Terms of Service

Version:

10.1.0

Last updated:

September 18, 2025

THESE TERMS CONTAIN A MUTUAL ARBITRATION PROVISION, JURY TRIAL WAIVER, AND CLASS-ACTION WAIVER (SEE SECTION 20), WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH ID.ME. YOU MAY OPT OUT OF THE ARBITRATION PROVISION, JURY TRIAL WAIVER, AND CLASS-ACTION WAIVER WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS (SEE SECTION 20.3).

In the event of any discrepancy between a non-English version of these Terms of Service and the English version of these Terms of Service, the English version (available at https://www.id.me/terms) shall prevail in all respects.

Welcome to the ID.me, LLC (“ID.me” or “we” or “us”) service hosted at www.ID.me and other affiliated websites and mobile phone applications (collectively, the “Service”). These Terms of Service (these “Terms”) and other referenced policies explain:

how ID.me provides its online service to you, as a user, when you apply and qualify for an ID.me wallet;
the terms and conditions under which we provide the ID.me Service; and
the terms and conditions for using our website at www.ID.me, the ID.me mobile application, or elements of ID.me’s technology platform (such as group affiliation widgets present on its client’s websites) (collectively, the “Website”).

1. Your Agreement to these Terms

Provision of the Service and your acceptance of all applicable terms and conditions, policies, and all other obligations upon you, will be governed by Delaware law and controlling U.S. Federal law, or where indicated, other applicable international laws. Nothing in these Terms waives rights that applicable law does not permit you to waive.

SEE SECTION 20 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER WITHIN 30 DAYS OF ACCEPTANCE OF THESE TERMS (SEE SECTION 20.3).

Please read these Terms carefully. selecting “I agree” or taking another affirmative action clearly identified as acceptance when these Terms are presented to you, you agree to these Terms and the Credential Policy made available to you at that time. Our separate Privacy Policy, Biometric Data Privacy Policy, and Credential Policy, and other policies that ID.me may from time to time issue explain our information practices.

Acceptance of these Terms does not replace any separate notice, consent, or authorization required by law for collecting, using, or sharing information. Additional terms for an optional feature apply only when presented to you and accepted as required by law. If you do not agree to these Terms, do not create an wallet or use the Service. Merely browsing the Website does not constitute acceptance of these Terms.

Minimum Age Requirements: You must be at least 14 years old to create an ID.me wallet or use the Service. Individuals aged 14–17 and individuals age 18 or older may use the Service, subject to applicable law and any age requirements for a particular feature or Relying Party. The Service is not intended for children under 14. You must provide your correct date of birth and must not misrepresent your age. If you believe a child under 14 has a wallet, contact support@id.me. We will investigate, restrict or close an ineligible wallet, and handle the associated information as required by applicable law and our separate privacy policies.

Users aged 14–17. You may create and use your own wallet for age-eligible features. Review these Terms with a parent or legal guardian. Where applicable law or a particular feature requires permission or authorization from your parent or legal guardian, we will require that permission or authorization before providing the affected feature. An authorized parent, guardian, or other helper may assist you through an ID.me-approved process, but may not impersonate you, use your credential as their own, or share your information without the authorization required by law. Permission or assistance does not make the helper the wallet owner, automatically give the helper access to your wallet or information, or make the helper personally liable under these Terms.

Contractual capacity. Nothing in these Terms requires a minor to waive a right to disaffirm a contract or any other protection provided by applicable law. If you joined before age 18, we will ask you to affirmatively accept the then-current Terms for continued use after you turn 18 and have legal capacity to enter the agreement under applicable law. This acceptance applies prospectively and does not waive rights or claims arising from events before that acceptance. Section 20 explains the additional age limits on arbitration and the class action waiver.
We may modify these Terms from time to time. When we do, we will post the revised Terms on this page and update the “Last Updated” date above.

If we make a material change to these Terms, we will provide you with reasonable advance notice before the change becomes effective, such as by email to the address associated with your wallet, through the Service (for example by notice on our home page), or by another reasonable means. The notice will identify the effective date of the revised Terms and, where appropriate, summarize the material changes.

Unless we expressly state otherwise, your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you may stop using the Service and close your wallet before the revised Terms become effective.

