Terms of Use

Last Updated: March 3, 2025

Welcome to FasTrax POS. These Terms of Use (“Terms”) are a legally binding agreement between you (referred to as “you” or “User”) and FasTrax POS LLC, a New York limited liability company (referred to as “FasTrax POS,” “we,” “us,” or “our”). These Terms govern your access to and use of our Services, which consist of an AI-based identity and age verification system provided to businesses (including age-restricted retailers and automated vending machines) to verify customers’ eligibility for certain products or services (collectively, the “Services”).

By using the Services (for example, by scanning your ID or submitting your biometric information at a FasTrax POS device/kiosk), you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (which is incorporated by reference). If you do not agree to these Terms or the Privacy Policy, you must not use the Services. The Services are provided free of charge to end users (we may charge the businesses who use our system, but not the individuals undergoing verification).

We may update or modify these Terms from time to time. If we make material changes, we will notify users by posting the updated Terms with a new “Last Updated” date and, if appropriate, by additional means (such as a notice on our website or at the point of verification). Your continued use of the Services after any changes to these Terms signifies your acceptance of the revised Terms. For this reason, we encourage you to review these Terms periodically.

1. Services Overview and Purpose

FasTrax POS provides technology to help businesses comply with laws and regulations governing age-restricted products and regulated transactions. Our Services allow a business to confirm your age or identity before completing a transaction, using tools like ID document scanning and biometric verification. Examples of where our Services might be used include:

• An age-restricted retail store (such as a liquor store, tobacco shop, cannabis dispensary, or gaming venue) using our system at checkout to verify that customers are of legal age (e.g., 18 or 21, depending on the product and jurisdiction) before a sale.
• A vending machine or kiosk selling restricted products (like a cigarette vending machine or an arcade prize machine with age-limited items) that requires you to scan your ID or face to prove you are old enough.
• A business verifying identity for compliance reasons (such as a pharmacy verifying identity for certain medication pickup or a lottery machine verifying age).

Our verification process may involve scanning a government-issued ID (to read data like your name and date of birth) and/or capturing a biometric identifier (such as taking your photo for facial recognition) to match you to your ID. The goal is to quickly and accurately verify that you are who you claim to be and that you meet the age requirements for the transaction, without requiring the business to manually check ID documents in every case. The Service provides a recommendation or result (for example, “age verified” or “verification failed”) to the business, which then acts on that information (e.g., allowing or denying the purchase).

Please note: FasTrax POS is not the seller of any goods or services you may obtain after verification. We do not make decisions about whether to serve/sell to you; that decision is made by the business based on our verification result and their own policies. Any transaction you enter into after using our Service is solely between you and the business. FasTrax POS is not responsible for the quality, safety, legality, or any other aspect of the goods or services provided by the business.

2. Eligibility and Legal Age

You must be of legal age to use the Services. Our Services are intended to prevent use by underage individuals. By using the Service, you represent and warrant that you are at least 18 years old and that you meet any higher age restriction applicable to the product or service you are trying to access. For example, if the law requires you to be 21 to purchase alcohol or tobacco in your location, you must be 21 or older to use the Service for an alcohol or tobacco purchase. If you are under the required legal age, you are strictly prohibited from using the Services.

We do not knowingly allow minors to use the verification system, and we design the Service to screen out those who are underage. If you are under 18 (or under the applicable legal age for the product/service), do not attempt to use the Service. If we have reason to believe you do not meet the age requirements (for instance, our system or the business’ staff suspect you are underage or using false identification), we reserve the right to deny you use of the Services and/or the underlying product or service.

3. User Obligations

When using FasTrax POS Services, you agree to the following responsibilities and conditions:

