PresenceID™ Privacy Policy

Date: 8/3/2025

Terms of Service and Privacy Policy

These Terms of Service (this “Agreement”) apply to all users of the NextgenID identity kiosk (“Identity Station”).

Throughout this Agreement, we may refer to NextgenID, Inc. and our affiliated entities as “NextgenID”, “we”, “us”, or “our”.

Our “Services” mean our identity-as-a-service solution which facilitates identity proofing agent services through our Identity Station.

This Agreement constitutes a legal agreement between the user of the Identity Station (“you”) and NextgenID.

PLEASE READ THIS AGREEMENT CAREFULLY.

By checking the box accepting this Agreement or by using our Services, you are accepting and agree to comply with and be bound by the terms and conditions of this Agreement, including all exclusions and limitations of liability herein, and warrant that you have full authority and capacity, legal and otherwise, to use the Services.

If you do not accept the terms and conditions of this Agreement, do not use the Identity Station or our Services.

This Agreement limits the remedies available in the event of a dispute and requires that all disputes be resolved through binding arbitration. This means that you agree to resolve disputes individually according to the arbitration provisions below rather than in a court of law or through a class action lawsuit.

1. Use of Services

1.1 Our Identity Stations and related Services are designed for identity and authentication purposes. You will use the Identity Stations and our Services only for such purposes and only in the manner specified in this Agreement and in any instructions you receive from us.

1.2 NextgenID provides its Identity Stations and Services to its business clients (“Subscribers”). Each Subscriber is solely responsible for its own interactions with you and for any decisions made based on your use of our Services. You acknowledge that such activities are solely between you and the Subscriber, and that NextgenID has no obligation or responsibility for them.

Acceptable Use Policy

2.1 Your permitted use of the Services is limited to the standard functionality of the Services. NextgenID reserves the right to terminate your access or take legal action if you violate this Agreement.

2.2 The Services may not be used for the following prohibited activities:

  • Infringing on the privacy or intellectual property rights of others
  • Creating or producing fake or counterfeit identities
  • Engaging in illegal, fraudulent, or deceptive activity
  • Encouraging conduct that constitutes a criminal offense or civil liability
  • Engaging in phishing or identity theft
  • Attempting to damage, disable, or overburden the Services
  • Introducing viruses or harmful code
  • Failing to comply with applicable third-party terms

2.3 You shall, at all times:

  • Use the Services only for lawful purposes
  • Comply with all applicable laws and regulations
  • Not use the Services to harm or exploit any person or organization

2.4 NextgenID may investigate and take action as necessary to enforce this Agreement.

Content

3.1 All content provided through the Services (“NextgenID Content”) is the property of NextgenID or its licensors and is protected by law. You are granted no ownership rights in such content.

You may not reproduce, distribute, modify, or exploit any NextgenID Content without express written permission.

3.2 All trademarks and service marks are owned by NextgenID or its licensors and may not be used without permission.

User Information

4.1 Our Services require the transmission of information provided by you (“User Information”), which may include personal and government-identifying data.

You agree to provide accurate information and consent to its processing by NextgenID, its agents, and Subscribers for purposes of the Services and this Privacy Policy.

4.2 The Services may capture or allow you to submit content (“User Content”). You retain ownership of User Content but grant NextgenID a worldwide license to use it for business purposes.

You agree not to submit unlawful, abusive, infringing, or otherwise objectionable content.

Third Party Content

5.1 Our Services may include content from third parties. Such content is provided for convenience and does not constitute endorsement by NextgenID.

Eligibility

6.1 You represent that you are at least 18 years old, legally competent, and not subject to U.S. sanctions or restrictions.

Disclaimers

7.1 The Services are provided “as is” and “as available.” NextgenID disclaims all warranties to the fullest extent permitted by law.

Limitation of Liability

8.1 Use of the Services is at your own risk. NextgenID shall not be liable for any direct or indirect damages arising from your use or inability to use the Services.

Indemnification

9.1 You agree to indemnify and hold harmless NextgenID from any claims arising from your use of the Services or violation of this Agreement.

Changes to the Services and this Agreement

10.1 NextgenID may modify or discontinue the Services at any time without notice.

10.2 NextgenID reserves the right to change this Agreement at any time.

Governing Law

11.1 This Agreement is governed by the laws of the State of Virginia and disputes shall be resolved by binding arbitration in Fairfax, Virginia.

11.2 Claims may be brought only on an individual basis and not as part of a class action.

Contact

12.1 Questions regarding the Identity Station or Services may be directed to info@nextgenid.com.