Changes to these Terms will not apply to any Dispute (as defined in Section 20) for which a Notice of Dispute was sent, or for which an arbitration or court proceeding was commenced, before the effective date of the change. Any valid opt-out of the Opt-Out Provisions (Section 20.3) that you previously submitted will remain in effect through updated versions of the Terms.

2. Service Definition

The Service we Provide. The ID.me Service provides users with a simple and secure way to remotely verify their identities and affiliations (e.g., veterans, first responders, and members of other designated groups) once, and then share their identity and associated attributes at their discretion with parties that rely on these verifications. ID.me protects a user’s identity while simultaneously providing a level of assurance to businesses and government agencies (each a “Relying Party”) that the user’s identity, and attributes associated with that identity, are verified, based upon widely-recognized standards. The assurance provided by the Service allows both the user and the Relying Party to confidently complete transactions in a secure digital environment. In addition, ID.me provides its registered users (“Members”) with access to certain exclusive benefits, including without limitation, deals, discounts, cash back rebates and employment and educational opportunities, offered by participating retailers, service providers, employers, benefits administrators, and municipal, state and federal government agencies. Additional benefits and discounts may be offered to eligible parties, including our nation’s veterans, first responders, and members of other designated groups. To verify your identity, affiliations, or other attributes relevant to whether you qualify to receive these discounts and benefits, you will be required to provide us with certain personally identifiable information as described in our Privacy Policy. By providing us with this information, you understand, agree, and authorize us to use such information to verify your eligibility, which shall include, but not be limited to, sharing such information with (i) certain third party entities who are capable of helping us verify your identity or affiliations, (ii) Relying Parties that wish to offer certain access privileges to you upon the receipt of your explicit consent, and (iii) otherwise as detailed in our Privacy Policy. Before ID.me provides a third party with your information, you will be asked to authorize this release. This process is further described in our Privacy Policy. You may revoke subsequent access to this information by ID.me or by any Relying Party at any time by accessing your wallet settings. Revocation stops future sharing under that authorization; it does not recall information already provided or itself require a Relying Party to delete information it lawfully retains. Other disclosures, including disclosures to service providers that assist ID.me, are addressed in our separate privacy policies and applicable law.

Your relationship with ID.me is direct. ID.me independently provides the Service to you and maintains your reusable wallet and credential, subject to these Terms. A Relying Party separately decides whether to accept a verification and whether you qualify for its products, services, discounts, employment, or government benefits. Verification does not guarantee approval, eligibility, or access. The Relying Party’s terms and lawful age restrictions govern its own offering. Contact the Relying Party about its eligibility decision or available alternative access methods, and contact ID.me about an error in the verification process.

ID.me also offers a service that allows its Members to earn cash back on qualifying online purchases made on the websites of participating retailers, service providers, employers or benefits administrators (the “Merchant Partners”) through its cash back rebates program (the “Cash Back Loyalty Program”). ID.me is not responsible for the products or services offered by our Merchant Partners. ID.me is responsible only for establishing and maintaining your wallet based upon the information you provide, posting the purchase information provided by the Merchant Partners and compensating registered Members who request payment of Cash Back Rebates.

Prior to using the ID.me Service, you must indicate that you understand and agree to be bound by these Terms. From time to time, (e.g., when we are validating your ID.me wallet, when we are re-confirming or re-validating the information in your wallet, and/or when you are renewing your registration with ID.me or its Service), we may, request that you reaffirm your understanding and agreement to be bound by these Terms.

How do we do this? ID.me maintains an wallet for you that contains your identity and group affiliation information. Before you can use features that require identity or affiliation verification, ID.me must use your wallet, ID.me must first verify your identity through a process called identity proofing. As part of the identity proofing process, we will request the information needed for the specific verification, which may include various forms of information such as your name, date of birth, social security number, driver’s license number, passport number, street address, email address, telephone number, financial account number and other personal information. The extent of the information needed is determined by the ‘strength’ of the validation process you choose or need from our service.

