These Terms of Service govern your use of the Presence Tools platform and API, provided by Alpaka Ltd, a company incorporated in England and Wales under company number 10461680 whose registered office is at 6 The Leys, Northampton, NN2 6QZ ("Alpaka", "we", "us" or "our").
By creating an account, accessing the developer console, or making API calls, you ("Customer", "you" or "your") agree to be bound by these Terms. These Terms apply on a business-to-business basis. They do not apply to consumers.
"API" means the Presence Tools REST API and associated developer tooling made available at api.presence.tools.
"Console" means the web-based developer console at presence.tools/console.
"Customer Data" means all data submitted to or processed by the Services on your behalf, including identity records, location data, event configurations and session results.
"End User" means any person whose presence is verified through a session created by the Customer using the Services.
"Fees" means the charges payable for the Services, as set out in the applicable plan or order.
"Services" means the Presence Tools platform, API, Console, and related services operated by Alpaka.
"Session" means a presence verification event generated by the Customer through the API, through which an End User completes one or more challenges.
"UK GDPR" means the retained EU law version of the General Data Protection Regulation as it forms part of the law of England and Wales by virtue of section 3 of the European Union (Withdrawal) Act 2018, together with the Data Protection Act 2018.
You must register for an account to access the Services. You are responsible for keeping your credentials confidential and for all activity under your account.
Free sandbox access is provided as-is for evaluation and development purposes. Sandbox accounts are subject to quota limits and may be rate-limited or suspended without notice.
A paid subscription comes into effect when you select a paid plan in the Console or when Alpaka activates a commercial account following an order. Your plan determines your monthly API call quota, rate limits, and feature access.
Subject to these Terms and payment of applicable Fees, Alpaka grants you a limited, non-exclusive, non-transferable right to access and use the Services for your lawful internal business purposes during the term.
You must not use the Services to:
You are responsible for:
4.1 Fees are charged monthly based on your selected plan. Alpaka uses Stripe for payment processing. By subscribing to a paid plan, you authorise Alpaka to charge your payment method on a recurring monthly basis.
4.2 All Fees are exclusive of VAT and applicable taxes.
4.3 Alpaka may change plan pricing on at least 30 days' written notice. You may downgrade or cancel before the change takes effect.
4.4 API calls consumed within a billing period are non-refundable. Alpaka does not provide credits or refunds for unused quota.
4.5 If payment fails, Alpaka may suspend API access until payment is resolved.
5.1 Alpaka will provide the Services with reasonable skill and care.
5.2 Alpaka does not guarantee that the Services will be uninterrupted or error-free. You are responsible for assessing whether the Services meet your requirements.
5.3 Alpaka may carry out maintenance, updates and changes to the Services from time to time. Where practicable, advance notice of planned disruption will be given.
6.1 Alpaka and its licensors retain all rights in the Services, API, Console, documentation and related intellectual property.
6.2 You retain all rights in your Customer Data.
6.3 You grant Alpaka a limited right to host, process and use your Customer Data solely to provide, secure, operate and improve the Services and to comply with applicable law.
7.1 Alpaka operates a two-tier data model. Developer account data (your name, email, billing details, and API credentials) is processed by Alpaka as controller. End User data submitted through the API is processed by Alpaka as processor on your instructions as controller.
7.2 You warrant that you have all necessary rights, lawful bases and notices in place to submit End User personal data - including biometric data - to the Services, and to authorise Alpaka to process it on your behalf.
7.3 Alpaka processes End User data in accordance with its Privacy Policy and, where applicable, any data processing agreement between the parties.
7.4 Customer Data is hosted in AWS eu-west-1 (Dublin). Data retention periods are configurable per project within the Console.
8.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded.
8.2 Subject to clause 8.1, Alpaka shall have no liability for loss of profit, revenue, business, goodwill, anticipated savings, data, or any indirect, consequential or special loss.
8.3 Subject to clause 8.1, Alpaka's total aggregate liability shall not exceed the Fees paid by you in the three months immediately preceding the event giving rise to the claim.
9.1 These Terms apply from the date you create an account and continue until your account is closed or these Terms are terminated.
9.2 You may close your account and cancel any paid subscription at any time through the Console.
9.3 Alpaka may suspend or terminate your account immediately if you breach these Terms, if Fees are overdue, or where required for the security or integrity of the Services.
9.4 On termination, your API access ends immediately. Customer Data will be available for export for 30 days following termination, after which it may be deleted.
10.1 These Terms constitute the entire agreement between you and Alpaka regarding the Services and supersede all prior discussions and agreements relating to that subject matter.
10.2 Alpaka may update these Terms from time to time. Continued use of the Services after notice of a change constitutes acceptance of the updated Terms.
10.3 If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
10.4 These Terms and any non-contractual obligations arising in connection with them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
10.5 Notices may be sent to Alpaka by email to hello@presence.tools.