Third Party Products and Terms

This section explains: 

• What and how Third Party Products help power our Services; and

• Which parts of the Services will be subject to the Third Party Terms.

This section does not set out an exhaustive list of the Third Party Products we use, nor does it form part of the Third Party Terms.

How do our services work?

We have two types of verification checks: 

1. App-based (Enhanced NFC ID and Original ID): this type of checks will be initiated by you and the individual being verified will receive an SMS prompt to download the App and carry out the tasks required on their mobile device. 

2. Desktop-based (lite screening and identity document verification): this type of checks will be initiated and completed by you without any further input needed from the individual or entity being verified. 

Which data providers help power Thirdfort products?

Below is a breakdown of the features provided by data providers and the Thirdfort products they power. Please note that a feature may appear in multiple Thirdfort products.

The terms set out in this section apply to those elements of the Services that are provided to Thirdfort by the following Third Party Product providers.

A. Onfido Limited  (“Onfido”)

B. Experian Limited (“Experian”)

C. IVXS UK Limited (“ComplyAdvantage”)

D. iProov Limited (“iProov”)

E. Dun & Bradstreet Limited (“D&B”)

F. Kyckr Ireland Limited (“Kyckr”)

1. The terms set out in this Part A apply to those elements of the Services ("Onfido Services") that are provided to Thirdfort by Onfido Limited ("Onfido"). 

2. The Thirdfort Client acknowledges and agrees the Onfido Services are based on information that was not collected, in whole or in part, for the purpose of serving as a factor in establishing a Consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes, employment, or any other similar purpose. Accordingly, Thirdfort Client shall not use any Onfido Services as part of its decision-making process for determining a Consumer’s eligibility for credit, insurance or any other similar purpose. For the avoidance of doubt, this clause is not intended to prohibit the Thirdfort Client from using the Onfido Services for the purpose of verifying a Consumer’s identity.

1. The terms set out in this Part B apply to those elements of the Services that are provided to Thirdfort by Experian Limited ("Experian"), including the storage and/or processing through CrossCore (Experian’s on-demand, web-based tool for fraud and ID verification assessment) ("Experian Services").

2. The following definitions apply in this Part B:

2.1 "Derivative Output" means information, data and materials that are derived, prepared or generated by Experian and/or its sub-contractors within Experian’s environment pursuant to (and/or as a consequence of) the Experian Services, including search footprints but excluding the Thirdfort Client Data;

2.2 “Experian Data” means any of the data and/or databases and/or scores supplied by or sourced from Experian to the Thirdfort Client in connection with the Agreement but excluding the Thirdfort Client Data; and

2.3 “Experian Materials” means any of the items developed and/or licensed by Experian to Thirdfort and the Thirdfort Client in connection with the Agreement but excluding Experian Data.

3. The Experian Services shall be subject to the burden (but not the benefit) of the applicable Experian terms of service.

4. The Thirdfort Client may use the Experian Services to perform identity verification for the purposes of the prevention or detection of fraud and to assist in preventing money laundering (which purposes for the avoidance of doubt shall exclude the provision of any bureau services to any third party).

5. The Thirdfort Client shall promptly provide to Thirdfort full details of all complaints relating to the Experian Services made by a Consumer or other individual to whom the Experian Services relate. The Thirdfort Client shall cooperate with Thirdfort and Experian to resolve any such complaints. If Thirdfort receives a complaint relating to the Experian Services, the Thirdfort Client shall cooperate with Experian and Thirdfort to resolve that complaint and shall respond promptly, and in any event within 5 working days, to any request for information relating to the complaint.

6. Experian may release updates, which may modify CrossCore, from time-to-time ("Updates"). Experian agrees that it will use reasonable endeavours to ensure that such Updates will not result in a material reduction in the level of performance or availability or functionality of CrossCore or the latest version of Experian Services.

7. If Thirdfort is aware that implementing CrossCore or an Update will result in a material reduction in or unavailability either of (i) other Experian Service(s) or (ii) third party services the Thirdfort Client is currently using, Thirdfort will make commercially reasonable efforts to notify the Thirdfort Client 90 days before the required implementation of CrossCore or the relevant Update. Thereafter, the Thirdfort Client and Thirdfort agree to cooperate in transitioning to the current version of the Experian Services or third-party service(s) that allow for proper access to such service(s) through CrossCore following the Update, subject to the Thirdfort Client paying the applicable and reasonable professional services fees at Thirdfort’s then-current rates. If such transition is not possible or practicable within the allotted time or at all, Thirdfort will not be required to continue to facilitate delivery of such service(s) through CrossCore following the Update and may terminate the Thirdfort Client’s use of CrossCore, any of the Experian Services provided via CrossCore and/or any other Experian Services in its discretion.

