Terms of Service

1. Acceptance of Terms

By accessing or using Agely's age verification services, website, or Discord bot (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Agely LLC ("Agely," "we," "us," or "our").

Our Disclaimer, Privacy Policy, Cookie Policy, and Data Processing Agreement are incorporated into these Terms by reference and form part of your agreement with us. The Disclaimer describes the accuracy limits of age verification and you should read it before using the Service. If these Terms conflict with the Disclaimer on the subject of accuracy, warranties, or liability, the more protective of the two applies in our favor to the extent the law allows.

2. Service Description

Agely provides age verification tools for online communities. A "Community" is any space that uses Agely to verify its members — today primarily Discord servers, with websites and apps to follow. Community owners and administrators ("Community Owners") configure age requirements; their members ("End Users") verify their age through methods including:

• Self-declared date of birth
• Facial age estimation via selfie or short video
• Government-issued ID verification (text is read from the document; the document itself is not authenticated)
• Face matching between the selfie and the ID photo (as part of ID verification)
• Optional liveness (anti-spoof) check on the selfie

Community Owners configure age requirements for their communities, and our Service provides verification results to help enforce those requirements.

3. Customer Relationship (Important)

Community Owners are our customers, not individual End Users who complete verification. This distinction is important:

• Community Owners: purchase access to our Service, configure verification requirements, and receive verification results
• End Users: use our Service at the direction of Community Owners to verify their age for community access
• Service Terms: apply to both Community Owners (as customers) and End Users (as service users)

Data protection roles: for verification, Community Owners are the data controller and Agely LLC is their processor. Our Data Processing Agreement forms part of these Terms for Community Owners in the EU/EEA, the UK, and Switzerland, and is available to any Community Owner who needs it.

4. Eligibility

To use our Service, you must:

• Meet the minimum age of the platform through which you use Agely (for Discord, at least 13 years old or the minimum age in your jurisdiction)
• Have a valid account in good standing on that platform
• Comply with that platform's terms of service and community guidelines
• Provide accurate and truthful information during verification

Community Owners must additionally have legal authority to enter into contracts and manage their communities.

5. Service Accuracy and Limitations (Critical)

IMPORTANT: Agely is NOT a legal form of age verification.

Our Service provides additional confidence to Community Owners about user ages, but it is not a substitute for legal age verification where required by law.

5.1 Verification Accuracy

Age verification accuracy varies based on the method(s) used:

• Age Estimation Alone: may produce inaccurate results — facial analysis estimates age based on appearance, which can be affected by lighting, image quality, ethnicity, and individual variation
• ID Verification Alone: can be circumvented through document fraud or using someone else's ID
• Combined Methods (ID + Face Match + Age Estimation): provides the highest confidence but is still not infallible

5.2 No Guarantees

We explicitly disclaim any guarantee regarding:

• The accuracy of age verification results
• The authenticity of submitted identification documents
• The identity of the person completing verification
• Compliance with age-restricted content laws or regulations

5.3 Community Owner Responsibility

Community Owners remain solely responsible for:

• Complying with applicable laws regarding age-restricted content
• Deciding your own age requirements and making the final decision about member access to your community
• Understanding the limitations of automated age verification and not relying on a result as conclusive proof of age
• Handling verification results and any proof media you receive, including how long you keep them and who can see them
• Implementing additional safeguards as needed for your specific use case

5.4 No Reliance

Agely does not decide who is an adult and does not decide who may enter your community. The Service returns an estimate or an extracted value and compares it with the threshold you configured. The result is information for you to act on. By using the Service you confirm that you are not relying on Agely's skill or judgment to determine any person's age, identity, or legal status, that you have made your own assessment of whether the Service is suitable for your community, and that you remain responsible for the access decisions you make. No statement by us, on our website, or in our support channels creates any warranty or duty beyond what these Terms expressly state.

