These Verify with Wallet on the Web Terms and Conditions (“Terms and Conditions”) are a legal agreement between you (“you” or “your”) and Apple Inc. (“Apple”) that governs your use of Verify with Wallet on the Web to conduct Transactions. If you do not or cannot agree to these Terms and Conditions, you must not use Verify with Wallet on the Web. When you agree to these Terms and Conditions, you do so on your own behalf and/or on behalf of your company, organization, institution, or agency, instrumentality or department of the federal, state or local government, as its authorized legal representative.

1. Verify with Wallet on the Web

1.1 Generally

Verify with Wallet on the Web will enable you to request access a User’s Provisioned ID to conduct Transactions to verify the User’s age and/or identity in connection with the User’s use of your website.

Verify with Wallet on the Web may only be available in select languages and regions. Features may vary by region. Apple makes no representation that Verify with Wallet on the Web will be appropriate, accurate or available for use in any particular location or product.

1.2 Ownership

Apple retains all rights, title, and interest in and to the Apple Technology. You agree to cooperate with Apple to maintain Apple’s ownership of the Apple Technology. To the extent that you become aware of any claims relating to the Apple Technology, you agree to use reasonable efforts to promptly provide notice of any such claims to Apple. You agree to retain and reproduce in full the Apple copyright, disclaimers and other proprietary notices (as they appear in the Specifications provided) in all copies of the Specifications that you are permitted to make under these Terms and Conditions. All rights and licenses not expressly granted in these Terms and Conditions are reserved and no other rights, licenses, or immunity, express or implied are granted by Apple, by implication, estoppel, or otherwise.

1.3 Access and Use Requirements and Restrictions

You agree that you will not access, or attempt to access, Verify with Wallet on the Web unless you have received Apple’s prior written approval and the website for which you intend to use Verify with Wallet on the Web:

• Has as a primary purpose providing the goods or services for which verifying a User’s age or identity is needed;
• Request access to only the data value(s) necessary to verify age or identity;
• Require an equivalent age or identify verification process for each User who obtains the same goods or services for the relevant jurisdiction;
• Be in a supported category listed in the Specifications; and
• Meet all additional requirements provided in the Specifications.

You agree to submit true, accurate, and complete information to Apple regarding your request to access Verify with Wallet on the Web. You further agree to keep updated the information it provides to Apple to obtain access to Verify with Wallet on the Web and acknowledge that changes may affect your continued eligibility to access to Verify with Wallet on the Web. You agree to update Apple on your expanded use of the Verify with Wallet on the Web if you expand verification to (1) additional geographic locations, (2) additional groups of users, (3) additional categories of goods or services, or (4) additional data elements.

You agree that Apple may provide you access, and may suspend or terminate your access to Verify with Wallet on the Web, at any time and for any reason, including but not limited to, if you are not in compliance with these Terms and Conditions or any other terms and conditions between you and Apple.

You agree to only request the minimally necessary specific data value(s) for age or identity verification purposes prior to providing your goods or services to a User attempting to access such goods or services. You agree that it may only use such data value(s) (i) for the purpose of verifying age or identity, and (ii) subject to this Section 1.3, for: (a) your processing activities directly related to the provision of such goods or services, including but not limited to account creation, audit, fraud prevention, or compliance with applicable laws, or (b) marketing purposes, provided however, that prior to such use, you present the User with a clear and conspicuous disclosure that contains at least the following elements: (1) an explicit, unbundled, and separate opt-in consent for any marketing activities you will undertake using such data value(s), in accordance with the Specifications, and (2) an additional opt-out option, if any such activities constitute a “sale” or “share” of such data value(s) as defined under the California Consumer Privacy Act, the Virginia Consumer Data Protection Act, or other substantially similar requirements under state or federal laws. You further agree to pass any opt-out choice provided by the User to each third-party recipient of any Verify with Wallet on the Web Data and to use commercially reasonable efforts to ensure that such recipients respect the User’s opt-out choice.

You agree to clearly and accurately display whether your website intends to retain a User’s Verify with Wallet on the Web Data, and the duration that you will store such Verify with Wallet on the Web Data. At the expiration of such duration, you agree to destroy all of a User’s Verify with Wallet on the Web Data in your possession.

You may use Verify with Wallet on the Web and the Verify with Wallet on the Web Data only for the purposes and manner expressly permitted by these Terms and Conditions and in accordance with the Specifications. Except as otherwise expressly permitted in these Terms and Conditions, you agree that it may not (i) manipulate, combine, or process Verify with Wallet on the Web Data; or (ii) share, sell, transfer, disclose, disseminate, or otherwise make available Verify with Wallet on the Web Data to any third-parties (e.g., affiliates, advertising platforms, data brokers, information resellers); provided, that you may share, transfer, or disclose Verify with Wallet on the Web Data: (a) to a service provider who is acting on your behalf and in accordance with Section 11.2 (Third-Party Service Providers) Verify with Wallet on the Web; (b) as expressly permitted by Apple in a separate written agreement; and (c) as required by law.