8. In order for Thirdfort to provide the Experian Services to the Thirdfort Client and in order for Experian to comply with the licence terms which British Telecommunications plc and/or other third party suppliers of telephone number data require, the Thirdfort Client:

8.1 appoints Experian as its agent under the Agreement for the purpose of using Thirdfort Client Data to carry out directory enquiry searches for and on behalf of the Thirdfort Client;

8.2 authorises and instructs Experian to:

(a) use any retrieved telephone numbers resulting from such directory enquiries for the sole purpose of comparing such telephone numbers against any telephone numbers contained within the relevant and applicable data and producing a score based upon whether there was or was not a match of telephone numbers; and

(b) incorporate the score referred to in clause 8.2(a) into the overall score delivered to Thirdfort in connection with the Experian Service; and

(c) instructs and confirms to Experian that telephone numbers retrieved from such directory enquiry searches are for use as input into the comparison process described in clause only and Experian is not required to return such telephone numbers to the Thirdfort Client.

9. To the extent that the Experian Services comprise Royal Mail NCOA® Alert Data, the Thirdfort Client agrees to the terms of the End User Agreement required by Royal Mail which may be accessed at https://thirdfort.com/terms/royal-mail-eula.

10. Experian Services are not intended to be used as the sole basis for any business decision, and are based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable for Experian to guarantee. Experian Services also involve models and techniques based on statistical analysis, probability and predictive behaviour. Experian is therefore not able to accept any liability, for:

10.1 any inaccuracy, incompleteness or other error in the Experian Data which arises as a result of data provided to Experian by the Thirdfort Client or any third party;

10.2 any failure of the Experian Services to achieve any particular result for the Thirdfort Client.

11. If Thirdfort reasonably believes the Experian Services have been used in breach of these Third Party Terms by a Thirdfort Client:

11.1 Thirdfort shall be entitled to suspend provision of the Experian Services;

11.2 the Thirdfort Client shall, cooperate fully with Thirdfort’s investigations into such use; and

11.3 Thirdfort and the Thirdfort Client shall use all reasonable endeavours to resolve the investigations and recommence provision of the Experian Services.

12. Thirdfort grants the Thirdfort Client a non-exclusive licence to use any Experian Data and/or Experian Materials provided to Thirdfort solely as part of the Experian Services in the United Kingdom for the Thirdfort Client to perform identity verification in connection with the prevention or detection of fraud and to assist in preventing money laundering. This licence granted will automatically expire on termination of the Agreement for any reason.

13. The Thirdfort Client grants Thirdfort and Experian a royalty free, non-exclusive, non-transferable licence to use and copy the Thirdfort Client Data which is provided to Thirdfort or input into any of Experian’s databases as part of the Service under or in accordance with the terms of the Agreement for the Purpose and/or for Thirdfort to comply with any requests made to Experian under statute.

14. The Thirdfort Client agrees that it will:

14.1 use the Experian Services, Experian Data and/or Experian Materials solely in connection with the Thirdfort Service, provided as part of the Experian Service;

14.2 not sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any third party any of the Experian Services, Experian Data and/or Experian Materials;

14.3 not (and will not allow any third party to) adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with the Experian Data and/or Experian Materials without the prior written consent of Experian or as otherwise permitted by law;

14.4 only take such copies of the Experian Data and/or Experian Materials as are reasonably required for the use of the Experian Data and/or Experian Materials in accordance with the Agreement;

15. Notwithstanding clause 9 of the Terms of Use, the Thirdfort Client's liability for breach of clause 14.2 of this Part B shall be unlimited.

16. All Intellectual Property Rights in the Experian Materials, the Experian Data and the Derivative Output will remain vested in Experian (or its relevant licensors) and to the extent that any rights in such materials and data vest in the Thirdfort Client by operation of law, the Thirdfort Client hereby assigns such rights to Experian.

1. The terms set out in this Part C apply to those elements of the Services ("ComplyAdvantage Services") that are provided to Thirdfort by IVXS UK Limited trading as ComplyAdvantage ("ComplyAdvantage").