ID.me provides both ‘Unsupervised’ identity proofing, where you can sign-up online from a personal computer or mobile device, and a ‘Supervised (in-person)’ identity proofing, where you can present yourself and your identity evidence to an individual also known as a “Trusted Referee” who is authorized to review your information and help you through the process of validating your information. If we have problems with the identity proofing process, we may ask for further information to help us establish your identity and, in some cases, we may refer Unsupervised applicants to a Trusted Referee, so that they may complete the process in-person. When we review your forms of identity evidence we may use special technologies to validate the documents you submit, and we may also use third parties recognized as authoritative sources (such as DMVs or credit bureaus) to corroborate the evidence. In addition, to make it easier for you to enter your address, ID.me uses Google Maps APIs. By using the ID.me Service, you are agreeing that you are bound to the Google Terms of Service and Google Privacy Policy. ID.me’s Credential Policy gives further details of how we accomplish our identity proofing. In addition, ID.me’s Privacy Policy gives you details of how we protect the personal information you provide to us. Once we have completed our verifications, we will validate your ID.me wallet you will be able to use your ID.me wallet to provide a level of “proof” or assurance to another party of your identity or affiliation without having to provide these other parties with the more extensive information that you have provided ID.me for the identity proofing process. Sharing with a Relying Party at your direction is subject to your authorization as described above. Other disclosures are governed by applicable law and our separate privacy policies.

Your Obligations. By using the ID.me Service, you expressly agree that:

your identity, as established by the information and documents that you submit, matches the identity you claim while using the ID.me Service;
all information provided by you is complete and correct;
you are affiliated with the groups that you attach to your ID.me wallet; and
any product discounts, cash rebates, deals, employment and educational opportunities (collectively, “Discounts”) are intended for the Member’s personal use. Reselling, transferring, or exporting any discounted products and/or Discounts for the Member’s financial gain is strictly prohibited.

Please note that Members may only use their ID.me wallet to verify their own identity, and any use by a party other than the Member, to verify the Member's identity or to receive any benefits or Discounts, will be considered a material misrepresentation. ID.me, in its sole discretion, may immediately revoke a Member’s ID.me wallet upon learning of a violation of any terms contained herein, including, but not limited to, inappropriate use of a Member’s ID.me wallet, and reserves the right to seek all other available remedies, in law or in equity. Assistance through an ID.me-approved process, including permitted assistance for a minor or a person with a disability, is not prohibited. ID.me may suspend or terminate an wallet for misuse as described in Section 5 and may seek remedies available under applicable law.

You authorize your wireless carrier to use or disclose information about your wallet and your wireless device, if available, to ID.me or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy to see how we treat your data.

3. General Provisions

Any unauthorized use of the ID.me Service or access to this Website, including without limitation unauthorized commercial exploitation, for any commercial or competitive purpose, is strictly prohibited and may result in suspension or termination of your wallet. In addition, you must NOT:

Falsely claim an identity other than your own or one you are establishing on behalf of another person with their specific authority or impersonate another person, or submit falsified, altered, or synthetic identity evidence;

Falsely claim that you are associated with a particular group;

Falsely claim that you possess or use a validated wallet;

Falsely claim to be a service member, a veteran or an immediate family member of a service member or veteran;

Falsely claim that you are associated with another person or entity;

Collect information about ID.me, the Website or users of the Website without ID.me’s written consent;

Modify, frame, render (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Website, without ID.me’s written consent;

Use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;

Disguise the origin of information transmitted to, from, or through the Website;

Circumvent any measures implemented by ID.me aimed at preventing violations of the Terms of Service.

These restrictions do not prohibit accessibility tools, assistance approved by ID.me, activities expressly authorized by ID.me’s published security research program, or conduct that applicable law does not permit us to restrict. You may not use automated tools to impersonate a person or bypass verification or security controls.

Conduct described above may violate these Terms and may also violate applicable law, including the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, where its legal requirements are met. A violation of these Terms does not, by itself, establish a criminal offense.

4. Use of Website Content

All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by ID.me or by respective third-party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of ID.me and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of ID.me and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without ID.me’s prior express written permission. Except where expressly provided otherwise by ID.me, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of ID.me’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by ID.me. ID.me does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by ID.me. Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your wallet information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your wallet or password. Your responsibility for wallet activity is subject to Section 17. You may save or print these Terms, notices, and information provided to you for your personal records, and nothing in this section restricts uses permitted by applicable law.

5. Termination

Termination of Your Wallet.

