Elevate ID Verify Merchant Terms of Service and Liability Disclaimer

Version: 2026-10-22
Effective date: October 22, 2026
Service provider: Elevate Brands Group [legal entity name to be confirmed before publication]
Product: Elevate ID Verify
Business address: [to be confirmed before publication]
Legal contact: [to be confirmed before publication]
Website: [to be confirmed before publication]

IMPORTANT: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND A BINDING ARBITRATION PROVISION WITH A CLASS AND REPRESENTATIVE ACTION WAIVER WHERE ENFORCEABLE. PLEASE READ THEM CAREFULLY.

Draft for legal review. The published agreement must identify the correct legal entity and reflect the actual Service, billing methods, privacy practices, and jurisdictions in which it is offered.

1. Agreement and Acceptance

These Merchant Terms of Service ("Terms") govern access to and use of Elevate ID Verify, including the mobile applications, the Shopify POS integration, the web dashboard, websites, scanning functionality, verification records, subscriptions, support, and related services (together, the "Service").

The Service is provided by Elevate Brands Group [legal entity name to be confirmed before publication] ("Provider," "we," "us," or "our"). "Merchant," "you," and "your" mean the business or organization that subscribes to or uses the Service.

By checking the acceptance box and selecting "I Agree," "Accept Terms," "Agree & Continue," or a similar control, the individual accepting confirms that:

  1. They have reviewed these Terms and the Privacy Policy.
  2. They understand that the Service has technical and legal limitations described in these Terms.
  3. They are at least 18 years old and have authority to bind the business to these Terms.
  4. The business will comply with all laws that apply to it.
  5. The business accepts the subscription terms presented during enrollment.
  6. The business accepts the warranty, liability, indemnification, and dispute-resolution provisions to the extent permitted by law.

If you are not authorized to bind the business, do not accept these Terms on its behalf.

You agree that electronic acceptance is a valid signature and that we may provide notices and records electronically. Access to commercial features may be conditioned on acceptance of the current version of these Terms.

These Terms govern business use of the Service. They do not create an agreement between Provider and the retail customers whose identification documents a Merchant chooses to check.

2. Definitions

3. What the Service Does and Does Not Do

Elevate ID Verify is a support tool. It helps Merchants read the barcode on supported identification documents, calculate whether the encoded date of birth meets the age requirement configured for a location, check the encoded expiration date, prompt employees to inspect the physical document, and keep records of those steps.

THE SERVICE IS NOT A GOVERNMENT IDENTIFICATION AUTHORITY, A LAW ENFORCEMENT SERVICE, A LEGAL ADVISER, OR A GUARANTOR OF REGULATORY COMPLIANCE.

Unless a feature is expressly identified in writing as a separately validated authenticity service, the Service does not authenticate identification documents. Results are stated as what they are: barcode decoded, age requirement met or not met, document expired or not expired, manual review needed, physical document inspected, and photograph compared by the employee.

The Merchant acknowledges that:

PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL DETECT EVERY FALSE, COUNTERFEIT, ALTERED, EXPIRED, STOLEN, OR FRAUDULENT IDENTIFICATION DOCUMENT.

The Service never offers an override that turns an "Age Requirement Not Met" result into an approval. Merchants must not describe barcode scanning to customers, regulators, or others as government-document authentication.

4. Merchant Responsibility for Legal Compliance

The Merchant is solely responsible for determining and complying with the laws, regulations, licenses, and identification requirements that apply to its business, products, locations, and transactions, including where applicable:

Minimum ages and other jurisdiction information shown in the Service are general operational information prepared from research. Some of it is marked preliminary because it has not been confirmed by legal counsel. The Service prevents configuring an age requirement below the minimum it has on file, but the Merchant must confirm that the configured requirement is correct for its products and location and must choose a higher requirement where its obligations call for one.

The Merchant remains responsible for every decision to approve, decline, or complete a transaction, including when the Service displays an automated result. Provider is not responsible for the Merchant's retail transactions, inventory, licensing status, or business operations. Nothing in these Terms excuses Provider from its own non-waivable legal obligations.

5. Required Human Inspection

Where required by law or by the Merchant's procedures, the Merchant's employees must physically inspect the identification document, decide whether it appears acceptable, and compare its photograph with the person presenting it. The Service records whether the employee confirmed each of these steps.

The Merchant must ensure that its employees do not:

Warnings, reminders, and confirmation controls in the Service do not replace legally required human judgment.

6. No Guarantee of Regulatory Compliance

Provider does not represent or warrant that use of the Service, alone or with any workflow, satisfies any federal, state, or local identification-checking requirement, or provides any legal defense. Laws and platform requirements change. Any legal or regulatory information in the Service, its documentation, or support communications is general information and not legal advice.