2. The following definitions apply in this Part C:

2.1 “ComplyAdvantage Data” means all data held within ComplyAdvantage’s databases, other than Thirdfort Client Data, that is accessible to the Thirdfort Client through use of the ComplyAdvantage Services;

2.2 “ComplyAdvantage Material” means written documentation and content, verbal, electronic and other information, databases, computer software, ComplyAdvantage Software, designs, drawings, pictures or other images (whether still or moving), the ComplyAdvantage Site, sounds or any other record of any information in any form belonging to ComplyAdvantage but for the avoidance of doubt not including the Thirdfort Client Data or other material belonging to the Thirdfort Client;

2.3 “ComplyAdvantage Site” means ComplyAdvantage's website at www.complyadvantage.com, or other websites that ComplyAdvantage choose to operate and provide ComplyAdvantage Services through; and

2.4 “ComplyAdvantage Software” means ComplyAdvantage's data management and manipulation software made available by ComplyAdvantage to the Thirdfort Client.

3. The Thirdfort Client shall not:

3.1 use the ComplyAdvantage Services in any way that does or may bring the ComplyAdvantage Services or ComplyAdvantage into disrepute;

3.2 use the ComplyAdvantage Services in a manner which is unlawful, harmful, threatening, abusive, harassing, tortious, indecent, obscene, libellous, menacing or invasive of another person’s privacy; 

3.3 use the ComplyAdvantage Services in a manner which infringes the Intellectual Property Rights, proprietary or personal rights of any third party, including data subjects;

3.4 attempt to extract ComplyAdvantage's data in bulk; or

3.5 use any ComplyAdvantage Data or ComplyAdvantage Material, or release any ComplyAdvantage Data or ComplyAdvantage Material to third parties, except as authorised in writing by Thirdfort or as permitted under the Agreement.

4. ComplyAdvantage Data is made available only for the Thirdfort Client’s use as part of the ComplyAdvantage Services and must not be made public by the Thirdfort Client unless required by law. By making the ComplyAdvantage Data public or using it other than for the purposes for which it is provided, the Thirdfort Client may be in breach of the Data Protection Legislation. The Thirdfort Client shall not transfer or access the ComplyAdvantage Data outside of the European Economic Area unless subject to legally enforceable mechanism(s) for transfers of personal data as may be permitted under Data Protection Legislation from time to time.

5. The Thirdfort Client shall ensure that all ComplyAdvantage Data and ComplyAdvantage Material are kept secure and shall use appropriate security practices and systems applicable to the use of the ComplyAdvantage Data and ComplyAdvantage Material to prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display or distribution of the ComplyAdvantage Data and ComplyAdvantage Material. Such appropriate security practices shall not be of a standard lower than the steps that the Thirdfort Client takes to protect the Client Data or its Confidential Information of a similar nature.

6. If the Thirdfort Client becomes aware of any misuse of any ComplyAdvantage Data or ComplyAdvantage Material, or any security breach in connection with the Agreement that could compromise the security or integrity of the ComplyAdvantage Data or ComplyAdvantage Material, or otherwise adversely affect ComplyAdvantage, or if the Thirdfort Client learns or suspects that any password or other security feature has been revealed to or obtained by any unauthorised person, the Thirdfort Client shall, at the Thirdfort Client’s expense, promptly notify Thirdfort and fully co-operate with Thirfort to remedy the issue as soon as reasonably practicable.

7. The Thirdfort Client’s obligations regarding the retention and protection of the ComplyAdvantage Data and ComplyAdvantage Material survive termination of the Agreement for any reason.

8. The Thirdfort Client understands and acknowledges that:

8.1 ComplyAdvantage gives no opinion and makes no recommendation in relation to persons appearing in the ComplyAdvantage Data; and

8.2 results derived from Thirdfort Client’s use of the ComplyAdvantage Services should not be used to draw any automatic conclusion, or relied upon in isolation to make a decision, relating to any person flagged or not flagged in the course of the Thirdfort Client’s use of the ComplyAdvantage Services.

The Thirdfort Client agrees to comply with iProov Limited’s Acceptable Use Policy as available from time to time at https://www.iproov.com/legal/acceptable-use. 

1. Restrictions on Use

1.1 The use of information provided by D&B (“Information”) is subject to these terms and conditions (“D&B Terms”). The Information is licensed to the Thirdfort Client for its internal business use only. Such licence is non-exclusive, non-transferable and limited for the Term (as defined in Paragraph 9.2 below) and is subject to the restrictions set out below. Thirdfort, and where applicable, Thirdfort’s third-party content provider, D&B, retain all ownership rights (including copyrights and database rights and other intellectual property rights) in the Information in any form and the Thirdfort Client obtains only such rights as are explicitly granted in these D&B Terms.

