Authenticate.com
Version 3.0 · Effective November 11, 2026
The prior version of these Terms is archived at authenticate.com/terms-of-use/pre-v3.
These Terms of Use ("Terms") govern your access to and use of the websites, portals, hosted interfaces, APIs and services (together, the "Services") operated by Authenticating.com LLC d/b/a Authenticate ("Authenticate," "we," "us"), a Delaware limited liability company with offices at 1743 Sidewinder Dr, #109, Park City, UT 84060. By accessing or using the Services you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you are authorized to bind it, and "you" includes that organization.
1. Relationship to other agreements. If your organization has executed a Customer Agreement with Authenticate, that Customer Agreement governs its use of the Services and controls over these Terms in the event of conflict. Our Privacy Policy and our Biometric Information Retention and Destruction Policy describe how we handle personal information and are incorporated into these Terms.
2. Eligibility. You must be at least eighteen (18) years of age to use the Services. By using the Services you represent that you meet this requirement.
3. Consumer reporting. Authenticate is a consumer reporting agency with respect to certain of its services and furnishes those services as a reseller under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"). Those services, identified as Regulated Services in our documentation, are consumer reports and may be obtained only by organizations that have executed a Customer Agreement, have certified a permissible purpose under 15 U.S.C. § 1681b for each request, and comply with the obligations of users of consumer reports. Our identity verification services are not consumer reports.
4. Prohibited uses. You may not use the Services to make decisions about hiring, promoting, reassigning or retaining employees. You may not use identity verification results — document checks, selfie matches, risk scores and similar outputs — as a factor in deciding any individual's eligibility for credit, insurance, housing or any other purpose governed by the Fair Credit Reporting Act. Regulated Services may be used for credit, insurance, lending, housing and trust-and-safety decisions only by business customers that have certified a permissible purpose for each request under the Authenticate Customer Agreement. If you use a Regulated Service to screen an independent contractor or platform participant, you must first obtain the individual's written authorization and, before declining them based on a consumer report, give them a copy of the report, A Summary of Your Rights Under the Fair Credit Reporting Act, and at least five business days to respond. Any use in connection with housing or lodging must comply with fair housing and tenant-screening law; any use in connection with credit or insurance must comply with the Equal Credit Opportunity Act and applicable lending and insurance law. Business customers are also bound by the Authenticate Customer Agreement and the terms at authenticate.com/service-terms.
You may not use the Services, or any output of the Services:
5. Accounts and credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Credentials are personal to the individual to whom they are issued and may not be shared. You will notify us immediately at security@authenticating.com of any unauthorized use.
6. Biometric data. Certain Services collect facial geometry and identity-document images. Our collection, use, retention and destruction of that data are governed by our Biometric Information Retention and Destruction Policy. Where you are the individual being verified, you will be asked for your written consent before any biometric data is collected, and you may decline.
7. Consumer rights. If you are an individual about whom we have furnished a consumer report, you may obtain a copy of your file, dispute information you believe is inaccurate or incomplete, and request deletion of your biometric data, at authenticate.com/consumer-rights or by writing to disputes@authenticating.com. We do not charge for these requests.
8. Intellectual property. The Services, including all software, models, documentation, text, graphics and trademarks, are owned by Authenticate or its licensors and are protected by intellectual property law. You receive a limited, revocable, non-exclusive, non-transferable right to use the Services in accordance with these Terms and any applicable Customer Agreement. No other rights are granted.
9. Third-party content and links. The Services may contain links to third-party sites or content. We do not control and are not responsible for them.
10. No professional advice. The Services provide information and verification results. They do not constitute legal, financial, employment or other professional advice, and results are probabilistic. You are responsible for your own decisions.
11. Disclaimer of warranties. EXCEPT AS EXPRESSLY STATED IN A CUSTOMER AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." AUTHENTICATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
12. Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, AUTHENTICATE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING FROM OR RELATING TO THE SERVICES. AUTHENTICATE'S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO AUTHENTICATE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100). Nothing in these Terms limits liability that cannot be limited by law, including liability under the FCRA to the individuals who are the subjects of consumer reports.
13. Indemnification. You will indemnify and hold harmless Authenticate and its officers, managers, employees and agents from any claim, loss or expense, including reasonable attorneys' fees, arising from your breach of these Terms or your misuse of the Services.
14. Suspension and termination. We may suspend or terminate your access to the Services at any time, with or without notice, for breach of these Terms, for a use we reasonably believe violates Section 4, or as required by law. Sections 3, 4, 7, 8 and 11 through 17 survive termination.
15. Modification. We may modify these Terms by posting a revised version with a new version number and effective date. Material changes will be announced through the Services or by email to the address on your account at least thirty (30) days before they take effect. Your continued use after the effective date constitutes acceptance. Prior versions remain available on request.
16. Governing law and venue. These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws principles. Any action arising out of or relating to these Terms will be brought exclusively in the courts of the State of Utah sitting in Summit County, or in the United States District Court for the District of Utah, and you consent to the jurisdiction of those courts. EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY.
17. General. If any provision of these Terms is held unenforceable, the remainder continues in effect. Our failure to enforce any provision is not a waiver. These Terms, together with any Customer Agreement, the Privacy Policy and the Biometric Information Retention and Destruction Policy, are the entire agreement between you and Authenticate regarding the Services.
18. Contact.
Authenticating.com LLC
1743 Sidewinder Dr, #109, Park City, UT 84060
General: support@authenticate.com
Legal notices: legal@authenticating.com
Privacy: privacy@authenticating.com
Consumer disputes and file requests: disputes@authenticating.com
Security: security@authenticating.com