You may close your wallet through your wallet settings or by contacting Member Support. We may suspend, restrict, or terminate your wallet when we reasonably believe that you materially violated these Terms, that the wallet is fraudulent or compromised, that we cannot complete a required verification, that you do not meet applicable age or other eligibility requirements, or that continued access would violate law or create a material security risk. We will provide notice and an opportunity to seek review through Member Support when reasonably practicable. We may act immediately, and limit the information we disclose, where needed to protect security, prevent fraud, or comply with law. We may also discontinue an wallet or feature for other legitimate operational reasons on reasonable advance notice, unless advance notice is impracticable. We will handle personal information under applicable law and our separate privacy policies. You remain responsible only for lawful obligations validly incurred before termination, subject to protections for minors and other nonwaivable rights. Sections 7 and 12 survive to the extent needed for lawful retention or permitted uses stated in those sections. Sections 10, 16, and 20will survive any suspension, revocation or termination. Sections 15, 20 and 21 survive only to the extent applicable and enforceable. Survival does not override the age exception, a valid opt-out, or a right of disaffirmance.

Closing or losing access to your ID.me wallet may affect your ability to sign in to a Relying Party through ID.me. It does not itself decide your entitlement to that party’s products or benefits. Contact the Relying Party about other ways to access its services. Wallet closure does not by itself erase information that applicable law permits or requires ID.me or a Relying Party to retain, and does not forfeit any payment lawfully owed to you.

Termination of ID.me’s Service. In the unlikely event that ID.me terminates the overall provision of its service, ID.me will protect and/or destroy your Personally Identifiable Information in accordance with our Privacy Policy.

6. Links to third party sites

The ID.me Service may provide and the Website may contain links or have references to websites controlled by parties other than ID.me. ID.me is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Moreover, these third-party websites are governed by their own terms of use and privacy policies, which we encourage you to review. ID.me is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ID.me of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by ID.me. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

Your wallet may be validated by using a third-party authentication method from a third-party app or site. You understand that the third-party app or site that you allow to authenticate you, has its own terms of service and privacy policy that would apply to your use of such app or site. In the event that you use a third-party authentication method, you represent that you are and have authorized access to the third-party account and are bound by the terms and conditions of that third party.

7. Submissions

Except where expressly provided otherwise by ID.me, all comments, feedback, information and data submitted to ID.me through, in association with or in regard to the Service, Website, and/or any other ID.me goods or services (“Submissions”) shall be considered non-confidential and ID.me’s property. This may not include copyright ownership of images which you may upload but does include an express license to use said images in any method ID.me sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to ID.me, you agree to assign to ID.me, as consideration in exchange for the use of the Service and Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant ID.me these rights. ID.me shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not ID.me, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

You will not post any Submission, public content, or Feedback that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) otherwise harms or can reasonably be expected to harm any person or entity; or (e) is otherwise unlawful. This restriction does not prohibit truthful criticism, lawful reviews, or good-faith complaints..

ID.me reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission that violates these Terms of Service and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Service and/or protect the safety or security of any person or property. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law.. You may not upload another person’s image or identity evidence unless an ID.me-approved process permits it and you have the authorization required by law. Wallet restrictions and termination are governed by Section 5. Nothing in these Terms restricts lawful reviews, protected reporting, or communications with government authorities.

8. Cash Back

ID.me’s Cash Back Loyalty Program offers a platform for its Members to earn money in the forms of automatic rebates (“Cash Back Rebates”), which are separate and apart from, and in addition to, any other discounts available through ID.me’s Service. The specific terms related to the Cash Back Loyalty Program can be found here and will be presented before you enroll. Participation is subject to the program’s eligibility and age requirements, any required authorization, and applicable law. Eligibility for an ID.me wallet does not automatically establish eligibility for cash back or any Merchant Partner offering.

9. Fees

ID.me does not charge members any fees for registering and/or using the Service or Website.

10. Limitation of liability

In no event shall ID.me be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, Content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the Website or the ID.me Service, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from whom damages are being sought has been previously advised of the possibility of such damages. This paragraph shall not affect the rights listed below in the section titled “Indemnities”. To the extent allowed by law, in no event shall the aggregate liability of ID.me exceed $1,000.00.

11. Licenses from ID.me

You are being granted a limited, non-exclusive, non-transferable license to access and use the Service for your own lawful purposes in accordance with these Terms, subject to suspension or termination under Section 5. All rights not granted to you in the Terms of Service are expressly reserved by us.