1.2 In this clause “Affiliates” shall mean (i) any subsidiary, holding company or a subsidiary of a holding company of the Thirdfort Client, and (ii) any entity directly or indirectly controlled by, controlling, or under common control with, a Thirdfort Client. Save for Affiliates, the Thirdfort Client shall not request or make available Information for the use of others, including for franchisee or dealer of the Thirdfort Client. The Thirdfort Client represents and warrants that (i) it has the authority to bind its Affiliates to the D&B Terms; and (ii) Thirdfort Client remains liable to Thirdfort for any failure by its Affiliates to comply fully with or in connection with any breach of its Affiliates with the D&B Terms. Thirdfort Client shall not otherwise make Information available to others in any form, unless required by law.

1.3 Thirdfort Client shall not use Information in connection with providing advice or recommendations to others, publish Information in the news media, incorporate or use Information in any kind of database or marketing list to be provided to a third party, use Information to generate any statistical or other information that is or will be provided to third parties, use or permit the use of Information to prepare any comparison to other information databases that will be provided to third parties, or produce Information in judicial or administrative proceedings, including discovery proceedings, without our prior written consent, unless required by law and where Thirdfort Client has notified us of such legal requirement.

1.4 Thirdfort Client may use Information only in connection with the particular transaction for which such Information was originally requested. Thirdfort Client shall not re-license, resell or further distribute Information.

1.5 Thirdfort Client shall not tamper with, abstract or download any substantial portion of the Information into a separate database. A “substantial portion” shall mean any portion of Information which is capable of existing independently as a commercially viable database.

2. Copying 

Thirdfort Client shall not copy, download, batch harvest, upload or in any other way reproduce the Information for the purpose of aggregating the Information, save that Thirdfort Client may create a copy or backup of the Information for the purpose of maintaining an internal archive or for regulatory compliance. Such backup or archive shall not be used for any commercial purpose.

3. Compliance with Laws

3.1 Thirdfort Client will not use Information as a factor in establishing an individual’s eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, or (ii) employment. In addition, Thirdfort Client will not use Information to engage in any unfair, anti-competitive or deceptive practices and will use the Information only in compliance with applicable laws or regulations, including laws and regulations regarding telemarketing, customer solicitation (including fax and/or e-mail solicitation), data protection, privacy and anti-corruption.

3.2 In relation to personal data contained in the Information, Thirdfort Client undertakes to comply with the following obligations: (i) to use such personal data only for internal business use in connection with the particular transaction for which the Information was originally requested; (ii) to use such data in accordance with the EU General Data Protection Regulation 2016/679 (“the GDPR”), the EU Privacy & Electronic Communications Directive 2002/58/EC as implemented, any implementing or replacing national legislation as transposed into United Kingdom national law by operation of section 3 of the European Union (Withdrawal) Act 2017, the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 and any amendments and replacement legislation including European Commission decisions, binding UK and EU guidance and all national implementing legislation (“Privacy Laws”).

4. Limitation of Liability

4.1 Thirdfort Client agrees that in no event shall D&B be liable for any loss or damage of any kind or character (including, but not limited to, special, indirect, incidental, punitive, or consequential damages) even if advised of the possibility of such damages arising out of the use of the information, including without limitation any loss or damages arising out of any credit decisions made, any loss of profit, saving or goodwill, and any loss or damage arising out of the conduct of third parties.

4.2 In no event shall D&B’s liability under this Agreement exceed the greater of (i) the amount Thirdfort received for the particular information provided to the Thirdfort Client that is the subject of the claim or (ii) a sum equivalent to GBP£20,000.

5. Disclaimer of Warranties

5.1 Though Thirdfort uses extensive procedures to keep its database current and to maintain accurate data, Thirdfort Client acknowledges that the Information will contain a degree of error. Thirdfort Client accepts that it (i) is responsible for determining whether the Information is sufficient for its use and (ii) must rely entirely upon its own skill and judgement when using the Information.

5.2 All information is provided on an “as is”, “as available” basis. Save as otherwise stated in these terms, D&B disclaims all warranties, express or implied, including any warranties of accuracy, completeness, currentness, merchantability, or fitness for a particular purpose. D&B will not be liable for any loss or injury arising out of, in whole or in part, its conduct in procuring, compiling, collecting, interpreting or reporting information.

