The terms of using Fingerly.

These terms

An agreement with Badele LLC.

Fingerly is a product of Badele LLC, a Wyoming limited liability company. In these terms, “we”, “us” and “our” mean Badele LLC, and “you” means the person or organisation using Fingerly. “The service” means the Fingerly console, API, SDKs, documentation and the fingerly.io website.

By creating an account, using an API key or using the website, you accept these terms. If you accept them for an organisation, you confirm that you are allowed to bind it, and “you” then means that organisation.

If we have signed a separate written agreement with you, it applies where it differs from these terms.

Accounts

For businesses, run by adults.

The service is for businesses and professionals. You must be at least 18 and able to enter a contract to open an account. Give us accurate account and billing details and keep them current.

You are responsible for everything done in your organisation, by you, by the people you invite and through your API keys. Each member’s role decides what they can do, so give each person only the access their work needs. Keep access to the email address you sign in with secure, because sign-in links are sent to it.

Acceptable use

Use Fingerly to protect, not to harm.

You may use the service to protect your own websites and apps from fraud and abuse. You must not:

• use it to discriminate against people unlawfully, or to make decisions about them that the law does not allow;

• use it to stalk or track individuals, or to follow people across unrelated websites or apps for advertising;

• resell, share or publish the raw data the service returns, or offer the service to others as your own;

• attack, probe, scan or load-test the service, or get around its security, rate limits or billing, without our written permission;

• use the website or the service to disrupt them, or present yourself as affiliated with Fingerly when you are not;

• use it in breach of privacy, data protection or consumer protection law, or of United States export controls and sanctions. You may not use the service if you are in a sanctioned country or on a restricted party list.

Your end users

Your visitors, your notice, your decisions.

When you use the SDKs on your website or app, you decide what is collected about your visitors and why. You are the controller of that data and we process it for you. You are responsible for telling your visitors about it in your own privacy notice, for having a lawful basis, and for getting consent where the law requires it. Every SDK has a consent setting that starts as pending, so nothing is collected until your integration says consent has been given.

Fingerly reports signals and a score. It never blocks anyone by itself, and what you do with a result is your decision and your responsibility, including any explanation you owe the person affected. Do not use the SDKs in apps or services directed at children.

Your data

Yours, used only to serve you.

You keep all rights in the data you and your visitors send to the service. We use it only to provide the service to you, to keep the service secure, and as the law requires. We do not sell it, and we do not combine it with other customers’ data to identify people across customers. We may use aggregate figures that identify no person and no customer, such as total request volumes, to run and plan the service.

How we handle personal data is described in our privacy policy. A data processing agreement can be requested at support@fingerly.io.

Prepaid credit

Add credit first, then use it.

The service is paid for from a prepaid balance. You add credit by card, from $5 to $5,000 at a time, through our payment processor. Each production request is charged from the balance at the price on the pricing page: from $0.0025 per identification, falling as your monthly volume grows, and $0.0005 for a request that could not identify a visitor. Development and staging traffic is not billed.

Credit you buy does not expire. It belongs to the organisation it was added to, cannot be moved to another organisation, and cannot be exchanged for cash except as the refund policy allows. Free signup credit and promotional credit have no cash value.

Prices

Per request, in US dollars.

Prices are listed in USD and exclude taxes. They may change, and production requests are charged at the price in effect when each request is made. A change applies only to requests made after it takes effect, never to credit already spent. The pricing calculator gives an estimate, not a quotation or a billing commitment.

When the balance runs out

Requests pause; nothing is billed later.

When your balance reaches zero, production requests are refused until you add credit. A burst of traffic can take the balance a little below zero before requests pause. That amount is owed, and your next top-up settles it.

Auto top-up

Optional, and off whenever you say.

If you turn on auto top-up, you authorise us to charge your saved card the amount you chose whenever the balance falls below the threshold you set. You can change it or turn it off at any time in the console, and no automatic charge is made after it is off.

Invoiced billing

Only by written agreement.

Selected organisations may be billed monthly by invoice instead of from prepaid credit, by agreement with us. The agreed terms, including when invoices are due, then apply to those organisations, and invoiced usage is not refundable.

Taxes and refunds

Taxes are yours; refunds follow the policy.

You are responsible for any taxes that apply to your purchases, other than taxes on our own income. Refunds of prepaid credit, cancellation and chargebacks are covered by the refund and cancellation policy, which forms part of these terms.

Availability

Run with care, without an SLA.

We work to keep the service available and fast, but we do not offer a service level agreement or uptime commitment unless one is agreed in writing. The service may be interrupted for maintenance, by failures, or by events outside our control. Features, limits and SDKs change over time, and we may add, change or retire them. Each organisation is subject to rate limits, which start at 1,000 requests a second.

