Ultrapass® Terms of Use

Private Identity LLC

Effective Date: Sept 1, 2026

Welcome to the Ultrapass FIDO authenticator application (together with any Private Identity verification services accessed through it, the “App”), provided by Private Identity LLC (“Private Identity”, “we”, “our” or “us”). Please read these “Terms of Use” carefully before using the App so that you are aware of your legal rights and obligations with respect to Private Identity. By installing, accessing or using the App, you expressly acknowledge and agree that you are entering a legal agreement with us and agree to comply with, and be legally bound by, these Terms of Use, together with the Ultrapass Application Privacy Policy (the “Application Privacy Policy”) (collectively, the “Terms”). Use of our website at privateid.com remains governed by the Site Terms of Use and Site Privacy Policy posted there. If you do not agree to these Terms, do not install or use the App.

1. Definitions

“Passkey” means a FIDO2 / WebAuthn discoverable credential consisting of a cryptographic key pair created by the App.
“Relying Party” or “Organization” means an organization or online service that requests authentication or verification through the App, such as your employer, bank, healthcare provider, or an online platform.
“Verification Services” means the authentication, identity, age, liveness, document, and related verification workflows made available through the App.

2. Eligibility

You must be at least 13 years old to accept these Terms and use the App, unless your use occurs under the terms of, and with any consent required by, an Organization’s deployment and applicable law.

3. License Grant; App Stores

Subject to these Terms, Private Identity grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, solely for your personal or authorized organizational use. The App is licensed, not sold.

If you obtained the App through the Apple App Store or Google Play, your use is also subject to the applicable marketplace terms. For App Store downloads: these Terms are between you and Private Identity only, not Apple or Google; Apple/Google has no obligation to furnish maintenance or support or to address any claims (including product liability, legal compliance, or intellectual-property claims) relating to the App; Apple/Google is a third-party beneficiary of these Terms and may enforce them against you; and you represent that you are not located in a country subject to a U.S. Government embargo or designated a “terrorist supporting” country and are not on any U.S. Government list of prohibited or restricted parties.

4. The Service; Relying Parties

The App lets you create and use Passkeys for phishing-resistant sign-in and, where enabled by an Organization, complete Verification Services such as on-device face or voice verification, liveness checks, document verification, and age or policy checks. Verification outcomes are delivered to the Organization that requested them; the Organization, not Private Identity, decides what happens next in your relationship with it (for example, whether you may access an account or service).

Private Identity is not a party to your relationship with any Organization and does not guarantee that any particular Organization will accept the App, complete a verification, or grant you access. Feature availability depends on the website, app, or organization you use with the App.

5. Biometric Enrollment; Your Responsibilities

You may enroll only your own biometrics. You must not enroll, or attempt to verify as, any other person, and you must not present photographs, recordings, masks, synthetic media, or any other artifact in place of a live person.
Consent at the point of use. Camera, microphone, and other device capabilities are used only when you start a workflow that needs them, and biometric processing occurs only with your consent as described in the Application Privacy Policy.
Withdrawal. You may withdraw biometric consent at any time by deleting your enrollment in the App or uninstalling the App; doing so disables workflows that require it.
Accuracy and device security. You are responsible for the accuracy of information you provide, for maintaining the security of your device, and for keeping your backup PIN confidential.

6. Intellectual Property Rights

The App, including, without limitation, all software, models, content, and documentation, is owned by Private Identity and its licensors and is protected by intellectual-property laws. Ultrapass®, Private Identity® and PrivateID® are trademarks of Private Identity LLC. Except for the license expressly granted in Section 3, no rights are granted to you. If you provide feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you.

7. Privacy; On-Device Biometrics

Our collection and use of Personal Data in connection with the App is described in the Application Privacy Policy, which is incorporated into these Terms. In summary: biometric matching is always performed on your device; your protected, irreversible biometric templates and embeddings never leave your device; and images leave your device in only two consent-gated cases — identity-document images for document verification, and, in the EU/EEA/UK, images transmitted for human review if you contest an automated decision. You should review the Application Privacy Policy before enrolling.