6. Intellectual Property

Thirdfort Client acknowledges and agrees that the Information is proprietary to Thirdfort and D&B and comprises: (a) works of original authorship, including compiled information containing Thirdfort’s and D&B’s selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by Thirdfort and D&B at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm Thirdfort and D&B. Thirdfort Client agrees that it will not commit or permit any act or omission by its agents, employees, or any third party that would impair Thirdfort’s and D&B’s copyright, database rights or other proprietary and intellectual rights in the Information. Thirdfort Client will not use any of Thirdfort’s or, as applicable, D&B’s, trade names, trade marks, service marks or copyrighted materials in listings or advertising in any manner without Thirdfort’s prior written approval.

7. Data Privacy

7.1 In this clause “controller”, “processor”, “data subject”, “personal data” and to “process” have the meanings given to them in the GDPR.

7.2 Thirdfort Client acknowledges that the Information may contain personal data, and in relation to the handling and use of such personal data, Thirdfort Client is acting as controller of such personal data once it is in the Thirdfort Client’s possession.

7.3 Thirdfort Client will ensure that appropriate technical measures (including the use of encryption) and organisational measures are taken to avoid unauthorised or unlawful processing of, and against accidental loss or destruction of or damage to, personal data (including adequate back-up and disaster recovery systems) within the Information.

7.4 Thirdfort Client will not transfer personal data within the Information, to any country outside of the EEA unless End User has (where required) adopted an appropriate EU transfer mechanism in accordance with the GDPR (controller to controller, or controller to processor as applicable).

7.5 Thirdfort Client will promptly carry out any request from Thirdfort requiring it to amend, transfer or delete all or any personal data within the Information.

7.6 Thirdfort Client will take reasonable steps to ensure the reliability of any employees who have access to personal data, including ensuring that all such employees have received training in applicable Privacy Laws. Thirdfort Client will limit access to such personal data (including when in a test environment) to those of its employees who have a business need for access.

7.7 Thirdfort Client will notify Thirdfort promptly if it receives any enquiry or complaint from a local data protection regulator or data subject about any personal data within the Information, as applicable. Thirdfort Client will co-operate with Thirdfort to ensure the prompt investigation of, and response to, any such enquiry or complaint.

7.8 If Thirdfort Client becomes aware of the loss or compromise of, or any damage to, any personal data within the Information it will:

(a) promptly notify Thirdfort of the details of the incident;

(b) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to Thirdfort; and

(c) provide such reasonable cooperation and assistance as may be requested by Thirdfort in order to investigate the incident.

8. Indemnification

Thirdfort Client agrees to indemnify, defend and hold D&B harmless from any claim or cause of action against D&B arising out of or relating to use of the Information by: (i) individuals or entities which have not been authorised by this Agreement to have access to and/or use the Information; and (ii) Thirdfort Client, except where such use by Thirdfort Client is in accordance with these D&B Terms.

9. Miscellaneous

9.1 Notwithstanding any provision in these D&B Terms, D&B’s liability to Thirdfort Client for death or injury resulting from its own or that of its employees’, agents’ or subcontractors’ negligence, or for fraudulent misrepresentations, shall not be limited.

9.2 The term of Thirdfort Client’s license for any particular Information (or element thereof) is from the date such Information is obtained by Thirdfort Client (the “Term”). Thirdfort may terminate such licence immediately upon written notice to the Thirdfort Client in the event of Thirdfort Client’s breach of these D&B Terms.

9.4 Without prejudice to any other rights that Thirdfort may have under this Agreement or at law, if in our reasonable opinion the Thirdfort Client has violated these D&B Terms, Thirdfort may suspend Thirdfort Client’s access to the Information while the violation is investigated. Any investigation will be carried out promptly and Thirdfort Client agrees to cooperate with Thirdfortin connection with any such investigation.

9.5 Upon expiry or termination of the Term with respect to the Information, Thirdfort Client shall immediately delete, destroy or return all originals and copies of any Information, unless Thirdfort Client is otherwise instructed by Thirdfort; and upon request, shall provide Thirdfort with written certification thereof. This provision shall not apply to the archival copies of the Information as permitted in Paragraph 2 above.

1. Definitions

“Kyckr Terms”: the terms in this section F.

“Fees”: the fees due for the use of the services.