You represent and warrant that if you are a covered entity or business associate (as those terms are defined at 45 CFR § 160.103), it will not use Verify with Wallet on the Web to create, receive, maintain, or transmit “protected health information” (as such term is defined at 45 C.F.R § 160.103) or equivalent health data under applicable law, or otherwise use Verify with Wallet on the Web in a manner that would make Apple your business associate or a business associate of any third-party, or otherwise directly subject Apple to applicable health privacy laws. If you disclose the Verify with Wallet on the Web Data to third parties for health care services, you will only be permitted to disclose such data for age and/or identity verification usage for the purpose of facilitating the provision of health care to a patient, and only with the patient’s explicit consent.

You may only disclose the Verify with Wallet on the Web Data to third party recipients for age and/or identity verification usages as described by you, provided that you ensure that any such third party recipients of Verify with Wallet on the Web Data will represent and warrant that they not: (i) use or disclose such data for advertising or marketing purposes; (ii) sell such data; or (iii) transfer such data to advertising platforms, data brokers, or information resellers.

You agree not to use Verify with Wallet on the Web for any illegal or fraudulent purpose and acknowledge that using Verify with Wallet on the Web for any illegal or fraudulent purpose may result in suspension or termination of your right to use Verify with Wallet on the Web, or termination of these Terms and Conditions by Apple.

You agree not to interfere with or disrupt Verify with Wallet on the Web (including by accessing Verify with Wallet on the Web through any automated means), or any servers or networks connected to Verify with Wallet on the Web.

You agree not to create, or attempt to create, a substitute or similar service through the use of, or access to, Verify with Wallet on the Web.

You agree not to sell access to Verify with Wallet on the Web, to take any action to discourage Users from performing Transactions or take any other action that otherwise puts Transactions at a disadvantage relative to transactions conducted using other methods (e.g., presenting a physical Identification Document).

To the extent that you access or receive Verify with Wallet on the Web Data, you agree to use the Verify with Wallet on the Web Data solely to conduct the corresponding Transaction in accordance with Applicable Law.

You agree to follow the Verify with Wallet on the Web Acceptable Use Guidelines.

If you breach your obligations under these Terms and Conditions, including any of the foregoing requirements or restrictions, you may be subject to prosecution and damages.

1.4 Updates

Apple may, without prior notice to you, but has no obligation (express or implied) to, extend, enhance, update, or otherwise modify Verify with Wallet on the Web (or any part thereof), including by removing any feature or functionality thereof. If any such changes are made by Apple, these Terms and Conditions will govern such changes. You acknowledge and agree that such updates may affect your ability to use, access, or interact with Verify with Wallet on the Web.

2. Apple’s Relationship With You

2.1 Your Use of Verify with Wallet on the Web

Verify with Wallet on the Web enables you to conduct Transactions; however, Apple does not receive, store, or have any other control over any Verify with Wallet on the Web Data or any activity that may arise out of your use of Verify with Wallet on the Web.

2.2. Sharing of Information

You agree that all information provided by you to Apple in connection with your use of Verify with Wallet on the Web will be current, true, accurate, supportable and complete. Further, you agree that Apple may share such information (including email address and mailing address) with third parties who have a need to know for purposes related thereto (e.g., intellectual property questions, customer service inquiries, etc.).

3. Security

3.1 Fraud

You agree to cooperate with Apple in order to prevent Unauthorized Transactions through Verify with Wallet on the Web.

If You report, or a User whose Personal Data you have processed using Verify with Wallet on the Web reports, or if Apple suspects fraudulent or abusive activity, you agree to cooperate with Apple in any investigation and to use any fraud prevention measures Apple prescribes. When a User reports a concern about your Data Processing of Personal Data using Verify with Wallet on the Web, certain data about you will be sent to Apple. This report may contain data, including Personal Data, about you. You agree to provide all appropriate notice and obtain all necessary consent for Apple to process any such data about you. Apple will process all such data in accordance with its privacy policies and Applicable Law.

3.2 Digital Certificates

You agree that (i) all information you provide to Apple for the purpose of Apple issuing digital certificates in connection with your use of Verify with Wallet on the Web will be current, true, accurate, supportable and complete and (ii) you have procured all rights necessary for Apple to use such information for the foregoing purpose.

You will comply with the Terms of Use for Verify with Wallet on the Web Certificate set forth in Exhibit A attached hereto.

4. Confidentiality

4.1 Information Deemed Apple Confidential Information

You agree that Apple Metrics and any and all information related to Verify with Wallet on the Web that is obtained, generated or created by or on behalf of Apple will be deemed “Apple Confidential Information”. Notwithstanding the foregoing, Apple Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of yours; (ii) information that is generally made available to the public by Apple; (iii) information that is independently developed by you without the use of any Apple Confidential Information; or (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation.

