Terms of Service

Last updated 16/01/2018
This contract explains the rules of our relationship. Make sure that you read it carefully to avoid any surprises later.

This contract will apply to anyone who uses our services or interacts with us.

1. Who are we?

1.1 We are Stormship Ventures Limited, a private limited company incorporated in England and Wales. We own and run this website and the iTrustYou mobile application (the App). You can find out more about us here.

1.2 This contract, and any disputes relating to it is governed by the laws of South Africa.

2. What is this contract about? Our services.

2.1 When we refer to our services we mean this website and the App. This contract covers your use of all our services.

2.2 This contract does not create a partnership, contract of employment, agency, joint venture, franchise or anything like that between us or any third party, except for the benefits granted to Apple, Inc. in terms of clause 7.

2.3 The App provides an identity verification and attestation service. It is not a guarantee of a user’s identity or trustworthiness. It also gives you the opportunity to rate your interaction with other users, and for them to rate you.

2.4 We may offer additions to our services as part of a beta test phase. All or portions of the services included in this test phase may not function correctly, or may contain errors. We have no obligation to correct, nor are we responsible for errors or the effects of those errors while the beta test phases of the services are active. You acknowledge that we have no obligation to announce or make available any particular features of the beta services in the future. If these services launch publicly after the beta phase they may have features or functionality that are different from those found in the beta version.

2.5 We reserve the right to change the content, features or functions of the services at any time without giving you notice and without obligation or liability to you.

3. What is (or isn’t) part of our contract?

3.1 In order to use the App you must create a profile and accept these terms of service by clicking the ‘I agree’ button, creating a binding contract between us.

3.2 Our Privacy Policy is also part of this contract.

3.3 This is our entire contract. No warranties, representations or other terms and conditions aside from those mentioned in this contract will form a part of the contract unless they are made in writing and we have consented to them.

3.4 We may amend or update this contract from time to time. We will provide you notice via email and update the date at the top of this page. The ‘new’ contract will be in force from the date published at the top of this page. If you continue to use our service after the contract has changed, it means that you accept the changes. We encourage you to check the contract regularly.

3.5 This contract cannot be changed or waived through conduct.

3.6 If any term turns out to be unenforceable for some reason or another it will be severed from our contract. It will not affect the enforceability of any of the other terms of the contract.

3.7 Our rights and obligations under this contract are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

4. Rules of use

4.1 To create a profile on the App, you need to have a valid South African drivers licence, an email address and a smartphone running one of the supported operating systems detailed here. Companies or other legal entities cannot use the App’s services.

4.2 The services are not targeted toward or intended for use by anyone under the age of 18.

4.3 Your access to the App’s services is tied to your personal details and thus you cannot transfer it to another person.

4.4 By using the services, you represent and warrant that you:

  • Are 18 years of age or older;
  • Have a valid South African driver’s licence;
  • Have not been previously suspended or removed from the services, or engaged in any activity that could result in suspension or removal from the services;
  • Only use the services in your own capacity and it is in no way accessed on behalf of another person;
  • Do not have more than one profile on the App; and
  • Have full power and authority to enter into this contract.

4.5 By creating an App profile, you agree to:

  • Provide accurate, current and complete information about yourself;
  • Maintain and promptly update your profile information if it should change;
  • Maintain the security of your credentials and accept all risks of unauthorised access to your account and the information you provide to us;
  • Download any updates to the App within a reasonable time from it becoming available;
  • Immediately notify us if you discover or otherwise suspect any security breaches related to the services or your profile; and
  • Receive electronic communications from us. These communications may include notices about the service or your profile.