• Provide Accurate Information: You agree to provide true, accurate, and current information for verification. This means you must present a valid, government-issued photo identification that belongs to you (such as your own driver’s license, state ID, military ID, or passport). If the Service asks you to input or confirm any details (like your name, address, date of birth, or a one-time code sent to your phone), you will provide truthful information. You also agree to capture a clear live photo of yourself (selfie) or provide a biometric sample (like a fingerprint) when requested, ensuring it is genuinely yours and not altered. Misrepresenting your identity or age is strictly prohibited.
• Personal Use Only: The verification process is for your own personal use in a legitimate transaction. You will not attempt to use the Service on behalf of someone else, and you will not allow another person to use your identity or biometric data to bypass verification. For example, you will not attempt to help an underage friend by scanning your ID for them, nor will you let someone use a photo or recording of you to fool the system. Likewise, you should not attempt to use someone else’s ID or credentials.
• Lawful Purpose: You will only use the Services for lawful transactions and purposes. You agree to comply with all laws and regulations applicable to the product or service you are trying to access. You will not use the verification Service to engage in any illegal activity or in any manner that would violate the law. If a particular product is illegal for you to purchase or possess (due to your age or any other reason), you must not attempt to use our Service to obtain it.
• Follow Instructions: You will follow any instructions or guidelines provided during the verification process. For example, if the kiosk or device prompts you to align your ID within a frame, to tilt it for scanning, or to look into a camera until a capture is taken, you will do so. Following the on-screen or spoken instructions ensures the process works correctly. If you deliberately do not follow instructions (or if you stop the process midway), verification may fail or be incomplete, and you may be denied access to the product/service.
• Account Security (if applicable): Currently, most verifications are one-time and do not require an account. However, if you are ever allowed to create a user account or profile with FasTrax POS (for example, through a mobile app to manage your verified identity or a “remember me” feature), you are responsible for keeping your login credentials confidential. Do not share your password or allow others to access the Services through your account. You are responsible for all activities that occur under your account. If you suspect unauthorized use of your account, you must notify us immediately. We may deactivate or delete accounts that are suspected of fraud or misuse.

4. Prohibited Activities

To maintain the integrity and security of our Services, certain activities are strictly forbidden. You agree NOT to:

• Use False or Fraudulent ID/Information: Do not impersonate anyone or misrepresent your identity or age. You must not submit identification documents or biometric data that are not truly yours. This prohibition includes using a fake ID, an ID that belongs to someone else, an ID that has been physically or digitally altered, or any forged documents. Any attempt to present false information or to defeat the verification measures is strictly prohibited. This also means you must not use deepfakes, photocopies, screen images, or prerecorded videos in place of a real live selfie. Any technique intended to fool the AI or verification system (for example, wearing a mask of someone else, using face-altering software, or presenting a high-quality photo in front of the camera instead of yourself) is a violation of these Terms.
• Tamper with the Service or Device: Do not interfere with, disrupt, or attempt to circumvent the intended operation and security of the Service. You must not attempt to hack, disable, reverse engineer, or otherwise modify our software or hardware. For instance, you should not try to inject malicious code into the kiosk, use any device or software to intercept data communications, or physically tamper with the scanner/camera. Similarly, you are prohibited from using any tools or methods to obscure or fake your presence (beyond the legitimate use of the Service). Any form of system abuse or intrusion is strictly forbidden and may result in legal action and termination of service.
• Engage in Unlawful or Unauthorized Use: Do not use the Service in connection with any activity that is illegal or that infringes on the rights of others. This includes using our verification results for anything other than the immediate transaction or purpose for which it’s intended. You must not collect data from the Service to commit identity theft, harass someone, or for any purpose not authorized by us. Also, do not use the Service if the laws of your jurisdiction prohibit or restrict you from doing so (for example, if you are in a location under sanctions or where our type of service is not allowed).
• Abuse or Overload the System: Do not use the Service in a manner that could damage, disable, or impair our infrastructure. For example, you should not repeatedly run unnecessary verifications or use automated scripts to send rapid-fire verification requests. You should not attempt to use the system for purposes it’s not intended for (such as trying to scan non-ID documents or querying the system outside of the provided interface). Similarly, scraping or harvesting information from the system (such as trying to download data, images, or software from a kiosk) is prohibited. Use the Service only in the context of verifying age/ID for a legitimate transaction at the time.
• Respect Others’ Privacy and Rights: The Service should not be used to invade anyone else’s privacy or violate their rights. You must not use the system to try to collect personal information about another person. For example, you cannot scan someone else’s ID just to see their data without a legitimate verification need. Also, you must not defame, harass, or harm any person while using the Service. (This might be more applicable in scenarios where there is an attendant or other customers around; we expect courteous and lawful behavior during the verification process.)

Any violation of the above prohibited activities is grounds for immediate termination or suspension of your access to the Services, and potentially for legal action by FasTrax POS or the affected business or individuals. Attempting fraud or deception through our Service is not only a breach of contract but may also violate criminal laws.