4.2 Obligations Regarding Apple Confidential Information

You agree to protect Apple Confidential Information using at least the same degree of care that you use to protect your own confidential information of similar importance, but no less than a reasonable degree of care. You agree to use Apple Confidential Information solely for the purpose of exercising your rights and performing your obligations under these Terms and Conditions and agree not to use Apple Confidential Information for any other purpose, including for your own or any third party’s benefit, without Apple’s prior written consent. You further agree not to disclose or disseminate Apple Confidential Information, including Apple Metrics that do not specifically reference Verify with Wallet on the Web but enable recipients to reasonably infer Apple Confidential Information from such Apple Metrics, to anyone other than: (i) those of your employees and contractors, who have a need to know and who are bound by a written agreement that prohibits unauthorized use or disclosure of the Apple Confidential Information; or (ii) except as otherwise agreed or permitted in writing by Apple. You may disclose Apple Confidential Information to the extent required by Applicable Law, provided that you take reasonable steps to notify Apple of such requirement before disclosing the Apple Confidential Information and to obtain protective treatment of the Apple Confidential Information. Notwithstanding the foregoing, you may disclose overall Identification Document transactions or other metrics that incorporate Apple Metrics where such Apple Metrics are not segregated or identified and cannot easily be discerned or inferred from the metrics shared by you. You acknowledge that damages for improper disclosure of Apple Confidential Information may be irreparable; therefore, Apple is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.

4.3 Verify with Wallet on the Web Feedback

Notwithstanding anything to the contrary in these Terms and Conditions, to the extent that you provide or have provided any ideas, requests, feedback, reports, suggestions, or recommendations to Apple, in writing, orally, by demonstration or otherwise, regarding Apple’s Confidential Information or Verify with Wallet on the Web (collectively “Verify with Wallet on the Web Feedback”), you hereby grant to Apple an exclusive (including with respect to you), fully paid-up, perpetual, irrevocable, worldwide license to Exploit such Verify with Wallet on the Web Feedback in connection with Apple’s products and services. You agree that providing this Verify with Wallet on the Web Feedback has been and is voluntary.

5. Data Protection & Security Incidents

5.1 Protection of Verify with Wallet on the Web Data

You agree that Verify with Wallet on the Web provides access to Verify with Wallet on the Web Data that must be adequately protected. You agree to implement and maintain all appropriate legal, organizational and technical measures to ensure the Verify with Wallet on the Web Data is kept securely and to protect the Verify with Wallet on the Web Data from (but not limited to) accidental or unlawful Data Processing. You will ensure that Verify with Wallet on the Web Data is (i) encrypted in transit when transferred to and from the User’s device, and (ii) stored in a system with access controls and encryption at rest.

You will comply with all Applicable Laws regarding privacy and data protection with respect to any Data Processing of Verify with Wallet on the Web Data, including, but not limited to, providing clear and complete information to Users regarding your Data Processing of their Verify with Wallet on the Web Data. If a User ceases to consent to, or affirmatively revokes consent to, your Data Processing of his or her data in connection with your use of Verify with Wallet on the Web, you must promptly cease all such Data Processing.

5.2 Security Incident

If you discover a Security Incident, you will: (i) promptly notify Apple thereof, (ii) investigate, remediate, and mitigate the effects of the Security Incident, and (iii) provide Apple with assurances reasonably satisfactory to Apple that you have taken appropriate mitigation steps to prevent future recurrence of similar Security Incidents.

You will comply with all Applicable Laws in the investigation, reporting, and notification of a Security Incident. Additionally, upon Apple’s request, you will, at your cost and expense, provide notices and/or undertake other related remedial measures (including notice, credit monitoring services, fraud insurance and the establishment of a call center to respond to User inquiries) that are reasonably warranted or required by law.

Except as required by Applicable Laws, you will not make any public announcement that references Apple with respect to a Security Incident until you have consulted with and have obtained the written approval of Apple.

In the event of legal proceedings, including but not limited to regulatory investigations or litigation, following or resulting from a Security Incident, you will provide Apple with reasonable assistance and support in responding to such proceedings.

5.3 Cooperation

Notwithstanding any provision to the contrary, you agree to cooperate, assist, and comply with all reasonable requests made by Apple regarding its compliance with these Terms and Conditions and the Specifications, including but not limited to your collection, storage, processing, transmission and usage of Verify with Wallet on the Web Data to verify compliance with the requirements in these Terms and Conditions.

5.4 Disclosures to HIPAA Covered Entities

Disclosures of Verify with Wallet on the Web Data by you in your role as a business associate to covered entity recipients (“Covered Entity Permitted Recipients”) shall be subject to the following terms:

(i) The requirements set forth above in Sections 5.1 and 5.2 shall not apply to the extent Verify with Wallet on the Web Data is in the possession, custody, and control of Covered Entity Permitted Recipients.