“Kyckr Services”: Kyckr’s API which enables the Thirdfort Client to access and extract information, data or documents or third-party content (collectively “Information”) from publicly available global registries and service providers (“Registries”) for the Thirdfort Client’s business purposes.

“Term”: As agreed between the Thirdfort Client and Thirdfort. 

2. Kyckr Services

2.1 Subject to and in consideration of payment of the Fees by the Thirdfort Client to Thirdfort, Thirdfort hereby grants to the Thirdfort Client access to Kyckr’s Services during the Term of this Agreement.

2.2 Access to Kyckr’s Services are subject to the following restrictions:

2.2.1 Kyckr’s Services are personal and for the sole use by the Thirdfort Client and its employees or contractors who are authorised users for the Thirdfort Client’s business purposes;

2.2.2 Thirdfort Client shall not access and shall not attempt to access the source code relating to the Kyckr Services or access all or any part of the Kyckr Services and related documentation in order to build a product or service which competes with the Kyckr Services and any documentation provided;

2.2.3 The Thirdfort Client shall not resell the Kyckr Services or any Information derived from the Kyckr Services;

2.2.4 The Thirdfort Client shall not modify, alter or in any way interfere with the software or merge the Kyckr Services with other data, programs or systems; and

2.3 The Thirdfort Client agrees not to use the Kyckr Services, or any documentation provided save in accordance with the terms and conditions of these Kyckr Terms.  

2.4 The Thirdfort Client acknowledges and agrees that none of the acts which are prohibited by the provisions of these Kyckr Terms (including, without limitation, the prohibitions on copying or adapting the Kyckr Services or any part for the purpose of correcting errors in the Kyckr Services) are necessary for the purposes of the use of the Kyckr Services by Thirdfort Client in accordance with its intended purposes of these Kyckr Terms.

2.5 Neither Thirdfort or Kyckr owns and has control with respect to the Information contained in any of the Registries and third-party sources (including information from the customer of Thirdfort Client), which may be accessed by the Thirdfort Client through the Kyckr’s Services.  Kyckr does not warrant the accuracy, completeness and reliability of any such Information. To the maximum extent permitted by law, Kyckr disclaims all liability and responsibility for any error, inaccuracy or incompleteness in the Information.

2.6 Kyckr does not control the flow of Information to and from the Registries and the performance of internet services provided by third parties. For this reason, Kyckr does not provides any warranty that use of the Kyckr Services will be uninterrupted or error free. In the event that Thirdfort is unable to access Information from a third party, necessary to deliver the Kyckr Services, Kyckr will not be liable to the Thirdfort Client for any interruption in the Kyckr Services.

2.7 The Thirdfort Client acknowledges and understands that the Kyckr Services are provided on an “as is” basis and, to the maximum extent permitted by law, without any warranty of any kind. No warranty is provided that use of the Kyckr Services will be uninterrupted or error free.

2.8 Since the Kyckr Services provides access to the Information, Kyckr does not warrant the accuracy, completeness and reliability of any such third-party content howsoever provided or caused.

3. Data Protection

3.1. Thirdfort Client shall comply with data privacy laws and regulations, which relate to the protection of individuals with regards to the processing of “Personal Data” (as defined in the General Data Protection Regulation 2016/679 (the “GDPR”)) and the Data Protection Act 2018 (“UK GDPR”) and this includes compliance with the GDPR, UK GDPR and any applicable local data privacy laws (the “Data Protection Legislation”).

4. Thirdfort Client Indemnity

4.1 The Thirdfort Client agrees to fully indemnify and keep Kyckr indemnified against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by Kyckr (and recharged to Kyckr) arising out of any of the following:

4.1.1 The Thirdfort Client’s breach of these Kyckr Terms or its negligence, or other act, omission or default in relation to its use of the Information;

4.1.2 The Thirdfort Client's misuse of the Kyckr Services; or

4.1.3 The Thirdfort Client infringing third party intellectual property rights.  

5. Term and Termination

5.1 The Agreement shall continue for the period the Thirdfort Client is receiving Kyckr Services as part of its contract with Thirdfort. 

5.2 This Agreement may terminate automatically where either party is in breach of its use of the Kyckr Services hereunder.

6. Rights of Third Parties

No one other than a party to this Agreement shall have any right to enforce any of its terms other than the parties hereto. The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person other than the parties to this Agreement.

These terms took effect on 11 April 2024 and replaced the previous Third Party Products and Terms version (archived version available here).