4.6 You agree that you will not violate any law, contract, intellectual property or other third party right or commit a delict, and that you are solely responsible for your conduct while accessing or using our services. You agree that you will not:

  • Provide false or misleading information to us;
  • Use or attempt to use another user’s profile, another person’s identity or driver’s licence;
  • Use the services in a manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the services or that could damage, disable, overburden or impair the functioning of the service in any manner;
  • Modify, rent, lease, loan, sell, distribute, or create derivative works based on the services, in any manner, and you will not exploit the services in any unauthorised way whatsoever;
  • Reverse engineer any aspect of our services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the services;
  • Use any robot, spider, crawler, scraper, script, browser, extension, offline reader or other automated means or interface not authorised by us to access the services, extract data or otherwise interfere with or modify the rendering of pages or functionality;
  • Transmit or post any file that may contain worms, Trojan horses, viruses or any other form of contamination or destructive elements which interfere with the performance of our services;
  • Use the services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible if you do this, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive because of using any of the services; and
  • Use our services for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates this contract.

5. Purchases and payment terms

5.1 Downloading the App and creating a profile is free of charge, although network and data charges may apply.

5.2 You need TrustTokens (we also call these “Tokens”) to use the iTrustYou service. You may receive free Tokens when signing up or if you successfully invite your friends to sign up. Read more about how to get more Tokens here.

5.3 You can buy Tokens by using in-app purchases. Purchases are non-refundable.

5.4 In-app purchases are purchased from and billed by Apple iTunes. These purchases are subject to the terms and conditions of Apple iTunes. All billing and refund enquiries must be directed to Apple iTunes.

5.5 You can use the Tokens only on the App and it cannot be exchanged for cash.

6. Licences

6.1 Unless we indicate otherwise in writing, the services and all content and other materials it contains, including the iTrustYou and Stormship Ventures logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively we call this the ‘content’) are the proprietary property of Stormship Ventures Limited or is licensed to us.

6.2 You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable licence to access and use the services on any device that you own or control for the sole purpose of accessing the service.

6.3 Our licence to you does not include any right to:

  • Sell, resell or use the services or content thereof commercially;
  • Distribute, publicly perform or publicly display any content without our written consent;
  • Modify or otherwise make any derivative uses of the services or content, or any portion thereof;
  • Use any data mining, robots or similar data gathering or extraction methods;
  • Download (other than page caching) any portion of the services or content, except as expressly permitted by us; or
  • Use the services or content other than for their intended purposes.

6.4 We can revoke this licence at any time.

6.5 The services and content may include software components provided by third-parties that are subject to separate licence terms, in which case those licence terms will govern those software components.

6.6 You are granted a limited, nonexclusive, non-transferable right to create a text hyperlink to this website for non-commercial purposes, provided that it does not portray iTrustYou, Stormship Ventures Limited or any of our services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

7. Terms relating to the App if downloaded from the Apple App Store

7.1 This clause 7 only applies to you if you downloaded the App from the Apple App Store (the Store).

7.2 Both of us acknowledge that this contract is entered into between us only, and that Apple, Inc. is not a party to it. The Store is not responsible for the App or its content, and is not responsible for any support and maintenance.

7.3 Your licence to use of the App is limited to use on any iPhone, iPod touch, iPad or other device using a version of the iOS operating system. For more information on compatibility visit our FAQ page.

7.4 If the App fails to conform to any applicable warranty you may notify the Store, which may refund you the App licence fee (if any was paid). To the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

7.5 Both of us acknowledge that we, and not the Store, are responsible for addressing any of your or any third-party claims relating to the App or your possession and/or use of the App including:

  • Product liability claims;
  • Any claim that the App fails to conform to any applicable legal or regulatory requirement; and
  • Claims arising under consumer protection or similar legislation.

7.6 Both of us acknowledge that if there is any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, we, and not the Store, will be solely responsible for the investigation, defence, settlement and discharge of the claim.

7.7 You represent and warrant that you:

  • Are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
  • You are not listed on any U.S Government list of prohibited or restricted parties.

7.8 Both of us acknowledge and agree that this contract operates as a contract for the benefit of a third party in favour of Apple, Inc. and their subsidiaries, insofar as this contract creates rights in favour of Apple, Inc., and that, upon your acceptance of the terms and conditions of this contract, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the contract against you as the third party beneficiary thereof.