(ii) You shall promptly notify Apple of the following events known to you: (a) your Covered Entity Permitted Recipient experiences a breach, as defined at 45 CFR §164.402, involving 500 or more individuals and such breach involves Verify with Wallet on the Web Data, or (b) your Covered Entity Permitted Recipient experiences 5 or more Security Incidents involving Verify with Wallet on the Web Data in the Covered Entity Permitted Recipient’s possession, custody, or control in a 12-month period. In the event of a Covered Entity Permitted Recipient’s Security Incident known to you or otherwise subject to this Section 5.4(ii), you shall terminate further disclosures of Verify with Wallet on the Web Data to the affected Covered Entity Permitted Recipient until the breach or Security Incident has been fully resolved and such Covered Entity Permitted Recipient has provided reasonably satisfactory assurance that such Security Incident will not recur.

6. Your Marks

6.1 License

Subject to these Terms and Conditions, you hereby grant Apple and its Affiliates (and their agents and contractors acting on their behalf), during the Term, a personal, non-exclusive, non-sublicensable, non-transferable, worldwide, royalty-free, license to use, reproduce, and display your Marks as follows:

(i) in connection with your use of Verify with Wallet on the Web;

(ii) in the marketing, advertising and promotion of the availability of Verify with Wallet on the Web in any medium, including the right to use, if applicable, screen shots of Approved Mobile Apps and images of your Marks as they may be used in Verify with Wallet on the Web, including but not limited to use in instructional materials, training materials, marketing materials, and standard advertising in any medium; and

(iii) in a publicly disclosed list of Verify with Wallet on the Web participants.

You will be responsible for procuring all rights necessary for the presentation of any of your Marks.

6.2 Rights in Your Marks

You retain your right, title and interest in your Marks, and all associated goodwill. All goodwill arising from use of your Marks by Apple and its Affiliates will inure to the benefit of you. Apple and its Affiliates will not adopt, use, or register any corporate name, trade name, trademark, domain name, service mark or trademark that includes or incorporates any of your Marks or any term confusingly similar to any of your Marks.

7. Term; Termination and Suspension

7.1 Term

These Terms and Conditions will commence on the Effective Date and remain in effect until terminated in accordance with Section 7.2 (Termination) (the “Term”).

7.2 Termination

Either party may terminate these Terms and Conditions at any time, for any reason or no reason, effective immediately upon providing notice to the other Party of its intent to so terminate.

7.3 Suspension

Apple may suspend your right to use Verify with Wallet on the Web at any time, for any reason or no reason, effective immediately upon providing notice to you of its intent to so suspend.

7.4 Effect of Termination

Except as expressly permitted by Apple, upon termination of these Terms and Conditions, you will immediately cease all use of Verify with Wallet on the Web and erase and destroy all copies, full or partial, of any Specifications in your possession or control.

7.5 Survival

All terms and provisions of these Terms and Conditions, including any and all attachments, exhibits, addendums, schedules and amendments hereto, which by their nature are intended to survive any termination or expiration of these Terms and Conditions, will so survive, including the provisions of Sections 1.2 (Ownership), 4 (Confidentiality), 6.2 (Rights in Your Marks), 7.4 (Effect of Termination), 9 (Indemnification), 10 (Limitation of Liability; Disclaimers), and 11 (General Legal Terms) hereof and this Section 7.5 (Survival). Apple will not be liable for compensation, indemnity, or damages of any sort as a result of terminating these Terms and Conditions in accordance with their terms, and termination of these Terms and Conditions will be without prejudice to any other right or remedy Apple may have, now or in the future.

8. Compliance

You will comply with all Applicable Law related to your use of Verify with Wallet on the Web.

9. Indemnification

To the extent permitted by Applicable Law, you agree to defend (at Apple’s request), indemnify, and hold Apple, its directors, officers, employees, independent contractors and agents (each an “Apple Indemnified Party”) harmless from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs (collectively, “Losses”), incurred by an Apple Indemnified Party and arising from or related to any of the following: (i) your use of Verify with Wallet on the Web, including but not limited to any Unauthorized Transactions; (ii) a Security Incident; (iii) your breach of Section 3.2 (Digital Certificates); (iv) your violation of Applicable Law or these Terms and Conditions; (v) your negligence or willful misconduct; or (vi) Apple’s permitted use of your Marks and other materials that it provides to Apple or its Affiliates under these Terms and Conditions. Apple reserves the right, at your expense, to exclusively defend (including by assuming the exclusive defense) and control of any matter for which you are required to indemnify Apple under this Section 9 (Indemnification), and you agree to cooperate with Apple’s defense of these claims.

10. Limitation of Liability; Disclaimers

10.1 Transaction Verifications

You (and not Apple) will be solely responsible for verifying the validity of Transactions accepted via Verify with Wallet on the Web. Apple has no responsibility to verify any such Transactions and will not be liable for your failure to verify the validity of such Transactions.

