These Terms of Service ("Terms") are an agreement between you, acting on behalf of the business you represent ("Customer," "you"), and prfd, Inc. ("prfd," "we," "us"). They govern your access to and use of prfd.io, the prfd dashboard, and the prfd API (together, the "Services"). By creating an account, accessing the Services, or clicking to accept these Terms, you agree to them on behalf of that business. If you don't have authority to bind that business, don't accept these Terms.
The Services are intended for business use. They are not directed at, and may not be used by, individual consumers acting in a personal capacity.
The Service
prfd provides an API and dashboard that let a Customer cryptographically seal photos and files at the point of capture, and later verify whether a sealed file has been altered. Where we run forensic analysis on submitted content, the result is a risk signal, not a certification. A verdict from the Service reflects what our forensic checks found; it is not a guarantee that a photo is genuine, that it is fraudulent, or that any particular outcome will follow. Depending on how you configure your account, a verdict may be purely advisory or may be used to automatically hold or block a transaction. Either way, you are solely responsible for the decisions you make, or configure the Service to make, based on a verdict.
Accounts
You're responsible for the accuracy of the information you give us when you register, for keeping your login credentials and API keys secure, and for everything that happens under your account, including actions taken by anyone you've given access to it. Tell us promptly if you believe an API key or account has been compromised.
Acceptable use
You agree not to:
- Submit content you don't have the rights or consents necessary to submit, or that violates another person's privacy, intellectual property, or other rights.
- Use the Services to build or support a product that competes with prfd.
- Attempt to reverse-engineer, probe, or bypass the security of the Services, or exceed reasonable API usage in a way that degrades the Service for others.
- Use the Services for any purpose that violates applicable law.
- Resell or sublicense access to the Services without our written permission.
Your content
You retain ownership of the photos, files, and data you submit through the Services ("Customer Content"). You grant prfd a limited license to use, process, and store Customer Content solely to provide the Services to you, as described in our Privacy Policy. You represent that you have the rights necessary to submit Customer Content and, where it relates to your own end users, that you've given them any notice required by applicable law.
Fees and payment
Fees are based on your plan and usage as described at signup or in your order form. Fees are billed in advance or in arrears as specified for your plan, and are non-refundable except as required by law. We may suspend access for a past-due account after notice. You're responsible for any taxes associated with your use of the Services, other than taxes on our income.
Term and termination
These Terms apply for as long as you have an account. You may stop using the Services and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, misuse the Services, or fail to pay fees owed, and we'll generally give notice and a chance to fix the issue first, except where the breach is serious enough that notice isn't practical. What happens to your data after termination is governed by our Privacy Policy, including the fact that a seal already issued over a file remains independently verifiable even after the account that generated it is closed, because that durability is the point of the seal.
Disclaimers
The Services are provided "as is." Forensic analysis of photos and files has real limits: it can miss a sophisticated fake, and it can flag a genuine photo. We don't warrant that the Services will be error-free, uninterrupted, or that any verdict will be accurate in every case. Except as expressly stated in these Terms, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law.
Limitation of liability
To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising from these Terms or the Services, even if advised of the possibility. Each party's total liability arising out of these Terms is limited to the fees Customer paid to prfd in the twelve months before the claim arose. These limits don't apply to a party's indemnification obligations, to breaches of confidentiality, or to either party's gross negligence or willful misconduct.
Indemnification
You will indemnify and hold prfd harmless from third-party claims arising from your Customer Content, your breach of these Terms, or your misuse of the Services. We will indemnify and hold you harmless from third-party claims that the Services, as provided by us, infringe that third party's intellectual property rights.
Confidentiality
Each party may learn non-public information about the other in the course of this relationship. Each party agrees to protect the other's confidential information with the same care it uses for its own similar information, and not to use or disclose it except to perform its obligations under these Terms, as required by law, or with the other party's consent.
Intellectual property
prfd owns the Services, including the .prfd file format, our software, and our forensic and cryptographic sealing technology. Nothing in these Terms transfers any of that to you. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription, for your own business purposes. You retain all rights to your own Customer Content.
Changes
We may update these Terms or the Services from time to time. If a change is material, we'll tell you directly rather than let it sit quietly in a diff. Continuing to use the Services after a change takes effect means you accept it.
Governing law
These Terms are governed by the laws of the United States, without regard to conflict-of-laws rules, and any dispute arising under them will be brought in a court of competent jurisdiction in the United States, which both parties consent to.
General
If any part of these Terms is found unenforceable, the rest remains in effect. Neither party may assign these Terms without the other's consent, except in connection with a merger, acquisition, or sale of substantially all assets. Nothing in these Terms creates a partnership, joint venture, or employment relationship between the parties. Neither party is liable for delay caused by events outside its reasonable control. These Terms, together with our Privacy Policy and any order form you've signed, are the entire agreement between us on this subject.
Contact us
Questions about these Terms: hello@prfd.io.