8. Your data

8.1 We will keep your personal information confidential. Please read our privacy policy to see how we collect and use personal information.

9. Feedback

9.1 If you provide any feedback to us, such as questions, comments, suggestions or ideas, we will own the feedback and may use and modify it without any restrictions or payment to you. For instance, if you send us an e-mail to tell us how much you enjoy using the App, we can use a shortened version of it on our website. We will not publicise your personal information with the feedback without your consent.

10. Third party content

10.1 We may link to third party websites or other content on this website or when providing our services. We make no claim or representation regarding, and accept no responsibility for the quality, content, nature or reliability of third party websites or content that we reference. Third party sites and content are not under our control.

11. Where our responsibility ends (disclaimers,
limitation of liability and indemnity)

11.1 Our services are not specifically designed to meet your individual requirements. It is provided on an ‘as is’ and ‘as available’ basis. We do not make any warranties or representations, other than those specifically contained in this contract.

11.2 We use reasonable endeavours to confirm the identity of the App users, but we cannot guarantee absolute accuracy. We can only confirm that a user with a verified profile has identified themselves to the system using a valid South African driver’s licence and that based on the video that the user submitted of him/herself, he/she seems to be the person in the licence photo.

11.3 We cannot guarantee that your profile will be successfully verified, even if you follow all the steps. Sometimes the quality of the licence photo and/or the video submitted is not high enough for us to accurately compare it. We may ask you to re-submit a video. If we’re still unable to accurately compare and match the photo and the video we will not verify your profile and may block your use of the service.

11.4 You expressly acknowledge that the use of our services is at your sole risk. We are not liable for any loss or harm which flows from your use of, or inability to use our service. In addition, we are not responsible for content provided by users of our services, for instance ratings and comments. Please exercise caution when relying on our services.

11.5 We are not liable for any loss or harm which flows from the unauthorised use of your iTrustYou profile. You are responsible to keep your credentials safe and to prevent unauthorised use of your devices and profile.

11.6 You will be held responsible for any claims, demands, causes of action, damages, legal and other costs, expenses, penalties, losses or liabilities resulting from third-party claims about an action, commission or omission by you that constitutes a breach or contravention of this contract or any applicable legislation. In other words, you indemnify us against third-party claims due to your breach of this contract or applicable legislation.

11.7 Although we will try to prevent it from happening, we are not responsible for any malicious code (such as a virus) which may come from this website or the iTrustYou app.

12. Our right to restrict access

12.1 We reserve the right to restrict access to or temporarily suspend access to our services for technical, maintenance or security reasons without compensation. We undertake to limit this type of interruption to a minimum.

13. Termination

13.1 You can deactivate your iTrustYou profile by contacting us via email at help@itrustyou.io

13.2 We can terminate our iTrustYou services to you by giving you notice at any time if:

  • You breach this contract or any applicable law;
  • There is reason to believe that your use of the iTrustYou services or the use of your profile is fraudulent;
  • You use the services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person in our sole discretion;
  • We are for any reason unable to continue to provide the services; or
  • If we, in our discretion, decide to no longer provide the services to the public for whatever reason; or
  • If we no longer do business for whatever reason.

We will have no liability for any damages or losses you may suffer due to the termination.

13.3 When this contract is terminated, whether due to you deactivating your profile or because we terminated our services to you:

  • You will no longer have the right to access or use our services; and
  • Any licences and rights granted under this contract will terminate immediately.

13.4 Even after the contract is terminated, some terms will survive, including:

  • Clause 7 (your data);
  • Clause 8 (feedback);
  • Clause 10 (the limits of our responsibility); and
  • Clause 13 (this one).

14. Contact us

Stormship Ventures Limited
1 Hobill Walk
Surbiton
Surrey
KT58SN

hello@itrustyou.io