5. Privacy and Data Consent

Your privacy is very important to us. Our collection and use of personal information through the Service is governed by our Privacy Policy (see above), which we encourage you to read carefully. By using the Service, you acknowledge and agree that we may collect, process, and share your information as described in the Privacy Policy and summarized below:

• Consent to Collect and Verify: When you initiate a verification (for example, by scanning your ID or submitting a selfie at a kiosk), you are giving FasTrax POS permission to collect the information necessary to perform the verification. This information may include personal data from your ID (such as your name, date of birth, address, and ID number) and biometric data (such as your photo for facial recognition or fingerprint if that method is used). We will always inform you on the screen (or via the attendant) what is needed, and for biometric data, we will seek explicit consent where required by law (for instance, some states require that you explicitly agree to a notice before a facial recognition scan). If you do not consent to the data collection or any part of the process, you should cancel or not proceed, but note that we cannot complete the verification without the required data.
• Use of Data: You understand that your personal data will be used strictly for the purposes of identity/age verification, fraud prevention, and compliance, as outlined in our Privacy Policy. We do not use your information for marketing or any unrelated purposes. For example, if you scan your ID, we use the details to check your age and the authenticity of the ID; if you take a selfie, we use it to compare with the ID photo to confirm it’s you. We may also retain some data to streamline future verifications (with your consent) or to comply with record-keeping laws.
• Sharing with Third Parties: As described in the Privacy Policy, we may share some of your information with third-party verification services or databases solely to complete the verification. For instance, your ID’s barcode data might be sent to a secure service that validates IDs, or your biometric may be processed by an algorithm or third-party tool for matching. These parties are contractually bound to use your data only for verification and not for other purposes. We do not give your data to any third party except as necessary to verify your identity/age, to the business that needs the result, or as required by law. Importantly, we do not sell your personal information.
• Protection of Data: We implement security measures to protect your data during the verification process (encryption, secure storage, etc.). While we make every effort to secure your information (see Privacy Policy’s Security Measures section), you acknowledge that you are using an electronic system and that no system can be guaranteed 100% secure. We ask that you also take precautions, such as ensuring you are using a legitimate FasTrax POS device (look for our branding or ask the business) and not using the service if something seems tampered with.
• Retention: By using the Service, you understand that we may retain your verification data as needed for compliance or to facilitate future transactions, as detailed in the Privacy Policy. We will honor deletion requests as described therein. For example, if you want your data deleted after a transaction, you can contact us. Otherwise, we might keep it on file to help verify you more quickly next time (again, per our policies and with respect for legal limits on retention, especially for biometric data).
• Age and Biometric Notices: In certain jurisdictions, there may be additional notice requirements (e.g., a sign at the location or an on-screen notice about biometric data collection). We comply with these requirements. If you see any such notice or consent form, please review it – by proceeding with the verification (e.g., clicking “I Agree” or continuing after being shown the notice), you are confirming your consent to that data collection and use.

If you have concerns about how your personal information is handled, you should not use the Service until your concerns are addressed. You can contact us or the business offering the service with questions. Remember that if you decline to allow us to collect or use the necessary data, we will not be able to verify your identity/age, which means the business cannot complete your transaction.

6. Indemnification

You agree to indemnify, defend, and hold harmless FasTrax POS LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms or any applicable law or regulation; or (c) any fraud, misrepresentation, or wrongful act committed by you (for example, if you attempt to use a fake ID or otherwise deceive the verification system, or if your actions cause harm to a business or a third party and they bring a claim against us as a result).

In simpler terms, if your behavior causes us or others harm or legal trouble, you are agreeing that you will be responsible for the costs. This includes, for instance, if you try to bypass the system and, as a result, someone suffers a loss or a legal issue arises, you will cover any costs or damages that FasTrax POS incurs due to your actions.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of that claim. This indemnity obligation will survive after your use of the Services ends and/or after these Terms are terminated.

7. Limitation of Liability

To the fullest extent permitted by law, FasTrax POS (including our officers, directors, employees, agents, and affiliates) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from or related to your use of (or inability to use) the Services. This means that if you experience any harm or loss in connection with using our verification Services, we are not responsible for those indirect or consequential losses. For example, we are not liable for:

• Business Decisions or Denials: If the Service fails to verify you correctly (whether falsely rejecting a valid ID or mistakenly approving an invalid ID) and as a result you are unable to complete a purchase or a business takes some action, we are not liable for that outcome. We provide a tool, but the ultimate decision to complete a transaction lies with the business and you.
• Undetected Fraud: We strive to make our AI-based verification as accurate as possible, but we do not guarantee that the Service is infallible. There may be instances where a fake or fraudulent ID is not detected, or an impersonator manages to fool the system. FasTrax POS is not liable for any consequences if a fraudulent ID or person is erroneously verified, or if a legitimate user is incorrectly rejected. All parties involved acknowledge that verification systems have inherent limitations.
• Service Downtime or Errors: We are not responsible for losses if the Service is temporarily unavailable, slow, or produces an error. For instance, if a kiosk is not functioning and you cannot make a purchase, or if our system incorrectly reads an ID as expired when it isn’t, we will work to fix the issue but are not liable for the inconvenience, lost opportunity, or any damages stemming from it.
• Third-Party Acts: We do not control the businesses or third-party providers that use or support our Service. We are not liable for the actions of a retailer or vending machine operator (such as their decision to deny a sale even after a successful verification or any misuse of data by the business). We are also not liable for inaccuracies in third-party databases or hardware malfunctions in devices made by others. For example, if an identity database returns a wrong result or a camera provided by a hardware partner fails, any resulting issue is not something for which we will be liable to you.

In any case, our total liability to you for all claims arising from your use of the Services or these Terms will not exceed $100 USD or the amount that you have paid us for the use of the Services in the last 12 months, whichever is greater. (For most users, you pay us $0, since we charge businesses, not users – so $100 would likely be the cap.) This limitation applies no matter what theory of liability is claimed (contract, tort, negligence, strict liability, etc.), and even if we have been advised of the possibility of such damages.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain liabilities. If you are in such a jurisdiction, some of the above limitations may not fully apply to you. In addition, nothing in these Terms seeks to limit liability that cannot be limited by law. For instance, if a law prohibits us from disclaiming liability for personal injuries caused by our gross negligence or willful misconduct, then we would not disclaim that. Likewise, if a law does not allow limitation of liability for intentional wrongdoing, the above does not limit our liability in such cases.

Overall, you understand and agree that the Service is provided “as is” and that there are risks involved in any verification process. You assume responsibility for the consequences of your use of the Service. If you are dissatisfied with the Service or do not agree to this allocation of risk, your remedy is to discontinue use of the Service.

8. Disclaimer of Warranties

To the maximum extent permitted by law, FasTrax POS provides the Services on an “as is” and “as available” basis without warranties of any kind, either express or implied. We disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically:

• We do not warrant that the Services will be error-free, completely secure, or uninterrupted. While we use advanced technology and strive for high accuracy, we make no guarantee that our verification will catch every fraudulent attempt or never mistakenly reject a valid ID. No electronic verification system can be 100% perfect, and we make no warranty that our Service will meet all of your expectations or requirements beyond the scope of verifying IDs to the best of its ability.
• We do not warrant that using the Service will result in approval by any particular business or authority. For example, passing our age check does not guarantee a store will complete a sale if they have other concerns, nor does it guarantee that law enforcement or regulators would consider the verification alone as full compliance (the business bears responsibility for compliance as well). The Service is a tool to assist, not a certified judgment by us of your legal eligibility beyond the parameters of the automated checks.
• Any information or guidance provided by the Service (such as on-screen prompts or indications that an ID is valid/invalid) is provided in good faith, but we do not warrant its accuracy or completeness. If there are any mistakes (like an ID being falsely flagged), we are not guaranteeing those won’t happen.
• We disclaim responsibility for any third-party components. Our Service may rely on hardware (cameras, scanners) and third-party data services (ID validity databases). We make no warranty that those components, which we do not fully control, will function perfectly. For instance, if a state DMV database has incorrect data causing a verification failure, we cannot be held responsible for that error.

Some jurisdictions do not allow the exclusion of certain warranties, so if you are in one of those, some of these exclusions may not apply to you. In that case, the duration of any required warranty is limited to the minimum period allowed by law.

9. Dispute Resolution

We want your experience with FasTrax POS to be positive, but if you have a dispute with us, this section explains how we agree to resolve it:

a. Informal Resolution: First, we encourage you to contact us directly with your concern (you can email or write to us as provided in the Contact Information section below). Many disputes or misunderstandings can be resolved informally through communication. We will work in good faith with you to address your issue.

b. Mediation (Optional): If we cannot resolve the issue informally, we may suggest mediation as a next step. Mediation is a voluntary process where a neutral third-party mediator helps facilitate a resolution. Both you and FasTrax POS would have to agree to mediate. It’s a non-binding process – meaning either party can choose not to settle in mediation. If both agree, we can arrange a mediation session and share the costs equally (or as otherwise agreed).

c. Binding Arbitration: Except for the specific exceptions stated below, you and FasTrax POS agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be settled by binding arbitration on an individual basis. Arbitration is a process where a dispute is submitted to a neutral arbitrator (instead of a judge or jury) for a final and binding decision. You are thus waiving the right to a trial in court (except for the exceptions below).