8. Automated Processing; Human Review (EU/EEA/UK)

Verification outcomes in the App are produced by automated means. If you are in the EU/EEA/UK and an automated decision produces legal or similarly significant effects for you, you may request human intervention, express your point of view, and contest the decision as described in Section D.2 of the Application Privacy Policy. Outside those jurisdictions, contact the Organization that requested the verification regarding any review it offers.

9. Prohibited Uses; Security Testing

Do not use the App for any unlawful purpose, to impersonate any person, to verify a person without lawful authority and any required consent, or to make eligibility decisions prohibited by applicable law.
Do not circumvent, disable, probe, or defeat the App’s liveness, presentation-attack-detection, attestation, or other security controls, or attempt presentation or injection attacks against them.
Do not copy, modify, distribute, sell, lease, reverse engineer, decompile, or disassemble the App or extract models or source code, except to the extent such restriction is prohibited by applicable law.

Good-faith security research is welcome through our Responsible Disclosure Policy at privateid.com/responsible-disclosure, which governs authorized testing and reporting.

10. Warranty Disclaimers

THE APP AND VERIFICATION SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PRIVATE IDENTITY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY ORGANIZATION WILL ACCEPT OR ACT ON ANY VERIFICATION, OR THAT ANY BIOMETRIC OR AUTOMATED SYSTEM IS FREE FROM ERROR; NO BIOMETRIC SYSTEM IS. BETA OR PRE-RELEASE VERSIONS OF THE APP MAY CONTAIN DEFECTS AND MAY BE CHANGED OR DISCONTINUED AT ANY TIME.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRIVATE IDENTITY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, AND PRIVATE IDENTITY’S AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO PRIVATE IDENTITY FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM AND ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnity

You agree to defend, indemnify and hold harmless Private Identity and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with your violation of these Terms, your misuse of the App, or your violation of applicable law or the rights of any third party, including, without limitation, enrolling or attempting to verify a person other than yourself.

13. Term and Termination

Private Identity, in our sole discretion, has the right to terminate the Terms and/or your access to the App, or any part thereof, immediately at any time and with or without cause (including, without limitation, for a breach of the Terms). You may terminate the Terms at any time by deleting your enrollments and uninstalling the App, which removes the App’s data from your device. Neither party shall be liable to the other or any third party for termination. Sections 6 (Intellectual Property Rights), 7 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), 13 (Term and Termination), 14 (Independent Contractors), 15 (Geographic Restrictions; Export), 16 (Assignment), 17 (Notice), 13 (Applicable Law; Disputes; Arbitration), 19 (Limitation on Time to File Claims) and 20 (General) shall survive termination or expiration of these Terms.

14. Independent Contractors

The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and Private Identity, or between Private Identity and any Organization with respect to your use of the App.

15. Geographic Restrictions; Export Compliance

The App is controlled and operated from our offices in the United States, and we make no representation that the App is appropriate or available in all locations. The App, including its cryptographic functionality, is subject to U.S. export control and sanctions laws, including, without limitation, the Export Administration Regulations. You represent that you are not located in, and will not use or export the App to, any embargoed jurisdiction, and that you are not a prohibited or restricted party under U.S. law, and you agree to comply with all applicable export and sanctions laws.

16. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent, and any attempted assignment in violation of the foregoing is void. We may assign these Terms without restriction.

17. Notice

We may provide notices to you within the App, by posting on our Site, or by other reasonable means. Notices to Private Identity should be sent to compliance@privateid.com.

13. Applicable Law; Disputes; Arbitration

These Terms are governed by the same law, dispute-resolution procedure, arbitration provisions, and class-action waiver as the Site Terms of Use posted at privateid.com/terms-of-use, which are incorporated here by reference and apply to the App mutatis mutandis.

19. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

20. General

These Terms, together with the Application Privacy Policy and any terms incorporated by reference, constitute the entire agreement between you and Private Identity regarding the App and supersede all prior agreements regarding the App. If any provision is held invalid, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. Section headings are for convenience only.