12. Licenses from you

You grant to ID.me and service providers acting for ID.me a non-exclusive, worldwide, limited license to use, copy, process, transmit, and display the materials you submit to provide, secure, and maintain the Service, verify identity and attributes, prevent fraud, complete sharing you authorize, improve the ID.me Service and platform, and comply with applicable law. Notwithstanding the foregoing, ID.me’s obligations regarding identification and other information concerning your personal information shall at all times be governed by the terms of the Credential Policy and its Privacy Policy. Following wallet closure, the license continues only for uses and retention permitted by those requirements.

13. Electronic communications

We may provide ordinary wallet and Service communications electronically through your wallet or the email address you provide. If applicable law requires a separate consent or specific disclosures before we provide a legally required written record electronically, we will obtain that consent and provide those disclosures before relying on electronic delivery. These Terms do not provide consent to marketing calls or text messages. Any such consent will be requested separately when required, and you may manage communications preferences through the available settings or Member Support.

14. Representations and warranties

Each party represents and warrants that it has the power and authority to enter into these Terms, subject to the age and capacity provisions in Section 1. ID.me warrants that it will provide the Website and the ID.me Service in a manner consistent with these Terms and applicable law, and in accordance with its business practices, as ID.me, in its sole and absolute discretion, deems fit. You represent and warrant that any information you provide in connection with the ID.me Service is accurate and current and that you have the right to provide such information. Promptly correct inaccurate wallet information or contact Member Support for assistance.

15. Disclaimer of warranties

Except where expressly provided otherwise by ID.me, the ID.me Service and the Website are provided “as is” and “as available.” Except for the express warranties set forth herein, ID.me hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the ID.me Service and Website including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement. These disclaimers apply only to the extent permitted by applicable law and do not limit the exceptions in Section 10 or ID.me’s express commitments under these Terms. Except to the extent that such disclaimers are held to be legally invalid. ID.me makes no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Website, ID.me Service, materials associated therewith, or the results you may obtain by accessing or using the Website, the ID.me Service or materials associated therewith. Without limiting the generality of the foregoing, ID.me does not represent or warrant that (a) the operation or use of the Website, ID.me Service or materials will be timely, secure, uninterrupted or error-free. You acknowledge that ID.me does not control all communications facilities, including the internet, and that the Website and ID.me Service may be subject to limitations, delays, interception and other problems inherent in the use of such communications facilities. Subject to Section 10 and applicable law, ID.me is not responsible for problems caused by communications facilities outside its reasonable control. This does not excuse ID.me’s own security obligations or responsibility for its own conduct.

16. Indemnities

If you are at least 18 and have legal capacity to assume this obligation, you agree to indemnify and hold ID.me harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim by a third party related to your use of the Website and the ID.me Service. This obligation does not cover ID.me’s negligence or misconduct, a good-faith dispute you bring against ID.me, or claims based on your conduct before you had the required age and capacity.

17. Your responsibilities

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website and ID.me Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which ID.me controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. You are responsible for maintaining accurate wallet information at all times, including valid email address information. Use reasonable care to safeguard your password, multifactor authentication methods, recovery codes, and other credentials. Do not share credentials or approve a sign-in or sharing request you did not initiate. Notify Member Support promptly if you suspect unauthorized access. Subject to applicable law, ID.me may reasonably rely on authenticated instructions and may require additional verification before acting. Disclosures of wallet information are governed by applicable law, your required authorizations, and our separate privacy policies. You are responsible for keeping your email address, passwords, account numbers, and other account information confidential. ID.me is entitled to act on instructions received under your username and password. ID.me is not responsible for any credits or debits made to your wallet by someone else who uses your password. ID.me will not be responsible for any losses or liabilities incurred through the use of your password by a third party. You authorize ID.me to disclose to third parties, information you have provided, or information that ID.me has obtained about your ID.me wallet, as further set forth in our Privacy Policy.

18. Notices

We may provide ordinary notices through your wallet, by email to the address associated with your wallet, or by mail to your address on record. Material changes to these Terms are governed by Section 1. You may contact Member Support at help.id.me or send legal notices by mail to ID.me, Inc., 8280 Greensboro Drive, Suite 800, McLean, VA 22102. Notices of Dispute and arbitration opt-outs are governed by the specific procedures in Section 20. We will not treat a required notice as delivered merely because it was posted on the Website where applicable law requires direct notice or another method of delivery. Notices concerning information practices are addressed in the separate privacy policies and applicable law.

