguards to protect User Submitted Information, Venify does not guarantee, either expressly or implied, that your data is protected absolutely. In the event of a data breach, you will be notified of what User Submitted Information may have been accessed without authorization.

    Is User Submitted Information shared with Third Parties?
    • Venify may disclose User Submitted Information to a third party for a business purpose (including, but not limited to, third parties that provide address or account verification). When we disclose User Submitted Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that user submitted information confidential and not use it for any purpose except performing the contract.

    We share your User Submitted Information with the following categories of third parties:
    • Subsidiaries and affiliates
    • Contractors and service providers
    • Business Transfers
      • As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Venify or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
  4. Ownership. All content included on this site is and shall continue to be the property of Venify or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. For the avoidance of doubt, Venify does not claim any exclusive ownership interest in User Submitted Information.
  5. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
  6. Acceptable Site Use. Venify grants you a limited, revocable, nonexclusive license to use this site solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree to:
    • Not use the Site to violate any applicable law, rule, or regulation.
    • Not post offensive, incendiary, or defamatory material of any kind.
    • Not post anyone else’s personal information.
    • Not attempt to break the security of any computer network or user of the Site.
    • Not violating the intellectual property rights of any third party.
    • Not attempt to send spam or any other form of junk e-mail to anyone.
    • Not attempt to hack into another’s account.
    • Not disclose Venify proprietary information.
    • Agree to secure one’s access to the Site at all times.
    • Report any detection of suspicious or unauthorized activity.

    The use of this website is at the discretion of Venify and Venify may terminate your use of this website at any time. Violation of any of the terms of this Agreement may result in Venify terminating your use of the Site and seek recovery of damages following the Dispute Resolution section of this Agreement. Venify may also report any illegal activity to the appropriate authorities.

    You agree not to access, collect, store, retain, transfer, use, disclose, or otherwise process in any manner Venify Data or the Venify Site, including without limitation Personally Identifiable Information, except as required to perform under this Agreement. You shall keep Venify Data secure from unauthorized access and maintain the accuracy and integrity of Venify Data in your custody or control by using appropriate organizational, physical and technical safeguards. If You become aware of any unauthorized access to the Venify Site or Venify Data, you will immediately notify Venify, consult and cooperate with investigations and potentially required notices, and provide any information reasonably requested by Venify. You agree to implement and use security procedures, protocols or access credentials as reasonably requested by Venify and will be responsible for damages resulting from your failure to comply. You will not allow any third party to use the Venify Site and will be responsible for damages resulting from sharing your login credentials with unauthorized third parties or otherwise permitting unauthorized access to your account. You may not allow any third party to copy, modify, rent, lease, sell, distribute, reverse engineer, or otherwise attempt to gain access to the source code of the Venify Platform; damage, destroy or impede the services provided through the Venify Platform; transmit injurious code; or bypass or breach any security protection on the Venify Platform.

  7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
  8. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD VENIFY AND OUR PARTNERS, EMPLOYEES, AND AFFILIATES, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THIS AGREEMENT OR USE OF THE SITE.
  9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. VENIFY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
  10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL VENIFY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

    You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

  11. Use of Information. Venify reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
  12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

    (a)    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    (b)    A description of the copyrighted work that you claim has been infringed;

    (c)    A description of where the material that you claim is infringing is located on the Site;

    (d)    Your address, telephone number, and e-mail address;

    (e)    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    (f)    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Our Copyright Agent for Notice of claims of copyright infringement on the Site is Corporation Service Company dba Lawyers Incorporating Service Company, who can be reached by mail at 211 East 7th Street, Suite 620 Austin, Texas 78701-3218

  13. Applicable Law. You agree that the laws of the state of Texas, without regard to conflicts of laws provisions, will govern these Terms and Condition of Use and any dispute that may arise between you and Venify or its affiliates.
  14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  15. Waiver. The failure of Venify to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Venify must be in writing and signed by an authorized representative of Venify.
  16. Termination. Venify may terminate this Agreement at any time, with or without notice, for any reason.
  17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing nor otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  18. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Venify and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Venify with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Venify may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
  19. Litigation Class Action Waiver. To the extent allowed by applicable law, separate and apart from the Mutual Arbitration Provision found in Section 19, you agree that any proceeding to litigate in court any dispute arising out of or relating to this Agreement, whether because you opted out of the Arbitration Provision or any other reason, will be conducted solely on an individual basis, and you agree not to seek to have any controversy, claim or dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you acts or proposes to act in a representative capacity (“Litigation Class Action Waiver”). You further agree that no proceeding will be joined, consolidated, or combined with another proceeding, without the prior written consent of all parties to any such proceeding. If a court of competent jurisdiction determines that all or part of this Litigation Class Action Waiver is unenforceable, unconscionable, void or voidable, the remainder of this Agreement shall remain in full force and effect.
  20. Dispute Resolution. Any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply to this agreement.

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

    To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company dba Lawyers Incorporating Service Company, who can be reached by mail at 211 East 7th Street, Suite 620 Austin, Texas 78701-3218. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

  21. Contact Information

    privacy@venify.app