6. Platform Responsibilities

The platforms our Service runs on remain responsible for their own obligations. When you use Agely through Discord, Discord, Inc. is ultimately responsible for:

• Ensuring all Discord users are at least 13 years old (or the minimum age in their jurisdiction)
• Managing access to age-restricted channels and content on their platform
• Enforcing their Terms of Service and Community Guidelines

Agely's Service is a community management tool and does not replace any platform's age verification or content moderation responsibilities.

7. Paid Services and Billing

7.1 Service Tiers

Agely offers both free and paid usage:

• Free: configuration, workflows, and a monthly allowance of free verifications for every community
• Paid (usage-based): larger monthly verification allowances via subscription tiers, and non-expiring top-up packs for extra verifications

7.2 Free Monthly Allowance

Every community receives a recurring monthly allowance of free verifications. The allowance resets each calendar month and does not roll over. When it is exhausted, further verifications require a subscription or top-up pack.

7.3 Payment Processing

Important: Agely does not process payments itself.

All payments are processed by the platform or payment provider through which you purchase — currently Discord, Inc. for all purchases. Agely does not store payment information or have access to the payment provider's systems. Where we add other purchase methods in the future, that provider's payment terms will apply to those purchases.

7.4 Subscription Model

When you purchase a subscription (currently through Discord):

• Entitlement System: the payment platform grants your community an "entitlement" that signals to Agely that it has access to a paid tier
• Monthly Usage: subscriptions include a monthly verification allowance that resets each calendar month
• Automatic Renewal: subscriptions renew automatically through the payment platform unless cancelled

7.5 Top-Up Packs

You may purchase additional verifications beyond your monthly allowance:

• Non-Expiring: top-up verifications never expire and persist across months
• No Subscription Required: top-ups work with or without an active subscription
• Consumption Order: your monthly allowance is consumed first; top-up balance covers the overflow

7.6 Cancellation Policy

To cancel a subscription:

• Cancellation Process: cancellations are processed through the payment platform where you subscribed (currently Discord's subscription management)
• Effects: after your paid period ends, your community returns to the free monthly allowance
• Top-Ups Persist: any remaining top-up balance stays usable after cancellation
• Resubscription: you may resubscribe at any time

7.7 Refund Policy

Agely cannot process refunds.

Because payments are processed by the payment platform (currently Discord), Agely does not have the ability to issue refunds or cancel subscriptions. All refund requests must be directed to that platform's support team.

What we may do: if a technical fault on our side causes lost usage, such as a verification failure or a service error, we may re-issue the consumed usage as a goodwill gesture, at our discretion and on a case by case basis. This is not a refund, it is not guaranteed, and it does not create any entitlement or any obligation to do the same in future. Contact our support server if you think this applies to you.

7.8 Payment Platform Terms Apply

By purchasing subscriptions or top-ups through a payment platform, you agree to:

• That platform's terms of service and payment terms
• That platform's refund and cancellation policies
• That platform's data handling practices for payment information

For questions about billing, payments, or refunds, please contact the platform you purchased through (currently Discord Support).

8. User Obligations

8.1 End User Obligations

When using our Service, you agree to:

• Provide accurate and truthful information
• Use your own identity and identification documents
• Not attempt to circumvent or manipulate the verification process
• Not share verification results or access with others
• Comply with all applicable laws and regulations

8.2 Community Owner Obligations

As a Community Owner, you agree to:

• Use the Service in compliance with the terms of the platform your community runs on
• Not use verification results for purposes outside of community management
• Understand and acknowledge the Service's accuracy limitations
• Inform your community members, before they verify, that your community uses Agely and what happens to their result
• Establish your own lawful basis for requiring verification, including any parental consent required where members are below the age of digital consent in their country
• Protect any proof media delivered to you, restrict who can see the channel it is delivered to, and delete it when you no longer need it
• Comply with applicable privacy and data protection laws

9. Prohibited Uses

You may not use our Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to reverse engineer, decompile, or hack the Service
• Abuse, harass, or discriminate against others
• Submit false, fraudulent, or misleading information
• Use someone else's identity or identification documents
• Interfere with the Service's operation or security
• Collect or harvest user data without authorization