All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website. ID.me may make a material change to the Service that affects the prior or ongoing collection, use, dissemination or maintenance of a user’s personal information, and will notify you of these changes as set forth in our Privacy Policy.

19. Copyright protection

ID.me complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to ID.me, Inc.’s designated agent via email at copyright@id.me or via registered US mail sent return receipt to: DMCA Compliance Agent, ID.me, Inc., 8280 Greensboro Drive Suite 800, McLean, VA 22102.

20. Resolution of Disputes / Arbitration / Class Action Waiver

PLEASE CAREFULLY READ THIS SECTION AS IT IMPACTS YOUR RIGHTS AND ABILITY TO SUBMIT A DISPUTE TO ID.ME.

20.1. General. This Section 20 supersedes all prior versions, except that it does not affect any valid opt-out you previously submitted or any Dispute pending on the date these Terms take effect. You and ID.me agree to resolve all Disputes by following the process outlined below. The term “Dispute” will have the broadest meaning permissible under applicable law. It applies to any dispute, action, or other controversy between you and us arising out of or relating to the Terms, the Privacy Policy, the Website or the Service, any transaction or relationship between us resulting from your use of the Website or Service, communications between us, and/or the purchase/order/use of goods or services from the Website – whether in contract, warranty, tort, law or regulation. The term also applies to any Dispute over the validity, enforceability, interpretation, or scope of this section, including the obligation to submit Disputes to arbitration. This section also applies to Disputes between your and our affiliates, subsidiaries, successors, related entities, agents, employees, and contractors.

20.2. Age Exception. The requirements to arbitrate and the class action and jury-trial waivers in this Section do not apply to you while you are under 18, or to any claim to the extent it is based on events occurring before you turned 18. They also do not apply unless you had legal capacity to enter the arbitration agreement when you accepted it. If you opened your wallet before age 18, these provisions apply only after you affirmatively accept them at age 18 or older with the required legal capacity, and only to claims based on events occurring after that acceptance. Continued use alone does not create that agreement. A parent’s or guardian’s permission or assistance does not bind the minor to arbitration or waive the minor’s claims. All rights of disaffirmance under applicable law remain available.

20.3. 30-Day Right to Opt Out of Arbitration, Jury Trial Waiver, and Class Action Waiver. You may opt out of the agreement to arbitrate in Section 20.5, the right to a jury trial in Section 20.6, and the right to participate in a class action in Section 20.7 (together, the “Opt-Out Provisions”) by sending an email titled “Opt-Out Notice” to arbitration-optout@id.me within thirty (30) calendar days after you first accept these Terms or within thirty (30) calendar days after a material change to the Opt-Out Provisions takes effect (the “Opt-Out Deadline”). This email address is only for opt-out notices. Messages unrelated to opt-out (e.g., customer service or helpdesk inquiries) won’t receive a response. The notice must include (a) your full name; (b) the email address associated with your ID.me wallet; and (c) a clear statement that you wish to opt out of the Opt-Out Provisions. Opt-out notices sent by any other person (other than your attorney or lawful representative acting at your individual direction), or after the Opt-Out Deadline, will be invalid. An opt-out applies only to the Opt-Out Provisions. If you opt out, all other provisions of these Terms, including the Notice of Dispute process in Section 20.4, the Choice of Law and Forum Selection provision in Section 20.8, and the remainder of this Section 20, will continue to apply to you. There are no fees or penalties for opting out, and opting out will not affect your access to or use of the Service.

