Terms & Conditions

1Who these terms are between

These terms are an agreement between [LEGAL ENTITY NAME] (ABN [ABN]), referred to as "we", "us" and "our", and the person or organisation holding a biometricQ account, referred to as "you".

They apply to the biometricQ console, its API, and every page under biometricq.com. By creating an account, or by using the service, you accept them. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it.

Our Privacy Policy forms part of these terms.

2Your account

• An account is identified by an email address and a phone number, and both must be ones you control. Sign-in checks both.
• Choose a password of at least 10 characters and keep it to yourself. Anything done with your credentials is treated as done by you.
• An account is for one person. Do not share a login. Where several people need access, give each of them their own.
• Tell us promptly at support@biometricq.com if you believe an account has been compromised.
• You must be at least 18 years old to hold an account.

3Enrolling other people

This is the obligation that matters most, so it is stated plainly. When you enrol someone, or invite them to enrol, you are the one deciding to collect their biometric information, and you carry the responsibility for that decision. You agree that:

• You have a lawful basis for the enrolment and a genuine purpose for it.
• You have obtained the person's clear, informed, freely given consent before their face is captured, and you can produce evidence of it.
• You have told them who you are, why you are enrolling them, and how to withdraw.
• You will honour a withdrawal of consent promptly by deleting the person's record.
• You will not enrol anyone covertly, or under duress, or by making enrolment a condition of something they have no real choice about.
• You will comply with the Privacy Act 1988 (Cth) and any other privacy, surveillance, workplace or biometric law that applies to you.

In privacy terms you are the entity responsible for the enrolled person's information, and we handle it on your behalf and on your instructions.

4Acceptable use

You must not:

• Enrol or attempt to identify anyone without their consent, including from photographs, video footage or social media.
• Use the service for covert surveillance, for tracking people's movements, or to sort people by race, ethnicity, health, religion, political opinion or any other sensitive attribute.
• Attempt to reverse, reconstruct or derive a face, template or any other biometric detail from a token.
• Present a photograph, mask, screen, recording or generated image in place of a live person.
• Probe, scan, overload or attempt to gain unauthorised access to the service, or interfere with anyone else's use of it.
• Resell, sublicense or white label the service without our written agreement.
• Use the service to break any law, or to help someone else do so.

We block accounts that do these things. Where the behaviour is serious we may act immediately and without notice, and we may report it to the relevant authority.

5What a face token does and does not prove

Face recognition is probabilistic. A match is a strong signal that the same person is present. It is not a certainty, and it never will be. Lighting, cameras, injury, age, expression and deliberate spoofing attempts all affect the result, and rates of error are not identical across every group of people.

You accept that the service can produce a false match or fail to match a genuine person, and you agree:

• Not to rely on it as the only control where a wrong answer would put someone's safety, liberty or health at risk.
• To provide a practical alternative for anyone who cannot use, or does not wish to use, face recognition.
• To keep a human decision in the loop for any consequential outcome, rather than automating it end to end.
• That you, not us, choose the accuracy setting you run at, and you accept the consequences of that choice.

6Your data and your backups

You keep ownership of everything you put into biometricQ. We claim no rights in it beyond what we need to run the service for you.

biometricQ is not your system of record, and you are responsible for your own backups. Export what matters to you and keep an independent copy. We are not liable for the loss, corruption or unavailability of data you have not backed up yourself.

On request we will return or delete your data within a reasonable period after an account closes.

7Availability

We aim to keep the service running, and we do not promise a particular level of uptime unless you hold a separate written agreement that says otherwise. The service may be unavailable for maintenance, for a fault, or because something we depend on has failed. We may change, add or withdraw features.

Where we plan a change that materially reduces what the service does, we will give you reasonable notice.

8Fees

Plans, inclusions and fees are as set out at the point of purchase or in a separate written agreement. Where an account is on a trial plan, we may change the inclusions of that plan or end it with notice. Fees are exclusive of GST unless stated.

9Suspension and termination

You may close your account at any time. We may suspend or close an account that breaches these terms, that goes unpaid, or that is being used in a way that creates a risk to other users or to people who have been enrolled. Where the circumstances allow, we will warn you first and give you a chance to fix it.

Closing an account ends your access. Sections 6, 10, 11 and 13 survive it.

10Warranties and liability

Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where a statutory guarantee applies and we are permitted to limit our liability, our liability is limited to resupplying the service or paying the cost of having it resupplied.

Subject to that paragraph:

• The service is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including that it will be uninterrupted, error free, or fit for a particular purpose.
• We are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, data or anticipated savings.
• Our total liability arising out of or in connection with these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
• We are not liable for a decision you made on the strength of a match or a non match, or for a failure by you to obtain consent from someone you enrolled.

11Indemnity

You indemnify us against claims, losses and costs arising from your breach of these terms, from your use of the service, or from a claim by a person you enrolled that the enrolment was unlawful or without their consent.

12Changes to these terms

We may update these terms. The version and date at the top of the page change when we do. Where a change materially affects your rights we will notify account holders by email and ask you to read the consent window again the next time you sign in. Continuing to use the service after that means you accept the updated terms.

13Governing law

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non exclusive jurisdiction of the courts of that state.

14Contact us

Questions about these terms: support@biometricq.com.

Privacy questions: privacy@biometricq.com.