THE SERVICE DOES NOT GUARANTEE THAT A MERCHANT WILL AVOID FINES, PENALTIES, LICENSE SUSPENSION OR REVOCATION, ENFORCEMENT ACTIONS, CIVIL CLAIMS, OR OTHER CONSEQUENCES OF ITS BUSINESS OPERATIONS.

7. Accounts, Authorized Users, Store Devices, and Security

The Merchant is responsible for its account, its Authorized Users, its Store Devices, and everything done through them. The Merchant must:

Provider may require re-authentication for sensitive actions, limit sign-in attempts, and suspend sessions or devices to protect the Merchant or the Service.

8. Equipment, Software, Offline Use, and Limitations

The Service depends on third-party hardware, operating systems, internet connectivity, cloud infrastructure, barcode-decoding components, and integrations. Provider does not guarantee compatibility with every identification document, barcode format, phone, tablet, external scanner, or point-of-sale system. Each external scanner model should be tested with the sample IDs provided in the Service before use.

Age checks are calculated on the device so that results can be shown without an internet connection. Records created while offline are stored on the device and sent when a connection is available. Records may be delayed or lost if a device is lost, reset, or removed before it syncs; the Merchant should keep devices updated, charged, and connected.

The Merchant must keep a fallback procedure for when the Service cannot produce a usable result. No Merchant should complete a prohibited transaction because the scanner or the Service is unavailable.

9. Shopify POS, the App Store, and Other Third-Party Platforms

When the Merchant uses the Service with Shopify or another third-party platform, the integration is subject to that platform's capabilities, terms, and changes. The Merchant acknowledges that:

For Shopify installations, Provider is solely responsible for the Elevate ID Verify application, its functionality, support, data handling, and the liabilities attributable to Provider under applicable law. Shopify is not responsible for faults in this third-party application or for harm caused by its installation or use, except where Shopify expressly assumes responsibility, and Shopify cannot provide assistance with the installation or use of the application except where Shopify expressly says otherwise. Subscriptions purchased through the Shopify App Store are billed by Shopify under Shopify's terms. Nothing in these Terms reduces Provider's obligations to Shopify or under applicable law.

If the Merchant obtains an Elevate ID Verify mobile app from Apple's App Store, Apple's Licensed Application End User License Agreement also applies to use of the app, and Apple is not a party to these Terms and is not responsible for the Service or its support. The same applies to other app stores under their terms.

10. Data: What the Service Keeps, Who Controls It, and How It Is Protected

What is not stored by default. The Service reads barcode data in the device's memory to calculate a result. By default it does not store or send to Provider the identification number, name, address, full date of birth, barcode contents, or any image of the document. Verification Events contain only the information described in the Privacy Policy, such as outcome, coarse age band, expiration status, document type, issuing jurisdiction, location, device, employee, time, and inspection confirmations. Where Provider's jurisdiction settings call for it, Verification Events keep even less.

Customer Profiles. Customer Profiles are available only on plans that include them and only where the location's settings allow them. They are never created automatically from a scan and are not filled from barcode data. The Merchant is responsible for having a lawful basis, giving any required notice, and obtaining any required permission before creating, linking, keeping, or sharing a Customer Profile. A paid Plan does not authorize storing information that the law prohibits storing.

Ownership and use. As between the parties, the Merchant owns Merchant Data. The Merchant grants Provider a limited license to host, process, transmit, and display Merchant Data to provide, secure, support, and improve the Service, to comply with law, and as the Merchant instructs. Provider does not sell Merchant Data, does not use it for advertising, and does not use identification information for marketing, loyalty enrollment, or resale. Provider may create aggregated statistics that do not identify the Merchant, any person, or any document, to operate and improve the Service.

Roles. For personal information in Customer Profiles and Verification Events, the Merchant decides why and how it is processed, and Provider processes it on the Merchant's behalf as a service provider or processor. A Data Processing Agreement is available on request and, once signed, forms part of these Terms. The Merchant is responsible for responding to requests from its customers about their information; Provider will reasonably assist.

Security. Provider maintains reasonable administrative, technical, and physical safeguards appropriate to the information it processes, including encryption in transit and encryption at rest for Customer Profile fields. Provider will notify the Merchant of a security incident affecting Merchant Data without undue delay and as required by law.

Retention and deletion. Verification Events are kept for the retention period configured for the Merchant (24 months by default, adjustable within the limits the Service allows and the law requires). The Merchant can export available records while its account is active. After termination, Provider will delete or de-identify Merchant Data within 30 days, except data Provider must keep to comply with law, resolve disputes, or enforce these Terms, and except copies in backups that expire on their normal schedule. For Shopify installations, Provider deletes data in line with Shopify's requirements after the app is uninstalled.