10. Data and Privacy

Our collection, use, and protection of your personal information is governed by our Privacy Policy. Key points include:

• Your date of birth is never stored — it is used only to compute your age, then discarded; we keep the computed age and a coarse age band with your result — except a birthday you opt in to save for birthday announcements
• Agely keeps no verification media: it exists on our systems only transiently (seconds; 24 hours maximum) and is then deleted. A copy of your result is delivered to the tenant you're joining, which controls its own retention (on Discord, the verification image may remain in the server's moderation channel until it is removed or you run /reset)
• You can request immediate data deletion at any time (on Discord via /reset — per server or everywhere; on any platform by contacting us)
• We use destructive deletion (permanent removal, not flagging)
• We never sell your personal data; the only party your verification result is shared with is the tenant you chose to verify in (we also rely on the subprocessors listed in our Privacy Policy to run the Service)
• Biometric data is encrypted and used solely for age verification

11. Intellectual Property

The Service, including its software, design, content, and trademarks, is owned by Agely LLC and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

You may not copy, modify, distribute, sell, or create derivative works from our Service without express written permission.

12. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent or abusive behavior
• Legal or regulatory requirements
• Discontinuation of the Service

You may terminate your use of the Service at any time by ceasing to use it and requesting data deletion (see our Privacy Policy).

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or availability of the Service
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding verification results or their legal sufficiency

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGELY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

This limitation applies to any claim arising from or relating to:

• Use or inability to use the Service
• Inaccurate verification results
• Data breaches or security incidents
• Actions taken based on verification results
• Reliance on the Service for legal compliance

Our total aggregate liability for all claims arising from or relating to the Service will not exceed the greater of (a) the amounts you actually paid us for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred United States dollars (USD 100). This cap applies in aggregate across all claims, not per claim. Sections 5, 13, 14, and 15 apply to Agely LLC and to its members, managers, officers, employees, agents, and suppliers, and they survive termination of these Terms and of your use of the Service.

15. Indemnification

You agree to indemnify, defend, and hold harmless Agely LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content or information you submit to the Service
• If you are a Community Owner: your decision to require verification, your lawful basis for it, and your failure to inform your members that verification is used
• If you are a Community Owner: your handling, storage, disclosure, or republication of verification results and any proof media delivered to you
• If you are a Community Owner: any access decision you make about a member, including granting or denying access after a verification result

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida and the federal laws of the United States, without regard to conflict of law principles. Nothing in these Terms limits the rights that consumers in the EU/EEA and the UK have under the mandatory laws of their country of residence.

Any dispute arising from these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Pinellas County, Florida, or by remote hearing or written submissions where those rules allow. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or to stop unauthorized access to the Service. You and Agely each give up any right to bring or take part in a class action, a collective action, or a representative action, and an arbitrator may not combine the claims of more than one person. If that waiver is held unenforceable for a particular claim, that claim must proceed in court rather than in arbitration, and the rest of this section still applies to every other claim. You can opt out of this arbitration agreement and class action waiver by emailing privacy@agely.xyz within 30 days of first using the Service, giving your name, the community involved, and a statement that you are opting out. Opting out changes nothing else in these Terms and will not be held against you. This section does not apply where mandatory consumer law gives you the right to bring proceedings in the courts of your country of residence, including the rights preserved for consumers in the EU/EEA and the UK in the paragraph above.

17. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by updating the "Last Updated" date and posting a notice on our website or support server. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

19. Events Outside Our Control

We are not liable for any delay or failure to perform caused by something outside our reasonable control. This includes outages, changes, restrictions, or discontinuation by the platforms and providers the Service depends on (for example Discord, Amazon Web Services, Vercel, Neon, and Clerk), changes to their terms or their application programming interfaces, loss of our access to them, network or internet failures, acts of government, changes in law, natural events, and labor disputes. If any of these prevents us from providing the Service, we may suspend or discontinue it, in whole or in part, without liability, and your remedy is to stop using the Service.

Contact Us

If you have questions about these Terms, please contact us: