Terms of Use

Last Update: December 10 , 2024

Welcome to That’s Me: an identity recognition system created and owned by the Digital Verification Research Group, Inc. (“DIVERG”; “we”; or “us”). We will not sell, rent, or trade your personal information. We will only transfer your personal information with your consent, to third parties to assist in verifying your identity or as required for the prevention of fraud or otherwise permitted by law.

These Terms of Use, together with any documents incorporated by reference (collectively, the “Terms”) apply to your (“you” or “your”) use of our website and DIVERG’s That’s Me identity recognition system (collectively, the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and DIVERG.

While our goal is to make these Terms as easy to read as possible, the Terms contain unavoidable legalese given this is a legal document.

Overview.

1. Using That’s Me. You may use the Service only if you can form a binding contract with DIVERG and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder. If you do not meet all of these requirements, you must not access or use the Service. Similarly, if you do not want to agree to these Terms of Use or the Privacy Policy or Biometric Information Privacy Policy (collectively, the Privacy Policies), you must not access or use the Service.

Using the Service.
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1. Age Requirement. Children may not access or use the Service. We do not knowingly collect personal information from children. If you are under 13, do not use the Service or provide any personal information about yourself to us or through any of the Service’s features. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data where the child is located).
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2. Access to the Service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for personal use. DIVERG reserves all rights not expressly granted under these Terms. Each person must have a unique account, and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, QR code, or other security code.
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3. Restrictions on Use of the Service. Please use the Service for its intended purpose only and please don’t harm us or the Service. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of building or marketing a competitive product; (iv) use the Service to store or transmit a virus or malicious code; (v) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vi) use the Service to transmit unsolicited emails or engage in spamming; (vii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (viii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service.
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Security and Data Privacy.
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1. Information Security. DIVERG implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure.
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2. Data Privacy. Our Privacy Policies describe how we collect, use, transfer, disclose, and store your personal data. By creating a That’s Me account, you confirm that you have read, understood and agree to our Privacy Policy and Biometric Information Privacy Policy in full, and that these Policies shall be incorporated into these Terms to the extent personal data is processed by DIVERG on your behalf in connection with your use of the Service. In the event of any conflict between these Terms and the Policies, the Policies shall prevail.
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3. Usernames and Passwords. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
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Your Representations.
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By using the Service, you represent that you are who you say you are. You agree that all information, including personal information, you provide to register with the Service or otherwise is true, complete, and correct. You agree that such information is governed by the Privacy Policy and Biometric Information Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Policies.
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Service Availability.

We reserve the right to withdraw or amend this Service, and any related service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Service or the entire Service.

You are responsible for both making all arrangements necessary for you to have access to the Service.

Intellectual Property Rights

All intellectual property rights in and to the Service are and remain the sole property of DIVERG, its licensors, or other providers of such material and are protected by United States and copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by DIVERG. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
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These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, except as follows:
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● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
● If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the terms and conditions for using such applications.
● If we provide social media features with certain content, you may take such actions as are enabled by such features.
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You must not:
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● Modify copies of any materials from this site.
● Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
● Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
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You must not access or use for any commercial purposes this Service or any part of it.

Trademarks
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The That’s Me trademark, the That’s Me logo, the DIVERG trademark, and all related names, logos, product and service names, designs, and slogans are trademarks of DIVERG or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the That’s Me website or the Service are the trademarks of their respective owners.
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Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:
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● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
● To impersonate or attempt to impersonate DIVERG, a DIVERG employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm DIVERG or users of the service, or expose them to liability.
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Additionally, you agree not to:

● Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
● Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
● Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
● Use any device, software, or routine that interferes with the proper working of the Service.
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
● Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Service.

Changes to the Service.

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
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Information About You and Your Visits to the Website.

All information we collect on this Service is subject to our Privacy Policies. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policies.
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Linking to the Website and Social Media Features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
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Our website may provide certain social media features that enable you to:
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● Link from your own or certain third-party websites to certain content on our website.
● Send emails or other communications with certain content, or links to certain content, on this our website.
● Cause limited portions of content on our website to be displayed or appear to be displayed on your own or certain third-party websites.
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You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
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● Establish a link from any website that is not owned by you.
● Cause our website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
● Link to any part of our website other than the homepage.
● Otherwise take any action with respect to the materials on our website that is inconsistent with any other provision of these Terms
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You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
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YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIVERG NOR ANY PERSON ASSOCIATED WITH DIVERG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DIVERG NOR ANYONE ASSOCIATED WITH DIVERG REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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TO THE FULLEST EXTENT PROVIDED BY LAW, DIVERG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DIVERG, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
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The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless DIVERG, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
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Miscellaneous

1. Governing Law and Venue. All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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2. Waiver. No waiver by DIVERG of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DIVERG to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

3. Severability. If any provision of these DIVERG is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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4. Notices. All required notices to you will be sent to the email address associated with your account or through other legally permissible means.
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5. Changes to These Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You should (and are expected to) check this page from time to time so you are aware of any changes, as they are binding on you.
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6. Entire Agreement. These Terms, our Privacy Policy, and our Biometric Information Privacy Policy constitute the sole and entire agreement between you and DIVERG regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.