20.4. Notice of Dispute. You and ID.me agree that good-faith, informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, you and ID.me must first try to resolve any Dispute through the following Notice of Dispute process. A “Notice of Dispute” is a written document in which the party raising the Dispute provides their name, address, contact information (including email), a description of the facts surrounding the Dispute, and the specific relief or remedy they are seeking. If you are asserting the Dispute, you must submit the Notice of Dispute with any supporting documents or other information by U.S. Mail to: ID.me, Inc. Attn: Dispute Resolution Department 8280 Greensboro Drive, Suite 800, McLean, VA 22102. If we are asserting a Dispute, we will send the Notice of Dispute to the email address associated with your wallet. You and ID.me will attempt to resolve any Dispute by participating in a telephonic or video informal dispute resolution conference within forty-five (45) calendar days from the date the Notice of Dispute is received. The informal dispute resolution conference shall be individualized such that a separate conference is required each time either party intends to commence any claim, including individual arbitration. Multiple individuals initiating claims cannot participate in the same informal dispute resolution conference, unless mutually agreed to by the parties. If a party is represented by counsel, counsel may participate in the conference; however, you must also personally and fully participate in the conference. If ID.me is represented by counsel, an ID.me representative will also personally and fully participate in the conference. Nothing herein authorizes ex parte communications with a represented party in violation of applicable ethical rules. If an agreement cannot be reached within forty-five (45) calendar days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding, small claims, or other permitted action as described below. If the party receiving a Notice of Dispute fails to offer a date for the conference within fourteen (14) calendar days after receiving the Notice of Dispute, or fails to participate in a scheduled conference, the party that sent the Notice of Dispute may proceed directly pursuant to this Section without waiting for the forty-five (45) calendar day period to expire.

Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing any action under this Section. A court or arbitrator shall dismiss any case or arbitration filed by a party that did not comply with the informal dispute resolution procedures in this section. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this section.

20.5. Arbitration. If any Dispute is not resolved within forty-five (45) calendar days after the Notice of Dispute is received, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may have the right to bring an individual action before a small claims court for certain claims. You and we agree that arbitration or a small claims action will be the sole and exclusive remedy to resolve Disputes. The Federal Arbitration Act applies to this Section 20.5. By agreeing to arbitrate, you and we waive the right to litigate any and all Disputes in a court before a judge or jury, whether as an individual party or as part of a class action (except small claims court). Instead, a neutral arbitrator will resolve all Disputes. The arbitration will determine the rights and liabilities, if any, of you and ID.me, and shall have no preclusive effect in any action involving a third party.

JAMS will administer the arbitration using the JAMS’ procedures and rules in effect on the date the arbitration is filed, including, if applicable, the JAMS Mass Arbitration Procedures and Guidelines (collectively, the “JAMS Rules”). In the event the JAMS Rules are inconsistent with this Section 20.5, this Section 20.5 will prevail. JAMS is independent from ID.me, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 or by visiting www.jamsadr.com. If, for any reason, JAMS is unavailable or unwilling to administer the arbitration, then the parties shall meet and confer to select an arbitrator; absent agreement, either party may invoke 9 U.S.C. § 5 to request that a court appoint an arbitrator. The arbitrator shall be an attorney with experience in the law underlying the Dispute. Nothing in this Section 20.5 is intended to override or displace any statutory rights to disqualify an arbitrator.

Location and Format of Arbitration. Unless you and we agree otherwise, the arbitration will be conducted by videoconference or telephone. If an in-person hearing is requested and the arbitrator determines one is warranted, it will be held in Fairfax County, Virginia, unless the arbitrator determines that another location is more convenient for the parties.

Delegation of Arbitrability. Except for individual claims properly filed in small claims court as permitted below, the arbitrator—not any court—has the exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, formation, or scope of this Section 20.5, including any threshold question of whether a claim or request for relief falls within the Small Claims Option or any other exception to arbitration. Notwithstanding the foregoing, a court of competent jurisdiction, and not an arbitrator, will decide any dispute concerning the enforceability of the Class Action Waiver, the application of the Age Exception, or whether you submitted a valid opt-out under Section 20.3. The parties incorporate the JAMS Rules on jurisdiction and arbitrability, except to the extent they conflict with this provision.

Costs. JAMS’ fee schedule will apply with the following exceptions. Your filing fee will not exceed the fee to file the Dispute in a court of competent jurisdiction embracing the location of the arbitration. For consumer (non-business entity) arbitrations, ID.me will pay all JAMS fees and arbitrator compensation beyond any consumer filing fee required by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. If a party asserts a Dispute or defense for an improper purpose or on frivolous grounds (as measured by Federal Rule of Civil Procedure 11), then the other party will be entitled to seek and recover attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.