API keys and security

Secret keys stay on your server.

Keep secret keys on your own servers and out of browsers, apps and public code. You are responsible for requests made with your keys. If you think a key has been exposed, rotate it in the console and tell us. We may disable a key we believe is compromised or being misused.

Report a security issue in the service to support@fingerly.io.

Suspension

Only for a reason, and lifted once resolved.

We may suspend your organisation or a key if you breach these terms, if your use puts the service, other customers or people at risk, if a balance is left unpaid, while a payment dispute or chargeback is open, or if the law requires it. Where we can, we will tell you first and give you a chance to put things right, and we restore access once the issue is resolved.

Ending the agreement

You can stop at any time.

There is no minimum term. You can turn off auto top-up and close your organisation at any time in the console. Closing an organisation ends the service for it. What happens to remaining credit is set out in the refund and cancellation policy.

We may end the agreement if you materially breach these terms and do not put it right after we tell you, or at once for serious misuse or where the law requires it. If we stop offering the service altogether, we will give you at least 30 days’ notice and refund credit you bought and have not spent.

After an organisation is closed, its data is kept for 30 days and then deleted, except billing records we must keep by law. The sections on fees owed, intellectual property, confidentiality, disclaimers, liability, indemnity and governing law continue after the agreement ends.

Information, not an offer

This website describes a product.

Content on this website is provided for information. Illustrative sessions, scores and identifiers are synthetic. The session inspector identifies your browser for real only after you press its identify button. Descriptions of features and coverage may change as the product does.

Names and marks

Ours, and other people’s.

Fingerly and its brand mark belong to Badele LLC. The mark adapts the fingerprint icon from TDesign Icons, used under the MIT licence. Names and logos of frameworks, platforms and other companies belong to their owners and are used only to describe compatibility.

Links elsewhere

Other sites have their own terms.

Links to other websites are provided for convenience, and those sites are governed by their own terms. The console, where accounts are created, is part of the service and covered by these terms.

Intellectual property

You may use the service; we keep owning it.

We and our licensors own the service, including its software, models, documentation and website. While these terms are in force, we give you a limited, non-exclusive, non-transferable right to use the service for your own business. You must not copy, reverse engineer or rebuild the service except as the law allows.

The SDKs are published under the Apache License 2.0, and that licence governs your use of their code.

Feedback

Ideas are welcome, and free to use.

If you send us suggestions or feedback, we may use them without any obligation to you.

Confidentiality

What is shared in confidence stays so.

Each of us will keep the other’s non-public information confidential, use it only for this agreement, and share it only with people who need it and are bound to protect it. This does not cover information that is public through no fault of the receiver, was already known to it, or is independently developed. Either of us may disclose information where the law requires, giving notice first where the law allows.

Disclaimers

Signals, not certainties.

The service is provided “as is” and “as available”. Identification and detection are probabilistic: a visitor ID, a signal or a score can be wrong, and no service detects every bot, fraud attempt or misrepresented device. To the extent the law allows, we disclaim all warranties not stated in these terms, including merchantability, fitness for a particular purpose and non-infringement.

Limitation of liability

Capped at what you paid in the last 12 months.

To the extent the law allows, neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if told they were possible. Our total liability for all claims arising from these terms or the service is limited to the fees you paid us for the service in the 12 months before the event giving rise to the claim.

These limits do not apply to your obligation to pay fees, to your indemnity below, or to liability that cannot be limited by law.

Indemnity

Claims arising from your use are yours.

You will defend and indemnify Badele LLC against third-party claims, and the resulting losses and reasonable costs, that arise from your use of the service in breach of these terms or the law, including a failure to give your end users the notice or obtain the consent the law requires.

Changes to these terms

Dated, and announced when they matter.

We may update these terms. The date at the top of this page shows when they last changed. If a change materially affects you, we will tell you by email or in the console before it takes effect. Continuing to use the service after a change takes effect means you accept it; if you do not, you can stop and close your organisation.

Governing law

The law of Wyoming.

These terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules. The state and federal courts located in Wyoming have exclusive jurisdiction over any dispute arising from them, and both of us consent to that jurisdiction.

General

The rest of the agreement.

These terms, the refund and cancellation policy, and any written agreement between us are the whole agreement about the service. You may not transfer this agreement without our consent; we may transfer it to a successor of Badele LLC’s business. If a part of these terms cannot be enforced, the rest still applies. Not enforcing a term is not a waiver of it. Neither of us is responsible for delays caused by events beyond reasonable control.

We send notices to the email address of your organisation’s owner. Send notices to us, including legal notices, to support@fingerly.io.