11. Prohibited Uses

The Merchant must not use the Service to:

Provider may suspend access when reasonably necessary to address suspected unlawful use, a security incident, or a material breach of these Terms, subject to applicable law.

12. Verification and Employee History

Some Plans include searchable verification history, employee reporting, and Customer Profiles. These records reflect what was recorded through the Service and may be incomplete, for example when a device was offline, removed, or misconfigured. They are not conclusive proof of compliance, of a document's authenticity, or of a person's identity. A "completed check" means the age requirement was met and the employee confirmed the physical inspection and photo comparison; it does not mean the document was authentic. Provider may restrict features or shorten retention where the law requires.

13. Plans, Trials, Billing, and Cancellation

Plans. The Service offers free and paid Plans. The price, billing period, included features, limits, and renewal terms are shown before a paid Plan begins. At the effective date of this version the Plans are:

Paid Plans are sold to businesses for use by their personnel, not to consumers. "Unlimited" checks means standard barcode reading and age calculations performed on the device; separately priced services, if any, are excluded and will be labeled. On the Free Plan, results continue to display after the monthly limit is reached, but additional checks are not recorded until the next month or an upgrade.

Trial. Where offered, a 14-day Pro trial shows its start date, end date, the price after the trial, whether a payment method is required, and how to cancel before billing begins. If the trial is not converted, the account returns to the Free Plan.

Billing channels. Merchants who subscribe on the web are billed by Provider through its payment processor. Merchants who install through the Shopify App Store are billed by Shopify. The mobile apps do not sell subscriptions. Provider aims to prevent the same business from being charged twice for the same locations through different channels; if that happens, contact support and Provider will correct it.

Renewal and price changes. Paid monthly Plans renew monthly until canceled; no long-term commitment is required. Provider will give at least 30 days' notice of a price increase for an existing subscription, which takes effect at the next renewal after the notice period.

Taxes. Prices exclude taxes unless stated. The Merchant is responsible for applicable sales, use, and similar taxes, other than taxes on Provider's income.

Cancellation and refunds. The Merchant may cancel at any time in the billing screen or, for Shopify subscriptions, in Shopify. Cancellation stops future renewals; paid features remain available until the end of the paid period. Fees already charged are not refunded except where these Terms, the billing platform, or the law require. Provider does not charge cancellation fees.

Late or failed payment. If a payment fails and is not resolved after notice, Provider may move the account to the Free Plan or suspend paid features. Merchant Data is not deleted because of a downgrade, but features and limits of the Free Plan apply.

14. Provider's Intellectual Property and Feedback

Provider and its licensors own the Service, including its software, designs, documentation, and trademarks. Provider grants the Merchant a limited, non-exclusive, non-transferable right to use the Service during its subscription for its internal business purposes under these Terms. The Merchant must not copy, modify, reverse engineer, resell, sublicense, or create competing products from the Service, except as the law expressly allows. If the Merchant gives feedback, Provider may use it without obligation.

15. Confidentiality

Each party will protect the other's non-public information that it receives in connection with the Service with at least reasonable care, use it only to perform under these Terms, and disclose it only to people who need to know it and are bound by similar obligations, or where the law requires after notice when permitted. These obligations do not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from someone else.

16. No Professional Advice or Certification

Provider does not provide legal advice, legal opinions, regulatory certification, or government approval. Compliance-related guidance, reports, reminders, and recommendations are informational. The Merchant should consult qualified advisers. No support communication modifies this section.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR EXPRESS WARRANTIES THAT PROVIDER CANNOT LAWFULLY DISCLAIM, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

Provider disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement to the extent permitted by law. Provider does not warrant that the Service will be uninterrupted, error-free, compatible with every device or document, or able to detect every invalid document, or that it will produce any particular regulatory, financial, or legal outcome. These disclaimers do not remove non-waivable statutory protections.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, FINES OR PENALTIES IMPOSED ON THE MERCHANT, OR REPUTATIONAL HARM, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICE AND THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY THE MERCHANT TO PROVIDER FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations allocate commercial risk between the parties and are reflected in the price of the Service. They do not apply where the law prohibits them and do not limit liability for fraud, willful misconduct, or other liability that cannot lawfully be limited.

