Terms of use for Customers

1. General

1.1 Verimi GmbH (“Verimi”) operates a digital identity and trust platform for your personal data (“Verimi Platform”). The Verimi Platform enables you to store your personal data in a Verimi account and to use all services that Verimi provides to its users (“Services”), in particular the transfer of all or part of your data to or from partners working together with Verimi (“Verimi Partners”). 

1.2 The use of the Verimi Platform and the Services of Verimi is only available to natural persons over the age of 18 and is in general free of charge for you. Certain services may be subject to charges, which will be indicated separately in advance. Any connection or transmission fees that may arise from your use of the Verimi Platform and Services are at your own expense. 

1.3 “Data” in the sense of these terms of use is all personal data stored in your Verimi account concerning you. Personal data is any information relating to an identified or identifiable natural person. This includes in particular the following information: Surname, first name, pseudonyms determined by you, e-mail address, telephone and mobile phone number, residential address, identity card and passport data, driver’s license data, bank account details and other payment data. Personal data is only collected, processed and exchanged between Verimi and the Verimi Partners within the framework of the applicable legal provisions. For more information on the processing of your data, please refer to our privacy policy. 

1.4 These terms of use exclusively govern the relationship between you and Verimi with respect to the use of the Verimi Platform and Services of Verimi. 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 for the use ofVerimi

2.1 In order to be able to use the Services of Verimi, you need a Verimi account. You must register with Verimi and store the information requested there. Additional information may be required to make full use of certain Verimi Services. For example, to use Verimi Pay, your account information and proof of identity are required. 

2.2 The data you provide during registration or later in your Verimi account must be accurate and belong exclusively to you. It is not allowed to store information about bank accounts, e-mail addresses, mobile phone numbers, etc. shared with third parties. You are also obliged to keep your data up-to-date. In the event of abusive or unlawful use of the Services of Verimi or the Verimi Platform, Verimi is entitled to block your Verimi account, to restrict the use of the Services of Verimi and, if the appropriate conditions are fulfilled, to terminate the contract of use without notice and to delete your Verimi account. 

2.3 The use of Verimi Services is only possible after successful registration. For your own security, Verimi will also issue you with a PIN (personal identification number used e.g. for validating electronic transactions) and PUK (personal unblocking key used e.g. for administering your 2-factor-authentication at Verimi) and other personalized security features for the use of certain features. Sharing access information or personalized security features of your Verimi account is not allowed. The access information and personalized security features are to be stored securely, protected from access by third parties and not to be disclosed to third parties. In case of suspicion of unauthorized use of the access information or personalized security features or disclosure to third parties, Verimi has to be informed immediately using the contact data given in the imprint. 

2.4 With the confirmation of the creation of your Verimi account, the user agreement between you and Verimi comes into effect according to these terms of use. Verimi reserves the right to refuse the conclusion of the user agreement without giving reasons. 

2.5 If, during the registration process, you do not provide all the information requested to create a Verimi account, no contract of use will be concluded between you and Verimi. In this case, Verimi will delete any data already collected. 

2.6 In case of security concerns, especially in case of loss or compromise of access information or personalized security features, Verimi reserves the right to deny you access to certain data and to remove it from your Verimi account.

3. Services

3.1 You can store your data in your personal Verimi account. After activating your Verimi account, Verimi provides you with various Services that you can use at Verimi or at Verimi Partners. The Verimi Partners themselves decide which services and functions they integrate into their offers. It is therefore possible that not all Services can be used with a Verimi Partner. Verimi currently offers the following functionalities: 

3.1.1 Authentication (Verimi Access): This allows you to send your data to Verimi Partners or to log in to Verimi Partners using the Verimi button with the access data for your Verimi account. This allows you to use your Verimi account as a central login, to simplify the registration process with Verimi Partners or to import existing data to complete your Verimi account. With Verimi-Access you can also use your Verimi account with the corresponding app as a second security feature to authenticate yourself towards Verimi Partners. 

3.1.2 Identification (Verimi Ident): At Verimi you can store your verified identity (especially your identification data) in your Verimi account and transmit it to Verimi Partners. In this way you can fulfill your identification obligation towards the Verimi Partner without having to go through a new identification procedure. Please note that there are different levels of trust in the identification process, so that in individual cases it may be necessary to update or complete your verified identity. The data collected to update or complete your verified identity is stored in your Verimi account. 

3.1.3 Digital Signature (Verimi Sign): Verimi allows you to digitally sign documents in PDF format on the Verimi platform or at Verimi Partners with a qualified electronic signature (QES). In principle, you can even meet the written form requirement. 

3.1.4 Payment function (Verimi Pay): With Verimi you have the possibility to make payments to a Verimi Partner via Verimi. For details, please refer to our “Additional Conditions for Payments” below.

4. Availability

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

4.2 Verimi is entitled to temporarily prevent or restrict your use of the Services of Verimi or the 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 it.

5. Amendments to these terms of use or agreed additional terms

Verimi shall inform you in text form of amdendments 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 this period of time, this shall be regarded as consent to the amended terms of use 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 for 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, nor do they apply to 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 giving Verimi notice in text form. You can also terminate the user contract by deleting your Verimi account with us. If you delete your Verimi account, the user agreement between you and Verimi ends automatically. You are aware that Verimi stores your data for the fulfilment of legal obligations to keep records even after your Verimi account has been deleted. This applies in particular to the obligation to retain your data for at least 10 years for the purpose of identification for the creation of a qualified electronic signature. 

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

7.3 The right of extraordinary termination remains unaffected for both parties. 

7.4 In the event of termination of the user agreement, Verimi will delete your Verimi account at the end of the user agreement. From this time on, the use of the Services of Verimi and the Verimi platform is no longer possible. As far as data must be kept to comply with any legal storage or retention periods, they will be stored until the expiry of these periods. If data are still required for the processing of outstanding transactions, these data will be deleted at the earliest after the processing of these transactions.

8. Other

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, the validity, legality and enforceability of the other provisions of these terms of use shall not be affected. 

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 sole 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 German Money Laundering Act (Geldwäschegesetz), 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 requiredWhen 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 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 If you suspect that another person has committed an unauthorized crime. 

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

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

8.3 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.