Legal
Incode Free Trial Terms
Last updated: April 21st, 2026
By clicking “Start Free Trial” (or similar “Continue” button), you are electronically accepting these terms on behalf of the entity you identified below (“Company”), effective as of the date you click (the “Effective Date”). This constitutes a legally binding agreement between the Company you represent and Incode Technologies, Inc. If you do not agree to these terms, do not proceed.
Trial Terms
By accepting these terms (the “Agreement”), you agree that these terms will govern your trial of Incode Technologies, Inc. and its Affiliates (“Incode”) Services, as further described herein, by Company as of the Effective Date. For the purposes of this Agreement, “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a Party, where “control” means the direct or indirect ownership of more than fifty percent (50%) of the voting securities or other ownership interests of an entity. Company and Incode, each a “Party”, and collectively, the “Parties”.
1. Access to Offering
Subject to all the terms of this Agreement, Incode grants Company the non-sublicensable, non-transferrable, nonexclusive, limited right to internally access and use Incode Omni, an end-to-end identity platform SaaS solution with orchestration capabilities, including: ID Verification (OCR), Face match & Liveness and Deepsight (deepfake detection), and any other available under the trial offering, for fraud prevention and identity verification purposes (the “Offering or Services”) — but only for Company’s internal trial and evaluation for purposes of determining whether or not Company wants to use the Offering from Incode on a commercial basis (the “Purpose”). Upon Company’s acceptance of this Agreement, Company will be automatically provisioned with sandbox access for trial and evaluation purposes. If any software code is made available by Incode (“Software”), Company will have a license to internally use the Software (in object code form only) solely for the Purpose. If any application programming interfaces (“APIs”) or software development kits (“SDKs”) are provided, they will only be used to help make Company’s own solution interoperable with the Offering. All use of the Offering by Company shall be strictly in accordance with and subject to Incode’s usage instructions provided or made available in writing or electronically.
2. Restrictions
Company will not (and will not allow any third party to): (i) export or reexport (within the meaning of U.S. or other export control laws or regulations) any technology related to the Offering and/or any technical, performance or Confidential Information or product thereof; (ii) reverse engineer, decompile or otherwise attempt to discover the source code for the Offering (provided that, such restriction will not apply to the extent prohibited by applicable law), (iii) modify or create derivatives of any part of the Offering, (iv) provide, lease, lend, or otherwise allow any third party to use the Offering (and Company will not use the Offering for the benefit of any third party), (v) copy or reproduce any part of the Offering, or (vi) use any part of the Offering to create any competing products or services. In addition, any output from the Offering will not be disclosed by Company to any Incode competitor. All the limitations and restrictions on Offering in this Agreement also apply to any Software, APIs, SDKs, documentation, and other materials made available by Incode.
3. Feedback
If Company supplies Incode with any suggestions for improvements to, or other feedback with respect to, the Offering (collectively, “Feedback”), Company grants Incode (and its successors and assigns) a perpetual, irrevocable, royalty-free, paid-up, sub-licensable, transferable, worldwide, right and license to use, display, reproduce, distribute and otherwise exploit Feedback for any purposes. Incode agrees that all Feedback is provided “AS IS”.
4. Data Processing
The Company acknowledges and agrees that Incode will process personal data provided by Company — including biometric data — for the sole purpose of providing/demonstrating the Offering under this Agreement. Incode and Company shall comply with all applicable data protection laws and regulations, including, e.g., EU/UK GDPR, CCPA and will implement appropriate technical and organizational measures to protect such personal data. With respect to certain Incode services, Incode is a “data controller” pursuant to the EU/UK GDPR. Company acknowledges that Incode may engage sub-processors and transfer personal data internationally as needed, provided that appropriate safeguards are in place. Company warrants that it has provided all necessary notices and obtained all applicable consents and authorizations from the applicable data subjects for Incode to process their personal data for all purposes of this Agreement. Company shall present Incode’s then-current privacy notice to end users prior to collecting any personal data in connection with the Offering. Upon conversion to a commercial agreement pursuant to Section 7, data processing obligations will be governed by the applicable data processing agreement executed between the Parties.
