Terms of Service

1. Parties and service

These Terms of Service (the "Terms") govern access to and use of the AgeRail hosted age-verification service (the "Service") operated by Lalalu Marketing SL, with registered office at Travessera de Gràcia 73, 4-2, 08006 Barcelona, Spain (the "Provider", "we", "us").

The Service is a B2B technical product. A tenant redirects an end user to a Provider-hosted verification flow. The Provider estimates the end user's age from a selfie, checks liveness, and returns a signed result to the tenant. The age-estimation result is a probabilistic estimate made by automated models. It states whether the end user appears to be above the age threshold the tenant set, at the moment of the check. It can be wrong in either direction: it can pass a person under the threshold, and it can refuse a person over it.

The Service also offers an optional check using a photograph of a supported identity document (the "document check"). Where enabled for the Customer, the document check may be offered to an end user whose age estimate did not clear the threshold. It starts only with the end user's consent given in the verification flow. Declining it leaves the earlier result unchanged. The document check checks the document's date of birth and expiry and compares its photograph with the selfie from the same check. A passing result may rest on the date of birth read from the document instead of the age estimate. The Customer receives the same form of signed result in either case. The document check can be wrong in either direction: a forged, altered, expired, borrowed or another person's document may pass, and a genuine document belonging to the person presenting it may be refused or not read. The Provider does not confirm a document with its issuer or any official register. The information read from the document is not returned to the Customer.

The Service does not identify the end user. The signature shows that a result came from the Provider and was not changed; it does not show that the result is correct. What the tenant does with a result is the tenant's decision.

The Provider processes face images and the features derived from them, as well as document images and images derived from them, in memory, and does not write them to its own persistent storage. Images may be kept in memory for up to 24 hours for quality assurance, and may leave sooner when capacity is reached or the service restarts. They may be subject to human review for quality assurance and validation of verification results. The provider of the vision model may hold a request it flags, in the European Union, for abuse monitoring, for up to ninety days. The image review, that provider hold and the narrow operator-only calibration disclosures are described in the Privacy Policy and Data Processing Agreement.

By creating an account, accepting these Terms during onboarding, or using the Service, you agree to these Terms on behalf of the organisation you represent (the "Customer", "you").

2. Acceptable use and your responsibility

You must use the Service lawfully and remain solely responsible for meeting your own regulatory obligations. These Terms do not name, permit, or exclude any particular business vertical.

You must not misuse the Service, attempt to circumvent access controls, reverse-engineer the Service except to the extent non-waivable law allows, or use the Service in a way that harms the Provider, other customers, or end users.

You decide whether and how to use each result. You are responsible for the age threshold you set, for the age-assurance policy you apply to your products, content and end users, for deciding whether the Service, alone or with other measures, meets the law that applies to you in each market, and for what you tell your end users, partners and regulators about how you check age. You must not describe the Service to anyone as a guarantee, a certification, or a legal determination of age.

3. Availability

The Service is provided on a best-effort basis. We do not commit to any service-level agreement or minimum uptime. Planned maintenance, incidents, and third-party outages may interrupt availability without prior notice.

4. Prepaid credit and refunds

Access to billable verification capacity is prepaid. The Customer purchases credit in EUR through Stripe; each billable verification debits the Customer's prepaid balance according to the Customer's configured rate.

The document check is switched on from signup for accounts created after this version is published. For accounts created earlier, it remains switched off until the Customer switches it on. The Customer can switch it on or off at any time in its account settings.

Each verification in which the document check reaches an answer incurs a document-check fee in addition to the verification charge. An answer is a pass, a refusal because of the date of birth or the document's expiry, a refusal because the document's photograph does not match the selfie, or the end of the step after the end user has used all allowed tries without a pass. The fee is debited from the Customer's prepaid balance at the price published in the pricing section of the AgeRail website and shown beside the document-check switch in the account settings. No document-check fee is charged when the end user declines the document check, when the step ends because of a fault or limit on the Provider's side, or when the session expires before an answer.

Prepaid credit does not expire.

Refunds are not self-serve. Any refund is initiated by the operator and processed via Stripe. Prepaid credit carries no promised refundability beyond section 12 and non-waivable statutory rights.

5. Data Processing Agreement

The Data Processing Agreement available at /dpa is incorporated into these Terms by reference and binds you upon acceptance of these Terms.

6. Privacy

How we process personal data is described in the Privacy Policy at /privacy and, for processing we perform on your behalf as a processor, in the Data Processing Agreement.

7. Intellectual property

The Provider and its licensors retain all right, title, and interest in the Service, including software, branding, and documentation. These Terms grant the Customer a limited, non-exclusive, non-transferable right to use the Service for the Customer's internal business purposes for as long as the Customer maintains an account in good standing.

8. What we promise and what we do not

We will provide the Service with reasonable skill and care. Apart from that commitment and the obligations these Terms and the Data Processing Agreement expressly state, we give no warranty, condition or representation, express or implied, to the fullest extent the law allows.

In particular, we do not promise that: (a) any result is accurate or correct for a given end user; (b) the Service detects every end user under the threshold or every presentation attack; (c) the Service never refuses an end user over the threshold; (d) the Service meets the requirements of any law, regulator, code of practice or standard that applies to you; or (e) the Service is uninterrupted or free of errors (see section 3).

The Service is a technical age-estimation, liveness and document-checking tool. It is not a legal opinion, a compliance certification, or a guarantee that any particular end user is of a given age under applicable law. A result supports your access decision, including any automated decision you configure; it does not establish an end user's actual age. You rely on each result at your own risk and remain solely responsible for the age-assurance policies and controls you apply to your own products and end users.

9. Liability

To the fullest extent the law allows, the Provider is not liable, whether in contract, in tort (including negligence) or otherwise, for: (a) indirect, incidental, special, consequential or punitive loss; (b) loss of profits, revenue, business, goodwill or opportunity; (c) loss of or damage to data; (d) any fine, penalty or sanction that a regulator, court or public body imposes on you, or any settlement you agree with one, whether that loss is direct or indirect; (e) loss caused by an enforcement, blocking, takedown, delisting or payment-restriction order or measure against you or your services; (f) loss of traffic, users, listings or advertising; (g) the loss, suspension or refusal of a licence, registration or authorisation; or (h) the cost of your own investigations, audits, remediation or legal defence.

The Provider's total liability for all claims together arising out of or related to the Service or these Terms is limited to the greater of: (a) the fees the Customer actually paid to the Provider for the Service in the twelve months before the event that gave rise to the first claim; and (b) EUR 1,000.

Nothing in these Terms excludes or limits liability for wilful misconduct (dolo) or gross negligence, or any other liability that cannot be excluded or limited under applicable law. The rest of this section applies to the fullest extent the law allows.

10. Your indemnity

You will defend and indemnify the Provider against claims by third parties, and against fines or penalties imposed on the Provider, to the extent they arise from: (a) your use of the Service in breach of these Terms or of the law; (b) any other breach of these Terms by you; or (c) any statement you made about the Service that these Terms do not support, including a statement that the Service guarantees an end user's age or your compliance. This section does not apply to the extent the claim, fine or penalty arises from the Provider's own breach of these Terms or of the Data Processing Agreement, or from the Provider's wilful misconduct or gross negligence. For a third-party claim, the Provider will tell you about it promptly, let you control its defence, and not settle it without your consent, which you will not unreasonably withhold.

11. Suspension and termination

When the prepaid balance is exhausted, the Service declines to start new verifications until credit is topped up. The Provider may additionally suspend access when required by law or when the Customer materially breaches these Terms. Either party may terminate for convenience by closing the account or by written notice where the product surface provides that option. On termination, the Customer's right to use the Service ends, unused prepaid credit is handled under section 4, and provisions that by their nature should survive will survive.

12. Changes

We may update these Terms by publishing a new version on this page with a new version number and effective date. When a change reduces your rights or increases your obligations, we also email the contact address of your account at least 30 days before the effective date, unless the law or an urgent security need requires a shorter period. If you do not accept such a change, you may close your account before the effective date, and the operator refunds your unused prepaid credit through Stripe. Continued use of the Service after the effective date means you accept the revised Terms, except where non-waivable law requires a different process.

13. Governing language

These Terms are drafted in English, which is the governing language. Any translation is provided for convenience only; in the event of a conflict, the English version controls.

14. Governing law and courts

These Terms are governed by the laws of Spain. Where the law allows the parties to choose the court, the courts of Barcelona have exclusive jurisdiction over any dispute arising out of or relating to these Terms. Otherwise, the court that the law designates hears the dispute. This does not affect any non-waivable statutory right.

15. Contact

For questions about these Terms, contact privacy@agerail.com.

16. Earlier version

If you accepted version 1.1 of these Terms before this version was published, version 1.1 applies to you until the effective date shown at the top of this page, and this version applies from that date. However, if you are such a Customer and switch on the document check before that effective date, the provisions of this version concerning the document check, including its charge, apply to your use of the document check from the moment you switch it on. If you first accept these Terms after this version was published, this version applies from your acceptance. Version 1.1 is reproduced below.