1. Acceptance of Terms
By accessing the A3 API or our documentation at www.a3api.io, you (the "Customer") agree to be bound by these Terms of Service ("Terms") with Digital Arcadia LLC, 522 W Riverside Ave Ste N, Spokane, WA 99201, United States ("Digital Arcadia," "we," "us," or "our"). If you are using A3 on behalf of a company, you represent that you have the authority to bind that entity to these Terms.
2. The Service
A3 provides age assurance signals and verification infrastructure.
- API License: We grant you a limited, non-exclusive, non-transferable, revocable license to integrate our API into your applications.
- Evolution of Service: We reserve the right to modify API endpoints or features. We will use commercially reasonable efforts to provide 30 days' notice for breaking changes via our documentation.
- Intellectual Property: All rights, title, and interest in and to the Service — including the age-assurance logic, algorithms, API design, documentation, and output formats — remain the exclusive property of Digital Arcadia. Nothing in these Terms grants you any ownership interest in the Service.
3. Usage & Restrictions
A. Geographic Restrictions
The A3 API is available exclusively within the United States and its territories. The Service is not available in the European Economic Area (EEA), the United Kingdom, or any other jurisdiction subject to the EU General Data Protection Regulation (GDPR) or the UK Data Protection Act 2018. API requests with EU/EEA/UK country codes will be automatically rejected.
B. Prohibited Uses
To keep the service stable for everyone, you agree not to:
- Reverse engineer the age-assurance logic or attempt to bypass security measures.
- Resell or sub-license API access; this is not permitted.
- Exceed the rate limits defined in your chosen plan (Sandbox, Pro, or Scale).
- Use the Service for any unlawful purpose, including but not limited to circumventing age-gating requirements, facilitating access by minors to age-restricted content, or violating any applicable child safety laws.
- Interfere with or disrupt the integrity or performance of the Service, including introducing malware, flooding the API with excessive requests beyond your plan limits, or exploiting vulnerabilities.
4. Fees & Payment
- Subscription: Payments are processed via our third-party provider (Stripe). Fees are non-refundable except where required by law.
- Plan Limits: If you exceed your plan's included checks, you will be billed at the overage rate specified on our pricing page.
- Cancellation: See Section 9 (Suspension & Termination) for cancellation and termination terms.
5. Data & Compliance (California AB 1043 and CCPA)
- NO COMPLIANCE GUARANTEE: A3 IS A TECHNICAL TOOL, NOT A LEGAL SERVICE. USE OF THE A3 API DOES NOT CONSTITUTE LEGAL ADVICE, CERTIFICATION, OR A GUARANTEE OF REGULATORY COMPLIANCE WITH ANY LAW, INCLUDING BUT NOT LIMITED TO CALIFORNIA AB 1043, COPPA, OR ANY OTHER AGE-GATING REGULATION. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR APPLICATION AND YOUR USE OF A3'S OUTPUTS COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION. WE RECOMMEND CONSULTING QUALIFIED LEGAL COUNSEL FOR COMPLIANCE GUIDANCE.
- Zero Retention: Per our Privacy Policy, A3 does not store end-user request payloads. You are responsible for storing your own "Signed Receipts" (HMAC-SHA256) provided by the API for your own audit trails.
- Biometric Consent: If you use the face-estimation fallback feature (available when the OS signal is not available), you are solely responsible for obtaining all required consents from your end users before transmitting face-estimation data to the A3 API. This includes, but is not limited to, compliance with Illinois BIPA, Texas CUBI, Washington state biometric privacy law, and any other applicable biometric data statutes. A3 does not receive, process, or store raw biometric data (such as selfie images) — only numeric age-estimation results from your chosen provider. However, you must ensure your own data collection practices comply with all applicable biometric privacy laws.
6. Disclaimers & Limitation of Liability
- WARRANTY DISCLAIMER: THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AGE-ASSURANCE SIGNALS WILL BE 100% ACCURATE IN ALL CASES.
- Liability Cap: To the maximum extent permitted by law, Digital Arcadia's total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 USD, whichever is greater.
- Exclusion of Consequential Damages: IN NO EVENT SHALL DIGITAL ARCADIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, REGULATORY FINES OR PENALTIES, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF DIGITAL ARCADIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. API Key Security
- Confidentiality: Your API keys are confidential credentials. You are solely responsible for safeguarding your keys and ensuring they are not embedded in client-side code, public repositories, or otherwise exposed to unauthorized parties.
- Unauthorized Use: You are responsible for all activity that occurs under your API keys, whether or not authorized by you. You must notify us immediately at [email protected] if you suspect unauthorized use of your credentials.
- Key Rotation: We reserve the right to revoke or rotate API keys at any time if we reasonably believe they have been compromised.
8. Indemnification
You agree to indemnify, defend, and hold harmless Digital Arcadia, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your failure to properly implement age-gating or comply with age-assurance obligations in your own application; or (e) any third-party claim related to the data you process through the Service.
9. Suspension & Termination
- By You: You may cancel your subscription at any time via the Stripe customer portal. Access continues until the end of your current billing cycle.
- By Us: We may suspend or terminate your access immediately, without prior notice, if we reasonably believe you have violated these Terms, engaged in abusive or fraudulent activity, or pose a security risk to the Service or other customers.
- Refunds: If we terminate your access for cause (violation of these Terms, abusive activity, or security risk), no refund will be issued for any remaining prepaid period. If you cancel voluntarily, access continues until the end of your current billing cycle but fees already paid are non-refundable.
- Effect of Termination: Upon termination, your right to use the Service ceases immediately. Sections 6 (Disclaimers), 7 (API Key Security), 8 (Indemnification), 10 (Governing Law), and 12 (General Provisions) survive termination.
10. Governing Law & Dispute Resolution
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
- Jurisdiction: Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in such courts.
11. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be posted to this page with an updated "Effective Date" and, where practicable, we will notify you via the email address associated with your account at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
12. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Digital Arcadia regarding the Service and supersede all prior agreements and understandings.
- Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
- No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
- Force Majeure: Digital Arcadia shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, power or infrastructure failures, third-party cloud provider outages (including AWS), government actions, or internet disruptions.