5. Confidentiality
All technical, financial or other information provided by a party (as “Discloser”) to the other party (as “Recipient”) and designated as confidential or proprietary (or similar designation) exchanged as part of their business, or that the Recipient should reasonably understand to be confidential or proprietary, (“Confidential Information”) shall be held in confidence and not disclosed or, except as expressly provided herein, used by Recipient. This obligation will not apply to information that is generally and freely publicly available through no fault of Recipient, or that Recipient otherwise rightfully obtains from third parties without restriction. All Software, APIs, SDKs, as well as any Offering performance metrics and the results of any benchmarking activities Company conducts in connection with the Offering, shall be Incode’s Confidential Information. The Parties acknowledge and agree that due to the unique nature of the Confidential Information, there may be no adequate remedy at law for any breach of their obligations under this clause, which breach may result in irreparable harm to the Discloser, and therefore, that upon any such breach or any threat thereof, the Discloser shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to whatever remedies it might have at law. The Recipient may make disclosures required by law or court order provided it uses diligent reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order and allows, if possible, the Discloser to participate in the proceeding. On termination of this Agreement, each party will promptly return to the other party (or, at such other party’s email request, delete or destroy) all of such other party’s Confidential Information. Each Party’s obligations with respect to Confidential Information it receives under this Agreement will survive termination of this Agreement for a period of five (5) years from receipt and will be binding upon such Party’s heirs, successors, and assigns.
6. Cost
Incode will supply the Offering for the defined trial term at no cost.
7. Term and Termination
This Agreement begins on the Effective Date and will las until the earlier of: (i) consumption of 100 sandbox verifications or (ii) fourteen (14) days from the Effective Date. At any time during the term, Company may elect to enter into a commercial agreement with Incode (including an Order Form, Master Services Agreement, and Data Processing Agreement, as applicable) (a “Commercial Agreement”). Upon execution of a Commercial Agreement, this Agreement will automatically terminate, and the Commercial Agreement will govern Company’s use of the Offering. Either party may terminate this Agreement on five (5) days’ written notice to the other party. Upon expiration or termination of this Agreement without conversion to a Commercial Agreement, (i) Incode will automatically deprovision Company’s sandbox access to the Offering, (ii) Company shall immediately cease all use of the Offering, and (iii) the Recipient will return to the Discloser or delete the Discloser’s Confidential Information (and, if requested, so certify the foregoing to Discloser in writing). Sections 2, 3, 5, 7, 9, 10, 11 and 12 will survive termination.
8. Indemnity
Incode will defend and indemnify Company from and against all third-party claims (and all resulting, to the extent payable to third parties: damages, costs and expenses, including reasonable attorneys’ fees) arising from allegations that the Offering infringes third-party intellectual property rights; provided that Company furnishes Incode with prompt written notice of all claims and threats thereof and grants Incode sole control of all defense and settlement activities. Company will defend and indemnify Incode from and against all third party claims (and all resulting, to the extent payable to third parties: damages, costs and expenses, including reasonable attorneys’ fees) arising from Company’s failure to provide all necessary notices or obtain all applicable consents and authorizations from data subjects for Incode to process their personal data as required under Section 4 above; provided that Incode furnishes Company with prompt written notice of all claims and threats thereof and grants Company sole control of all defense and settlement activities.
9. Warranties; Disclaimer
THE OFFERING (INCLUDING ALL SOFTWARE, APIs, AND SDKs) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND INCODE HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
10. Limitations on Liability
OTHER THAN EACH PARTY’S INDEMNITY OBLIGATIONS PURSUANT TO SECTION 8, AND COMPANY’S BREACH OF SECTION 2, NEITHER PARTY WILL BE LIABLE IN CONNECTION HEREWITH FOR ANY (I) INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, OR (II) AMOUNTS, IN THE AGGREGATE, IN EXCESS OF USD 1,000.
11. Force Majeure
Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, pandemic, riot, natural disaster, failure or diminishment of telecommunications, or refusal of a license by a government agency.
12. General
Neither this Agreement nor the access and use rights granted hereunder are assignable or transferable by Company; any attempt to do so shall be void. Any notice, report, approval or consent required or permitted hereunder shall be by email to the email address set forth above (as may be updated by either party on notice). If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be deemed to have been made in and shall be construed pursuant to the laws of the State of California, without regard to conflicts of laws provisions thereof. All disputes arising in connection herewith will be subject to the sole and exclusive jurisdiction of, and venue in, the state and Federal courts located in San Francisco, California. Any waivers or amendments shall be effective only if made in writing. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
Acceptance
The individual accepting this Agreement represents and warrants that, on the Effective Date, they are duly authorized to accept this Agreement on behalf of Company, and that Company agrees to be bound by all terms herein. No handwritten or electronic signature is required; the act of clicking constitutes valid electronic acceptance under applicable law.