10.2 No Apple Liability for Unauthorized Transactions or Errors

Apple will not be liable under any circumstances for any Unauthorized Transactions or erroneous Transactions.

10.3 No Support or Maintenance

Apple is not obligated to provide any maintenance, technical or other support related thereto. Apple does not guarantee the uptime, availability, accuracy, completeness, reliability, or timeliness of any data or information displayed in connection with Verify with Wallet on the Web. To the extent you choose to use Verify with Wallet on the Web, you are responsible for your reliance on any such data or information. It is your responsibility to maintain appropriate alternate backup of all content, information and data, including but not limited to any content that you may provide to Apple in connection with your use of Verify with Wallet on the Web.

10.4 No Warranty

Verify with Wallet on the Web may contain inaccuracies or errors that could cause failures or loss of data and it may be incomplete. Apple and its licensors reserve the right to change, suspend, remove, or disable access to Verify with Wallet on the Web (or any part thereof) at any time without notice. In no event will Apple or its licensors be liable for the removal of or disabling of access to Verify with Wallet on the Web (or any part thereof). Apple or its licensors may also impose limits on the use of or access to Verify with Wallet on the Web (or any part thereof) or may remove Verify with Wallet on the Web (or any part thereof) for indefinite time periods or cancel Verify with Wallet on the Web (or any part thereof) at any time and in any case and without notice or liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF VERIFY WITH WALLET ON THE WEB IS AT ITA SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. VERIFY WITH WALLET ON THE WEB IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S AFFILIATES AND AGENTS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF THIS SECTION 10.4 (NO WARRANTY) AND SECTION 10.5 (LIMITATION OF LIABILITY)) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO VERIFY WITH WALLET ON THE WEB, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF VERIFY WITH WALLET ON THE WEB, THAT VERIFY WITH WALLET ON THE WEB WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF VERIFY WITH WALLET ON THE WEB WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN VERIFY WITH WALLET ON THE WEB WILL BE CORRECTED, OR THAT VERIFY WITH WALLET ON THE WEB WILL BE COMPATIBLE WITH FUTURE APPLE PRODUCTS, SERVICES OR SOFTWARE OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH VERIFY WITH WALLET ON THE WEB WILL NOT BE LOST, CORRUPTED OR DAMAGED. YOU ACKNOWLEDGE AND AGREE THAT VERIFY WITH WALLET ON THE WEB IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES OR INACCURACIES IN THE TRANSMISSION OR STORAGE OF DATA OR INFORMATION BY OR THROUGH VERIFY WITH WALLET ON THE WEB COULD LEAD TO DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SHOULD VERIFY WITH WALLET ON THE WEB PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

10.5 Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, YOUR USE OF, OR INABILITY TO USE, VERIFY WITH WALLET ON THE WEB, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event will Apple’s total liability to you under these Terms and Conditions for all damages (other than as may be required by Applicable Law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).

11. General Legal Terms

11.1 Processing of Data

In order to test, provide and improve Apple’s products and services, you acknowledge and agree that Apple and its Affiliates and agents may be Data Processing diagnostic, technical, usage and related information about your use of Verify with Wallet on the Web in a form that does not personally identify you. By accessing or using Verify with Wallet on the Web, you acknowledge and agree that Apple and its Affiliates and agents have your permission to Data Process any and all such information and use it as set forth in this Section 11.1 (Processing of Data). Further, you agree that Apple may share the diagnostic, technical, and usage logs and information (excluding personally identifiable information) with partners and third-party developers for purposes of allowing them to improve their products and services that operate on or in connection with Apple-branded products. Apple’s collection and use of information relating to identified or identifiable individuals (“Personal Data”) is governed by the Apple Privacy Policy, available at https://www.apple.com/legal/privacy/, which is incorporated by reference into these Terms and Conditions. By using these features, you agree and consent to Apple’s and its Affiliates’ and agents’ Data Processing of all of the foregoing information, to provide Verify with Wallet on the Web functionality.

You acknowledge and agree that any Data Processing of Personal Data by you in connection with your use of the Verify with Wallet on the Web will be done for your own benefit and on your own behalf, and not on behalf or for the benefit of Apple, and you will be solely liable and responsible for your Data Processing activities. You further acknowledge that Apple does not determine the purpose and means of Data Processing of Personal Data in connection with your use of the Verify with Wallet on the Web, which are determined by you solely in your own independent capacity.

11.2 Third-Party Service Providers

You are permitted to employ or retain a third party (“Service Provider”) to assist you in performing your obligations under these Terms and Conditions, provided that any such Service Provider’s performance is done solely on your behalf and only in accordance with these Terms and Conditions. You agree to have a binding written agreement with your Service Provider with terms at least as restrictive and protective of Apple and Verify with Wallet on the Web Data as those set forth herein. Any actions undertaken by any such Service Provider in relation to its performance of your obligations under these Terms and Conditions will be deemed to have been taken by you, and you (in addition to the Service Provider) will be responsible to Apple for all such actions (or any inactions). In the event of any actions or inactions by the Service Provider that would constitute a violation of these Terms and Conditions or otherwise cause any harm, Apple reserves the right to require you to cease using such Service Provider.

11.3 Independent Development

Nothing in these Terms and Conditions will impair Apple’s right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, if applicable, Approved Mobile Apps or any other products, services or technologies that you may develop, produce, use, market, or distribute. These Terms and Conditions will not be construed as creating any agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between you and Apple, and you will not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms and Conditions are not for the benefit of any third parties.

11.4 Assignment

These Terms and Conditions may not be assigned, nor may any of your obligations under these Terms and Conditions be delegated, in whole or in part, by you by operation of law, merger, or any other means without Apple’s express prior written consent and any attempted assignment without such consent will be null and void.

11.5 Notices

Any notices relating to these Terms and Conditions will be in writing. Notices will be deemed given by Apple when sent to you at the email address or mailing address you provided during the sign-up process for Verify with Wallet on the Web. All notices to Apple relating to these Terms and Conditions will be deemed given (i) when delivered personally, (ii) three (3) business days after having been sent by commercial overnight carrier with written proof of delivery, and (iii) five (5) business days after having been sent by first class or certified mail, postage prepaid, to Apple Inc., One Apple Park Way, Cupertino, California, 95014. You consent to receive notices by email and agree that any such notices that Apple sends you electronically will satisfy any legal communication requirements. A party may change its email or mailing address by giving the other written notice as described above.

11.6 Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of these Terms and Conditions will continue in full force and effect to the maximum extent permitted by Applicable Law.

11.7 Waiver

Failure by Apple to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision.

11.8 Interpretation

Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to these Terms and Conditions. Section headings are for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

11.9 Changes to These Terms and Conditions

Apple may modify or otherwise change these Terms and Conditions from time to time in its sole discretion. Apple will provide you notice of any such changes to these Terms and Conditions in accordance with Section 11.5 (Notices). Subject to Applicable Law, your continued use of Verify with Wallet on the Web following such notice will be deemed to be your acceptance of such modified version of these Terms and Conditions.

11.10 Governing Law

These Terms and Conditions and any disputes arising under or in connection therewith will be governed by and construed and enforced under the laws of the State of New York, without regard to its choice of law principles, except that any arbitration hereunder will be governed by the Federal Arbitration Act, Chapters 1 and 2. The Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions.

11.11 Dispute Resolution

All disputes arising out of or related to these Terms and Conditions will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules.

The place of arbitration will be San Francisco, California. The arbitration will be conducted in English. Judgment on the award may be entered in any court having jurisdiction. In addition to the ICC Rules, the Parties agree that the arbitration shall be conducted according to the International Bar Association Rules on the Taking of Evidence in International Arbitration.

The Parties will keep confidential: (i) the fact that any arbitration occurred; (ii) any awards awarded in the arbitration; (iii) all materials used, or created for use in, in the arbitration; and (iv) all other documents produced by another party in the arbitration and not otherwise in the public domain, except, with respect to each of the foregoing, to the extent that disclosure may be legally required (including to protect or pursue a legal right) or necessary to enforce or challenge an arbitration award before a court or other judicial authority.

The direct expenses of the arbitration, including fees and expenses of the arbitrators, shall in principle be borne and shared equally by the Parties, subject to the ICC Rules. The costs of a court reporter and the transcription of the proceeding, if any, shall be paid by the Party requesting such, unless requested by the arbitrators, which will then be borne and equally shared by the Parties. Each Party shall bear its own costs and attorney’s fees, and the arbitrators shall not have the authority to award any Party’s costs or attorney’s fees to another Party.

Nothing in these Terms and Conditions will prevent either Party from seeking provisional measures from any court of competent jurisdiction, and any such request will not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The Parties hereby waive any requirements for security for obtaining any provisional relief.

11.12 Governing Language

THE UNITED STATES, ENGLISH LANGUAGE VERSION OF THESE TERMS AND CONDITIONS SHALL BE THE ORIGINAL, GOVERNING INSTRUMENT, AND UNDERSTANDING OF THE PARTIES. IF THESE TERMS AND CONDITIONS IS MADE AVAILABLE BY APPLE IN ANY OTHER LANGUAGE OR IN ANY OTHER ENGLISH LANGUAGE VERSION, THEN THE UNITED STATES, ENGLISH LANGUAGE VERSION SHALL GOVERN AND CONTROL IN THE EVENT OF ANY CONFLICT WITH ANY TRANSLATION INTO ANOTHER LANGUAGE OR ANY OTHER ENGLISH VERSION (TO THE EXTENT THIS DOES NOT CONTRADICT MANDATORY PROVISIONS OF APPLICABLE LAW), UNLESS SUCH OTHER VERSION EXPLICITLY STATES OTHERWISE. If You are a government agency, department, instrumentality or organization in France or the Province of Quebec, Canada, the following clause applies: The Parties hereby confirm that they have requested that these Terms and Conditions and all related documents be drafted in English. Les Parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

11.13 Entire Agreement

These Terms and Conditions, together with all Exhibits attached hereto, constitute the entire agreement between the parties with respect to your use of Verify with Wallet on the Web, and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral with respect to the subject matter hereof. Neither party has made any representations or promises to the other in connection with these Terms and Conditions or the subject matter hereof that are not expressly set forth in these Terms and Conditions.

12. Definitions

Whenever capitalized in these Terms and Conditions:

• “Affiliate” means, as to any Person, another Person that controls, is controlled by, or is under common control with such first Person. As used in this definition, the term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, or otherwise. For the avoidance of doubt, but not by way of limitation, the direct and indirect ownership of more than 50% of: (i) the voting securities; or (ii) an interest in the assets, profits, or earnings of a Person, will be deemed to constitute “control” of the Person. The term “controlled” has the correlative meanings.
• “Apple Confidential Information” has the meaning set forth in Section 4.1 (Information Deemed Apple Confidential Information).
• “Apple Indemnified Party” has the meaning set forth in Section 9 (Indemnification).
• “Apple Mark” means any Mark, registered or unregistered, directly or indirectly owned by or licensed to Apple and Apple Affiliates anywhere in the world, including without limitation each of the Marks listed at https://www.apple.com/legal/intellectual-property/trademark/appletmlist.html , as may be amended by Apple from time to time.
• “Apple Metrics” means any metrics regarding the usage, performance, and Transaction-level information of Verify with Wallet on the Web in any format or context, including aggregate or segmented data from which the metrics regarding Verify with Wallet on the Web can reasonably be inferred.
• “Apple Technology” means Technology (and all intellectual property rights therein or thereto) that Apple or any Apple Affiliate owned, conceived, reduced to practice, authored, or otherwise discovered, created or developed prior, on or subsequent to the Effective Date, the foregoing occurring separately and independently of you and your Affiliates.
• “Applicable Law” means all laws (including common law), codes, statutes, rules, regulations, published standards, permits, judgments, writs, injunctions or rulings, published regulatory bulletins or orders or decrees of any Governmental Authority, as may be amended and in effect from time to time, related to the subject matter of these Terms and Conditions and that apply to or are binding upon you or Apple in the applicable jurisdiction in the Territory, including but not limited to all laws relating to the protection of Personal Data.
• “Data Processing” means any operation or set of operations performed on data, including Personal Data, such as collection, use, access, analysis, maintenance, transmission, disclosure, or deletion.
• “Effective Date” means the date you agree to these Terms and Conditions.
• “Eligible Device” means any iPhone or third-party device that is capable of storing an Eligible Identification Document.
• “Eligible Identification Document” means any Identification Document supported by the Specifications.
• “Exploit” means develop, design, make, have made, use, practice, license, sublicense (through multiple tiers), sell, offer to sell, import, export, reproduce, modify, create derivative works of, display, perform, transmit, distribute, make available or accessible, dispose of and otherwise exploit.
• “Governmental Authority” means any domestic or foreign, federal, state, provincial, municipal or local government, any political subdivision thereof and any entity exercising executive, legislative, judicial, regulatory, or administrative functions of or pertaining to government, regardless of form, including any agency, bureau, court, tribunal, or other instrumentality having jurisdiction over Verify with Wallet on the Web, you or Apple, or any of their respective Affiliates.
• “Verify with Wallet on the Web” means the digital identity platform that utilizes Apple Technology to enable you to accept a User’s Provisioned ID to verify such User’s age and/or identity.
• “Verify with Wallet on the Web Data” means any data relating to an identified or identifiable individual or that is linked or linkable to them which is obtained through, collected through, relating to, or derived from the use of Verify with Wallet on the Web, including any data that relates to an identified or identifiable individual or that is linked or linkable to them.
• “Verify with Wallet on the Web Feedback” has the meaning set forth in Section 4.3 (Verify with Wallet on the Web Feedback).
• “Identification Document” means any state-issued or government-issued identification document (e.g., driver’s license).
• “Losses” has the meaning set forth in Section 9 (Indemnification).
• “Marks” means all trademarks, service marks, trade dress, trade names, logos, taglines, slogans, product names, any other similar intellectual property rights, registered or unregistered anywhere in the world.
• “Person” means any individual, corporation, limited liability company, partnership, firm, joint venture, association, trust, unincorporated organization, Governmental Authority or other entity.
• “Personal Data” has the meaning set forth in Section 11.1 (Processing of Data).
• “Provisioned ID” means any Eligible Identification Document that has been provisioned to an Eligible Device.
• “Security Incident” means any actual or reasonably suspected theft, loss, unauthorized access to, use, or disclosure of Verify with Wallet on the Web Data, or in connection with Verify with Wallet on the Web or your website.
• “Specifications” means all specifications, documentation, guidelines and requirements associated with Verify with Wallet on the Web, including, but not limited to, Verify with Wallet on the Web implementation and operating guidelines, provided or made available by Apple to you, as the same may be updated or supplemented by Apple from time to time.
• “Technology” means any information, ideas, know how, designs, drawings, specifications, schematics, software programs (including source and object codes), manuals and other documentation, data, databases, processes (including technical processes and business processes), or methods (including methods of operation and methods of production).
• “Term” has the meaning set forth in Section 7.1 (Term).
• “Territory” means the country, territory, or region in which you are permitted by Apple to use the Verify with Wallet on the Web.
• “Transaction” means any transaction using a User’s Provisioned ID to verify such User’s age and/or identity.
• “Unauthorized Transaction” means any Transaction conducted by a Person that is not authorized to conduct a Transaction, including, any fraudulent Transaction.
• “User" means any natural Person that has been issued a valid State Identification Document and who has a Provisioned ID.

Exhibit A

TERMS OF USE FOR VERIFY WITH WALLET ON THE WEB CERTIFICATE

Introduction

These Terms of Use for Verify with Wallet on the Web Certificate (“Terms of Use”) describe your obligations in relationship to the application and management of the Verify with Wallet on the Web Certificate, issued by Apple CA to you. Apple reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Your continued application and management of Certificates following changes will mean that you accept and agree to the changes. Additional terms and conditions, including those set forth in the CA Certificates and other service and product terms, may apply to you all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the additional terms and conditions, the latter terms will control with respect to your application and management of Certificates.

These Terms of Use apply to the issuance of all Certificates issued to you over the Certificate Term (defined below).

Definitions

The definitions in the Apple Root Certificate Policy are included by reference. The Apple Root Certificate Policy and Apple Application Integration Certificate Practice Statement can be found at https://www.apple.com/certificateauthority. Unless otherwise defined in these Terms of Use, all capitalized terms used in these Terms of Use have the meanings assigned to them in the Apple Root Certificate Policy. 

Term

The term of each Certificate Application extends throughout the Validity Period of the Certificate (the “Certificate Term”).

Your Obligations, Representations and Warranties

You are solely responsible for any information provided as part of a Certificate Application and for all transactions that use your Private Key, regardless of whether such use was authorized. You are required to notify Apple if a change occurs that could affect the status of the Certificate, or if they believe that the Certificate information or Private Key have been compromised or are no longer valid or secure. 

You will:

1. Securely generate and protect Private Keys from compromise; 
2. Provide accurate and complete information when onboarding to Verify with Wallet on the Web;
3. Ensure that the information provided during onboarding remain complete and accurate during the use of Verify with Wallet on the Web; 
4. Promptly request Certificate revocation, cease using the Certificate and its associated Private Key, and notify Apple CA if there is any actual or suspected misuse or compromise of the Private Key associated with the Public Key included in the Certificate;
5. Promptly request Certificate revocation, or an equivalent action for Certificates, and cease using the Certificate, if any information in the Certificate is or becomes incorrect or inaccurate;
6. Use the Certificate only for authorized and legal purposes, consistent with the Certificate purpose, the Apple Root Certificate Policy, the Apple Application Integration Certification Practices Statement, and these Terms of Use; 
7. Promptly cease using the Certificate and related Private Key after the Certificate’s expiration;
8. Acknowledge and accept that Apple is entitled to terminate your access to Verify with Wallet on the Web immediately if:
   1. You violate these Terms of Use; or
   2. Certificate Authority has to cease operations due to obligations under Apple Root Certificate Policy; and 
9. Immediately respond to Apple‘s instructions concerning any Key Compromise or misuse or suspected misuse of a Certificate. 

Apple‘s Obligations, Representations and Warranties 

Except as expressly stated in the Apple Application Integration Certification Practices Statement, Apple does not make any representations regarding its products or services. To the extent permitted by applicable law, Apple disclaims any warranties, including any warranty of merchantability or fitness for a particular purpose. Apple represents to you that it: 

1. Comply in all material aspects with the Apple Root Certificate Policy and Apple Application Integration Certification Practices Statement, and all applicable laws and regulations; and
2. Publish and update CRLs and OCSP responses on a regular basis in accordance with Apple Root Certificate Policy.

Miscellaneous

These Terms of Use constitute the full and complete understanding and agreement of the parties relating to the subject matter hereof (i.e., Your obligations in relationship to the application and management of Certificates, issued by Apple to you) and supersede all prior understandings and agreements relating to such subject matter. Apple’s failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Apple of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Apple and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.