19. Indemnification

To the extent permitted by law, the Merchant will defend, indemnify, and hold harmless Provider and its officers, employees, and contractors from third-party claims, and the resulting losses, damages, fines, and reasonable legal fees, to the extent arising from:

  1. the Merchant's sale or distribution of age-restricted products;
  2. the Merchant's violation of law;
  3. the Merchant's misuse of the Service or breach of these Terms;
  4. false or unauthorized verification confirmations by the Merchant's personnel;
  5. the Merchant's collection, use, or disclosure of personal information, including Customer Profiles; or
  6. the Merchant's infringement of another party's rights.

This obligation does not apply to the extent a claim results from Provider's own wrongful acts or omissions. Provider will notify the Merchant promptly of a claim (a delay relieves the Merchant only to the extent it is prejudiced), let the Merchant control the defense with counsel reasonably acceptable to Provider, and reasonably cooperate at the Merchant's expense. The Merchant will not settle a claim in a way that admits fault by Provider or imposes obligations on Provider without Provider's written consent. Provider may participate with its own counsel at its own expense.

20. Merchant Personnel

The Merchant authorizes, trains, supervises, and manages the personnel who use its account and Store Devices, and is responsible for their compliance with these Terms and with its procedures. Actions taken through the Merchant's accounts and Store Devices are attributable to the Merchant to the extent permitted by law. Provider does not supervise the Merchant's personnel or make retail decisions on its behalf.

21. Availability, Support, and Changes to the Service

Provider may perform maintenance, deploy updates, and change features. The Service may be interrupted by network failures, devices, software defects, cloud providers, third-party services, or events beyond Provider's reasonable control. Provider will use commercially reasonable efforts to keep the Service available and to support it through [to be confirmed before publication] and the help pages. Provider does not offer a service-level commitment unless agreed in writing. If Provider materially reduces a paid feature during a paid period, the Merchant may cancel and receive a prorated refund of prepaid fees for the remainder of that period.

22. Suspension and Termination

The Merchant may stop using the Service and cancel at any time. Provider may suspend or terminate access where reasonably necessary to address unlawful activity, security threats, fraud, nonpayment, or a material breach, and will give notice when reasonably practicable. Provider may end the Free Plan or the Service as a whole with at least 30 days' notice. Termination does not remove fees already incurred. Sections 3, 6, 10 (retention and deletion), 14 through 20, 23, 24, and 26, and any other provisions that by their nature should survive, survive termination.

23. Dispute Resolution and Arbitration

THIS SECTION AFFECTS HOW DISPUTES ARE RESOLVED.

Before starting a formal proceeding, a party must send a written notice describing the dispute, and the parties will try in good faith to resolve it for 30 days, unless urgent relief is needed.

To the extent permitted by law, any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be decided by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Tarrant County, Texas, unless the parties agree to remote proceedings or another location or the law requires otherwise. The arbitrator may award any relief available under applicable law and these Terms. Fees are allocated under the applicable rules and mandatory law. Judgment on the award may be entered in any court with jurisdiction.

Claims within the jurisdiction of a small-claims court, requests for emergency or temporary injunctive relief to protect intellectual property or confidential information, and disputes that cannot lawfully be compelled to arbitration are excluded to the extent required by law.

TO THE EXTENT PERMITTED BY LAW, CLAIMS MUST BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable for a claim, that claim will proceed in court and not in arbitration.

Nothing in these Terms restricts a government agency's lawful regulatory or enforcement authority or removes rights that cannot be waived.

24. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules, except where controlling federal law or another jurisdiction's mandatory law applies. Any permitted court proceeding will be brought in the state or federal courts located in Tarrant County, Texas, and each party consents to their jurisdiction, unless the law requires otherwise.

25. Changes to These Terms

Provider may update these Terms to reflect changes in the Service, the law, or its business. Provider will give notice of material changes in the Service or by email at least 15 days before they take effect, except where a change is required sooner by law or for security. Where required, Provider will ask for renewed acceptance, and the Merchant may need to accept the updated Terms to keep using commercial features. Changes do not apply retroactively to disputes that arose before they took effect.

26. General

27. Contact

Elevate Brands Group [legal entity name to be confirmed before publication]
[to be confirmed before publication]
Legal: [to be confirmed before publication]
Support: [to be confirmed before publication]
Website: [to be confirmed before publication]

Required Acceptance Acknowledgment

Before using Elevate ID Verify, the Merchant's authorized representative must affirmatively confirm the following by checking a box that is unchecked by default, with working links to these Terms and the Privacy Policy shown before acceptance:

I confirm that I am authorized to act for this business. I have reviewed and agree to the Elevate ID Verify Terms of Service, including the warranty disclaimers, limitations of liability, indemnification requirements, and dispute-resolution provisions. I understand that ID scanning does not guarantee identification authenticity or regulatory compliance and that my business remains responsible for applicable legal requirements and transaction decisions.

End of draft. Requires attorney review before publication.