Terms of Service

Terms and conditions for using the ShareKYC platform operated by Clanker GmbH.

Last updated: 2026-06-24

1. Scope and Definitions

These Terms of Service ("Terms") govern the use of the ShareKYC platform ("Service"), operated by Clanker GmbH, Gumpendorfer Straße 36/46, 1060 Vienna, Austria ("Provider", "we", "us"). By creating an account or using the Service, you ("Customer", "you") agree to these Terms.

"Service" refers to the ShareKYC web application and all associated features for securely storing, verifying, and sharing personal identity ("KYC") data, including KYC profiles, identity verification, the encrypted Secure Vault, secure share links, and KYC requests.

2. Account Registration

To use the Service, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and your personal Security Key, and for all activities under your account. You must notify us immediately of any unauthorized use. You must be at least 18 years old and have the legal capacity to enter into these Terms.

3. Service Description

ShareKYC provides:

• KYC profiles: Create and maintain profiles holding personal identity data (such as name, date and place of birth, nationality, address, national or personal ID numbers, and identity-document data) and upload supporting identity documents.
• Identity verification: Optional electronic identity verification performed through our integrated third-party provider SmartIdent, including document and biometric checks.
• Secure Vault: Sensitive profile data is stored encrypted in a Secure Vault that is unlocked with your password and personal Security Key. The Provider cannot read your vault contents without you unlocking it.
• Secure sharing: Share selected fields and documents from a profile with third parties via secure, expiring share links, with optional download permission and access-count limits.
• KYC requests: Organisations can send a KYC request to a person, who responds by submitting a selected profile (for example for client onboarding or anti-money-laundering checks).

The Service is a technical tool for managing and sharing identity data. It does not provide legal, compliance, or regulatory advice, and using it does not by itself satisfy any legal due-diligence obligation you may have.

4. Pricing, Payment, and Billing

4.1 Pricing

Current pricing is displayed on our website. We reserve the right to change prices with 30 days' prior notice. Changes do not affect already-paid billing periods.

4.2 Payment

Payments are processed through Stripe. By subscribing or using paid features, you agree to Stripe's terms of service. All prices are in EUR unless stated otherwise.

4.3 Billing Cycle

Subscriptions are charged per verified person/profile and billed in advance, monthly or yearly depending on the plan you select. Invoices are issued automatically via Stripe.

4.4 Taxes

All prices are exclusive of applicable taxes (VAT). Taxes are calculated and added based on your billing address.

4.5 Late Payment

Overdue invoices may result in suspension of the Service. We reserve the right to charge statutory default interest on overdue amounts.

5. Acceptable Use

You agree not to use the Service to:

• Upload, store, or share identity data or documents that you are not entitled to process or share.
• Impersonate any person or submit false, forged, or misleading identity information or documents.
• Engage in fraud, identity theft, or any illegal activity.
• Circumvent security measures or attempt unauthorized access to other users' data.
• Violate third-party intellectual property, privacy, or data-protection rights.
• Overload or interfere with the Service's infrastructure.
• Resell the Service without written authorization.

We reserve the right to suspend or terminate accounts that violate this policy without prior notice and without refund.

6. Availability and Maintenance

The Service is provided on a best-effort basis. We aim for high availability but do not guarantee uninterrupted access. Planned maintenance will be announced in advance where possible. We are not liable for downtime caused by:

• Scheduled or emergency maintenance.
• Third-party service outages (the identity-verification provider, payment provider, hosting and email providers, etc.).
• Force majeure events (natural disasters, government actions, etc.).
• Factors beyond our reasonable control.

7. Intellectual Property

All rights to the Service, including software, design, trademarks, and documentation, remain with the Provider. You receive a limited, non-exclusive, non-transferable right to use the Service for its intended purpose during the term of your subscription.

Customer data, including your KYC profiles and uploaded documents, remains the property of the Customer. By using the Service, you grant us a limited license to process your data solely for providing the Service.

8. Data Protection

We process personal data in accordance with our Privacy Policy and the EU General Data Protection Regulation (GDPR). By using the Service, you acknowledge our data processing practices as described in the Privacy Policy.

If you process personal data of third parties through the Service (for example when an organisation requests, receives, or stores another person's identity data), you are responsible for ensuring a valid legal basis for such processing and for complying with your own legal obligations.

9. Liability

9.1 Limitation

To the maximum extent permitted by applicable law, the Provider's total aggregate liability for all claims arising from or related to the Service shall not exceed the fees paid by you in the 12 months preceding the claim.

9.2 Exclusions

We are not liable for:

• Indirect, incidental, consequential, or punitive damages.
• Loss of profits, data, or business opportunities.
• Actions or omissions of third-party providers (the identity-verification provider, Stripe, hosting and email providers, etc.).
• The accuracy, authenticity, or completeness of identity data or documents provided by users.
• Compliance or onboarding decisions made based on the Service.

9.3 Exceptions

Nothing in these Terms excludes liability for intentional misconduct, gross negligence, or liability that cannot be limited by applicable law.

10. Term and Termination

10.1 Term

These Terms apply from account creation and remain in effect as long as you use the Service.

10.2 Termination by Customer

You may terminate your account at any time. Active subscriptions will continue until the end of the current billing period. No refunds for partial billing periods.

10.3 Termination by Provider

We may terminate or suspend your account with 30 days' notice or immediately if you violate these Terms.

10.4 Effects of Termination

Upon termination, your access to the Service ends. We will delete your data, including KYC profiles and uploaded documents, within 30 days unless longer retention is required by law. Active share links are revoked and can no longer be accessed.

11. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days in advance. Continued use of the Service after the effective date constitutes acceptance. If you disagree, you may terminate your account.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive jurisdiction for all disputes is the competent court in Vienna, Austria.

13. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

14. Contact

For questions about these Terms, contact us at: [email protected]