Terms Of Use

1. General Information

1.1. VERIMI GmbH ("VERIMI") operates a technical platform for the online management of identity data (the "VERIMI Platform") and for the provision of other services for end customers (the "Services"). The VERIMI Platform enables you to store your identity data in a VERIMI account, control the use of your data at VERIMI and use the data in connection with the offerings of partners cooperating with VERIMI ("VERIMI Partners"). In addition, the VERIMI Platform enables you to administer consents to the use of your data by VERIMI and VERIMI Partners. The use of the VERIMI Platform and VERIMI Services is available only to natural persons and is free of charge for you. You have to bear any connection or transmission fees incurred by such use.

1.2. "Customer Data" as used in these Terms of Use includes all information about you stored in your VERIMI account, particularly your surname, first name, pseudonyms that you specify, your email address, telephone and mobile telephone numbers, home address, identity card and passport data, driving licence data, bank accounts, other payment data and other personal data. Customer Data is only collected, processed and exchanged between VERIMI and the VERIMI Partners in accordance with the applicable data protection law. You can use your VERIMI account to influence the use of your Customer Data and exclude certain types of use. Please see our data protection declaration for more detailed information on the processing of your Customer Data.

1.3. These Terms of Use only govern the relationship between you and VERIMI with respect to use of the VERIMI Platform and VERIMI Services. Any business transacted between you and the VERIMI Partners or other third parties is subject exclusively to the provisions agreed between you and the relevant VERIMI Partners or other third parties.

2. Registration to Use VERIMI

2.1. In order to be able to use VERIMI's Services, you must register on the VERIMI Platform, create a VERIMI account and store the information requested there. It may be necessary to provide further Customer Data in order to enable use of all VERIMI Services to their full extent. For certain Services, it may also be necessary to verify your identity in advance.

2.2. The data that you store in your VERIMI account when registering or subsequently must be accurate and up to date. However, you may use a pseudonym for an unverified identity. In order to take full advantage of the benefits of VERIMI, we recommend that you maintain your data with VERIMI on a regular basis. In the event of abusive or unlawful use of the VERIMI Services or VERIMI Platform, VERIMI is entitled to block your VERIMI account, to restrict the use of VERIMI Services and, subject to the relevant preconditions, to terminate the contract of use for cause without notice.

2.3. Use of the VERIMI Services is only possible after prior authentication by means of an individual user name and personal access password (collectively known as the "Access Information"). VERIMI may provide you with additional personalised features ("Personalised Security Features") for certain functions. Joint use of Access Information or Personalised Security Features by more than one person is not permitted. The Access Information and Personalised Security Features are to be stored securely, protected from third-party access and not to be disclosed to third parties. If there is a suspicion of unauthorised use of the Access Information and/or Personalised Security Features, or of disclosure of this/these to third parties, VERIMI must be informed immediately.

2.4. Upon confirmation of your registration by VERIMI, a contract of use is concluded between you and VERIMI in accordance with these Terms of Use. VERIMI reserves the right to refuse to conclude a contract of use without stating its reasons.

3. Range of Services

3.1. VERIMI makes various Services available to you that you can use on the VERIMI Platform or within the scope of the offerings of VERIMI Partners. The VERIMI Partners decide for themselves which functions to integrate into their offerings. There is therefore a possibility that not all Services are available from a VERIMI Partner. Currently, VERIMI offers the following functionalities:

3.1.1. You can record and manage your Customer Data on the VERIMI Platform and control the transfer of Customer Data between VERIMI and VERIMI Partners. This enables you, for example, to simplify registration processes with VERIMI Partners or to transfer existing Customer Data from VERIMI Partners to VERIMI to complete your VERIMI profile.

3.1.2. You can link your access to the VERIMI Platform with services of VERIMI Partners and thus simplify future login processes with VERIMI Partners by using your VERIMI Access Information.

3.2. VERIMI is entitled but not required to further develop and change the characteristics and functionalities of the VERIMI Services and VERIMI Platform in the future, as long as the fundamental characteristics and functionalities existing upon conclusion of the contract of use remain in existence. VERIMI will provide you with at least two months' notice in appropriate form prior to implementing material amendments of existing characteristics and functionalities. Section 5 shall apply for amendments to these Terms of Use or agreed additional conditions.

4. Availability

4.1. VERIMI shall endeavour to keep the VERIMI Services and VERIMI Platform available at all times outside necessary maintenance windows.

4.2. VERIMI is entitled temporarily to prevent or restrict your use of the VERIMI Services or VERIMI Platform if and to the extent required for the security of the VERIMI Platform and/or the systems used for its operation or the data stored on the VERIMI Platform.

5. Amendments to These Terms of Use or Agreed Additional Conditions

5.1. VERIMI shall inform you in text form of amendments to these Terms of Use or agreed additional conditions, highlighting the amendments, at least two months prior to the planned effective date. If you do not object to the amendments within such time, this shall be regarded as consent to the amended Terms of Use and/or additional conditions. VERIMI shall make you aware of this consequence again when informing you of the amended Terms of Use and/or additional conditions.

6. Liability

6.1. Unless otherwise provided in these Terms of Use, including the provisions hereinafter, VERIMI shall be liable for breach of contractual and extra-contractual obligations in accordance with the statutory provisions.

6.2. Irrespective of the legal basis, where liability is based on fault, VERIMI's liability for damages caused by intentional acts and gross negligence shall be unlimited. In the event of simple negligence VERIMI shall be liable only:

6.2.1. for losses arising out of injury to body, life or health; and

6.2.2. for losses arising from breach of a material contractual obligation (i.e. an obligation the performance of which is fundamental to the due performance of the contract and the compliance with which the counterparty typically relies upon and is entitled to rely upon); in this case the liability of VERIMI shall however be limited to compensation for typical and foreseeable loss.

6.3. The above limitations of liability do not apply if VERIMI has assumed a guarantee and for claims under the German Product Liability Act (Produkthaftungsgesetz).

7. Termination

7.1. You may terminate the contract of use at any time without observing a notice period and without stating reasons, by means of a communication to VERIMI in text form.

7.2. VERIMI has the right to terminate the contract of use at any time with a notice period of two months to the end of a calendar month.

7.3. In the event of termination, VERIMI will block your VERIMI account as at the effective date of termination. It is no longer possible to use the VERIMI Services and VERIMI Platform from this time. Subject to any statutory storage or retention periods, your Customer Data will be permanently deleted. If Customer Data are still required in order to process outstanding transactions, the deletion shall take place at the earliest after these transactions have been processed.

8. Other Provisions

8.1. German law shall apply, excluding conflict of laws provisions. This shall not affect the applicability of mandatory consumer protection provisions.

8.2. Should a provision of these Terms of Use prove to be invalid, unlawful or unenforceable, this shall not affect the validity, legality and enforceability of the other provisions of these Terms of Use.

8.3. You can contact the European Commission's Online Dispute Resolution consumer platform at: http://ec.europa.eu/consumers/odr. VERIMI GmbH is neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration body in accordance with the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

Additional Conditions for Payments

1. General information

1.1. These additional conditions for payments govern the relationship between you and Verimi with respect to the use of Verimi's payment function. These additional conditions are part of and shall complement the Terms of Use of Verimi.

1.2. The Verimi platform has a functionality for processing payments. If a Verimi partner integrates this payment function into its offering, you have the option of making payments to the Verimi partner via Verimi. If you authorize a payment via Verimi, Verimi collects the payment amount using the direct debit mandate you are to issue and forwards the payment amount to the Verimi partner.

1.3. Verimi will only process payments authorized by you. Verimi has no credit for you. The use of the payment function is free of charge for you as the customer, unless a different fee has been agreed for individual transactions.

1.4. If you use the payment function to purchase goods and services from a Verimi partner, the delivery of such goods or services is governed solely by your agreement with the Verimi partner. Verimi is not a party to your contract with the Verimi partner and is not responsible for the performance of this contract.

2. Activation of the payment function and conditions for use

2.1. The use of the payment function requires your prior activation to use the payment function and the corresponding activation of your Verimi account by Verimi.

2.2. In order to use Verimi's payment function, you must activate the use of the payment function, specifying your account details, and give us a direct debit mandate for this account. Activation is only permitted if you are the owner and beneficial owner of the specified account. A pseudonymous use of the payment function is not possible. If the necessary additional data is not yet stored in your Verimi account, we will ask you to provide this additional data. If your unique identification is not possible on the basis of the available data, the verification of your identity is carried out in the context of the activation. Various identification methods provided by Verimi can be used for this purpose. These may be subject to additional separate terms of use. If you are a politically exposed person within the meaning of the Money Laundering Act, you must specify this during activation. You must notify Verimi immediately of any changes to your status as a politically exposed person. Unless otherwise agreed, the use of the payment function is limited to EUR 500 per payment transaction as well as over a period of 8 weeks. Verimi also carries out a credit assessment and can use this as a basis for setting a financial limit for payments not yet settled.

2.3. By issuing the direct debit mandate, you authorize Verimi to debit funds from your account in order to make the payments you have authorized in order to meet your respective obligations to the Verimi partner. The fulfilment of the contract takes effect with the unconditional crediting of Verimi's account details. However, the fulfillment effect is conditioned and not applicable if a chargeback occurs. In your Verimi account, you can view the direct debit mandate issued and the mandate reference at any time. You can cancel the direct debit mandate at any time by deactivating the payment function. It is then not possible to use the Verimi payment function until you reactivate the payment function and give us a new direct debit mandate. If the direct debit mandate issued is not used for payment purposes for a period of 36 months, a new direct debit mandate must be issued in order to use the payment function.

2.4. You can change the account details in your Verimi account at any time by entering new account details for the use of Verimi's payment function and giving us a direct debit mandate. The change to the account details only applies to future transactions. It is not possible to change the account details for transactions that have already been made. If you have any questions, please contact the Verimi Customer Service.

2.5. You can only use the payment function if you are at least 18 years old.

2.6. The use of Verimi's payment function for transactions that are illegal or fraudulent is prohibited.

2.7. If the verification of your data is successful, Verimi activates the payment function for you. Otherwise, Verimi will notify you of the missing information or pending steps or refuse to activate.

2.8. The use of the payment function and the authorization of payments shall be made using the personalized security features agreed with Verimi and made available by Verimi. In order to authorize payments or to provide personalized security features, we can agree with you to use a personalized instrument (e.g. in the form of a smartphone app) ("Authentication Instrument").

3. Authorization of the payment order

3.1. The prerequisite for the execution of a payment by Verimi is the authorization of the payment by you. If you choose to pay with Verimi, the Verimi partner will redirect you to the Verimi website. Verimi will then ask you to log in using your Verimi credentials (authentication). The separate login can be omitted if you are already currently logged in to Verimi on the device you are using. Before entering your access information and authorizing the payment, you must make sure that you have been redirected to the Verimi site. To do this, you must check the address (URL) displayed by your browser and the activated encryption. Please refer to the description of your browser for details.

3.2. If the authentication is successful and there are no reasons for refusing the payment, Verimi will show you the details of the payment to be authorized and ask you to confirm the payment. For certain payments, an additional confirmation of the payment in the Verimi app on your smartphone is required. When you confirm the payment, you are obliged to ensure that there are sufficient funds in the account you have specified for the use of Verimi. If the payment details displayed do not match your agreement with the Verimi partner, you may not confirm the payment. In this case, you must inform the Verimi Customer Service immediately.

3.3. By confirming the payment, you authorize Verimi to debit the amount from your account. At the same time, you instruct your account-holding bank to redeem the direct debit in this amount. You can revoke the direct debit up to 8 weeks after the date of the debit to your account-holding bank.

3.4. Upon confirmation of payment, the payment order is binding. A revocation of the payment order is no longer possible from this point in time.

4. Execution of the payment order

4.1. After successful authorization Verimi will send you a confirmation of the order. At the same time Verimi informs you of the amount of the payment and the date of the direct debit. Verimi will give at least one day's notice. Once the payment has been received, it will be forwarded to the Verimi partner concerned.

4.2. Verimi is entitled to refuse the execution of the payment order if:

4.2.1. you have not properly authenticated yourself to Verimi or have not properly authorized the payment; or

4.2.2. The suspicion of fraudulent or illegal use exists.

Verimi will inform you immediately of any refusal to execute the payment order. As far as possible, Verimi will inform you about the reasons for the rejection as well as possibilities to avoid mistakes that led to the rejection. Reasons shall not be given if Verimi would thereby be in breach of other legislation.

4.3. Up-to-date information on the payments you have authorized can be viewed online in the Verimi account.

5. Reversal of payment

In the event of a reversal of a payment at the instigation of a Verimi partner, Verimi will return the amount received from the Verimi partner to your account.

6. Transaction overview and information

6.1. By activating the payment function, Verimi will create a separate submenu in the activity area of your Verimi account and provide you with the monthly transaction overview ("Monthly Transaction Overview Submenu"). You can also view the transactions made in the activity log. By setting up the Monthly Transaction Overview Submenu, you waive the transmission of the posted transaction overviews by post in accordance with these additional conditions. Verimi may, however, also send you the posted transaction overviews by post or otherwise if required to do so by law or if otherwise required to do so by circumstances.

6.2. You must regularly check your Verimi account for new activities and transaction overviews.

6.3. You can view, download, print, or archive documents online from the Monthly Transaction Overview Submenu on your local device. Verimi ensures the immutability of the documents set in the Monthly Transaction Overview Submenu if they are saved or stored in the Monthly Transaction Overview Submenu.

6.4. The transaction overviews set in the Monthly Transaction Overview Submenu are available for a period of four years. The transaction overviews are then automatically deleted without a separate message.

7. Safety and due diligence of the customer

7.1. You are obligated to,

7.1.1. keep your access information and personalized security features secret, and

7.1.2. keep your Authentication Instrument safe from access by others,

because any other person in possession of the Authentication Instrument may misuse Verimi's payment function in connection with the knowledge of your access information or personalized security features.

7.2. In particular, the following must be observed to protect access information, personalized security features and the Authentication Instrument:

7.2.1. Access information and personalized security features shall not be stored unsecured electronically.

7.2.2 When entering access information and personalized security features, it must be ensured that other persons cannot spy on them.

7.2.3. Access information and personalized security features shall not be disclosed by e-mail or any other means of telecommunication.

7.2.4. The access information and personalized security features shall not be kept together with the Authentication Instrument.

7.3. You must follow the security instructions on Verimi's website, in particular the measures taken to protect the hardware and software you use.

7.4. Verimi will never ask you to provide your access information or personalized security features by telephone or e-mail. Before entering the access information and personalized security features, check that you are in a trustworthy offer.

8. Notification and information obligations

8.1. You must notify Verimi immediately if you discover the loss or theft of the Authentication Instrument, misuse or other unauthorized use of your Authentication Instrument, access information or personalized security features (blocking notice). You can also submit the blocking notice at any time via the separately provided contact details of Verimi.

8.2. You must report any theft or abuse to the police immediately.

8.3. If you suspect that another person has committed an unauthorized crime.

8.3.1. has obtained possession of your Authentication Instrument or knowledge of your access information or personalized security features, or

8.3.2. uses the Authentication Instrument, your access information, or your personalized security features, you must also issue a lock notification.

8.4. You must notify Verimi immediately of any unauthorized or incorrectly executed payment.

9. Usage block

9.1. At your request, in particular in the event of a blocking notification pursuant to section 8, Verimi will block your access to the payment area in the Verimi account or your access information or personalized security features.

9.2. Verimi may block your access to the payment area in your Verimi account or your access information or personalized security features if,

9.2.1. Verimi is entitled to terminate these Additional Terms and/or the use of Verimi's payment function for good cause;

9.2.2. there are factual reasons relating to the security of the Authentication Instrument, your access information or personalized security features that justify this; or

9.2.3. there is a suspicion of unauthorized or fraudulent use of the Authentication Instrument.

Verimi will inform you as soon as possible, but at the latest immediately after the blocking, stating the relevant reasons.

9.3. Verimi will unblock or exchange your access information, personalized security features, or Authentication Instrument if the reasons for the unblock no longer exist. Verimi will inform you of this immediately.

10. Liability

Section 6 of the Terms of Use for Customers shall not apply to the use of Verimi's payment function. Verimi's liability for damages caused by non-execution, faulty or delayed execution of a payment order, which are not already covered by section 675y of the German Civil Code (BGB), is limited to EUR 12,500; this does not apply to intent and gross negligence, interest damage and for risks which Verimi has specifically assumed. Verimi shall be responsible for any fault attributable to an intermediary as if it were its own, unless the essential cause lies with an intermediary as specified by you. Section 675y (5) sentence 1 BGB shall apply mutatis mutandis.

11. Termination

11.1. You may terminate the validity of these additional conditions and thus the use of Verimi's payment function at any time without notice and without giving reasons by notifying Verimi in writing. The use of Verimi's other services shall not be affected by the termination unless you simultaneously agree to terminate in accordance with the Terms of Use. The possibility to use the payment function also ends with the termination of the Terms of Use.

11.2. Verimi may terminate the application of these additional conditions and thus the provision of the payment function with two months' notice to the end of the month. The use of the other services of Verimi remains unaffected by the termination if Verimi does not simultaneously declare the termination in accordance with the Terms of Use.

11.3. The right to termination without notice for good cause remains unaffected.