Small Claims Option. You or we may also bring any Dispute in small claims court in Fairfax County, Virginia or in the county where you reside, provided the Dispute meets all requirements to be heard in the small claims court and the case remains in small claims court. However, if you initiate a small claims case, you are responsible for all your court costs; if we initiate a small claims case, we are responsible for all of our court costs. Notwithstanding the foregoing, this Mutual Arbitration Agreement does not prevent either You or ID.me from bringing an individual action in small claims court, provided the Dispute qualifies for small claims court and remains only in that court. Separately, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction, including the courts identified in the “Choice of Law and Forum Selection” provision below, to prevent actual or threatened infringement, misappropriation, or violation of that party’s intellectual property rights, confidential information, trade secrets, or other proprietary rights. A party may seek such injunctive or equitable relief without first completing the Notice of Dispute process or commencing arbitration. For clarity, any request for monetary damages or other non-equitable relief remains subject to this Section 20.5.

20.6. Waiver of Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ID.me WAIVE ANY RIGHT TO A JURY TRIAL IN ANY APPLICABLE COURT OR TRIBUNAL.

20.7. Class Action Waiver. Subject to the Age Exception, a valid opt-out, and nonwaivable statutory rights, covered Disputes will be conducted solely on an individual basis. Class arbitrations, class actions, collective actions, consolidation of Disputes with other arbitrations (other than administrative coordination or batching of filings under the JAMS Rules, if applicable), or any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you and us to the maximum extent permitted by law, and an arbitrator or court will have no jurisdiction to hear such claims. If the class action waiver in this Section is found to be unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed as appropriate. To the extent applicable law (after taking into account Federal Arbitration Act preemption) prevents the parties from waiving the right to seek public injunctive relief, then the part of a Dispute seeking public injunctive relief shall be heard in court, after the remaining parts of the Dispute are arbitrated. Nothing in this paragraph prevents you or ID.me from settling Disputes on a class, collective, or representative basis.
20.8. Choice of Law and Forum Selection. Unless otherwise required by applicable law, you and we agree that the Federal Arbitration Act governs the interpretation and enforcement of Section 20. Except to the extent preempted by federal law or otherwise required by applicable law, the laws of the State of Delaware, without regard to its conflict-of-laws principles, govern these Terms and any Dispute. If Section 20.5 does not apply to you or to a particular Dispute, you and we agree that any judicial proceeding arising out of or relating to that Dispute will be brought exclusively in the state courts located in Fairfax County, Virginia, or the United States District Court for the Eastern District of Virginia, Alexandria Division, and you and we consent to the personal jurisdiction and venue of those courts.

21. Miscellaneous

These Terms the Credential Policy, and any additional feature terms properly accepted under Section 1 form the agreement concerning your use of the Service and represent the parties’ entire understanding relating to the use of the Service and the Website, and supersedes any prior or contemporaneous, conflicting or additional, communications. They do not override separate privacy notices, required consents, or nonwaivable legal rights. Changes are governed exclusively by Section 1; a webpage posting or later feature term does not silently replace Section 20 or a valid opt-out. ID.me reserves the right to change these Terms or its policies relating to the Website and ID.me Service at any time and from time to time, and such changes will be effective as described in Section 1. You should visit this page from time to time to review the then current Terms because they are binding on you. If we make material changes to these Terms, we will notify you here, by email, or by means of notice on our home page. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Unless otherwise noted by us, your continued use of the Website and ID.me Service after notice of any such changes as described in Section 1 shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between ID.me and you as a result of these Terms or use of the Website. Your wallet and credential are personal and may not be transferred to another person. Assignment of a legal claim, representation by counsel, or exercise of rights by a lawful representative remains subject to applicable law. ID.me may assign this agreement in connection with a merger, reorganization, or transfer of the relevant business only if the successor assumes ID.me’s obligations, subject to applicable notice and other legal requirements. Any purported assignment in violation of this section shall be void. ID.me reserves the right to use Third Party Providers in the provision of the Website, the Service, and the goods, services and Materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Any and all rights not expressly granted herein are reserved by ID.me.

22. Intellectual property notices

Elements of the Website and Service are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by ID.me. The ID.me trademarks and/or other ID.me identifiers referenced herein are trademarks of ID.me and/or its affiliates and may be registered in certain jurisdictions.

23. Legal Contact Information & Member Support

If you have any questions about these Terms, or if you would like to request permission to use any of ID.me’s Materials, please contact our Member Support desk at help.id.me.

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