• The arbitration will be administered by a reputable arbitration provider, such as the American Arbitration Association (AAA), under its Consumer Arbitration Rules, or another comparable set of rules if AAA is unavailable. We will mutually agree on the arbitrator.
• The arbitration may take place in a location agreed to by both parties. If you prefer, and if it is practical, the arbitration could occur in the county of your residence or in New York (where our company is based). We can also agree to conduct it via video or telephone for convenience.
• No Class Actions: You and we agree to arbitrate individually. This means no class actions or collective proceedings. You cannot bring a claim on behalf of a broader group, and likewise, we cannot group claims against multiple users in one proceeding. The arbitrator can only decide your and our individual claims.
• The arbitrator will have the authority to award the same damages and relief that a court could (subject to the limitations and exclusions in these Terms) and must follow these Terms as a court would. The arbitrator’s decision will be final, and judgment on the award may be entered in any court with jurisdiction.

d. Exceptions to Arbitration Agreement: Either party may choose to take a dispute to small claims court if it qualifies (for example, if your claim and remedy sought are within the small claims limit in your area). Also, if the dispute involves injunctive relief pertaining to misuse of the Services or intellectual property (e.g., unauthorized hacking, or if we need to stop someone from misusing data), either party may seek that relief in court. Finally, if you opt out of arbitration (as explained below) or if the arbitration agreement is deemed unenforceable, then disputes would be resolved in court as stated in the Governing Law and Jurisdiction section.

e. Opt-Out Right: You have the right to opt out of the arbitration agreement in this section if you wish. To do so, you must notify us in writing within 30 days of first accepting these Terms (which likely is the first time you use our Service). Send an email or letter to us at the contact address below with a clear statement that you opt out of arbitration, along with your name and contact information. Opting out of arbitration does not terminate any other portion of these Terms – it only means you and we would retain the ability to litigate disputes in court.

If you do not opt out within the 30-day period, you will be deemed to have knowingly and voluntarily waived your right to litigate any disputes in court (except for the small claims and injunctive relief exceptions noted).

f. Fees and Costs: Arbitration fees can vary, but we don’t want cost to be a barrier. In a consumer arbitration, typically we (the company) will pay most of the fees beyond a small filing fee for you (per the arbitration rules). Each side will pay their own attorneys’ fees, unless a law says we have to pay (or if the arbitrator decides a party’s claim or defense was frivolous, they may shift fees accordingly).

The agreements in this Dispute Resolution section shall survive termination of the Services or these Terms.

10. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to these Terms or the Services will be governed by the laws of the State of New York, USA, without regard to its conflict of laws principles, except where superseded by federal US law (such as certain consumer protection laws).

Subject to the Dispute Resolution section above (and any arbitration outcome), you agree that if any lawsuit or court proceeding does arise between you and FasTrax POS, it will be litigated exclusively in the state or federal courts located in the State of New York. You and FasTrax POS both consent to the personal jurisdiction of and venue in such courts. You agree that New York is a convenient forum, and you waive any objection to it (such as arguing the forum is not convenient or trying to move the case elsewhere).

If you reside in a state whose laws require applying that state’s law (or venue) despite this agreement (for example, certain consumer protection provisions that cannot be waived), then those state laws may apply to the extent required. We do not seek to override any non-waivable rights you have under local law.

11. Changes to the Services and Termination

FasTrax POS is constantly improving, and the Services may change over time. We reserve the right to modify, suspend, or discontinue any part of the Services at any time. For example, we may add new features, or we may stop providing the Service in certain areas if laws change. We will not charge you for the Service (as it’s free to users), so changes will mainly impact how you use it rather than any fees.

We may also terminate or suspend your access to the Services (or the Service as a whole) at our discretion, especially if we believe you have violated these Terms, pose a fraud or security risk, or if we are required by law to do so. If feasible, we will provide notice to you (for example, a message on the device or through email if we have it) if your access will be terminated or suspended. FasTrax POS is not liable to you for any termination of your access or changes to the Service, but if you feel a suspension or termination was in error, you can contact us to discuss it.

You are free to stop using the Services at any time. These Terms will automatically terminate when you permanently cease use. However, any provisions of these Terms that by their nature should survive termination (such as those regarding liability, arbitration, and indemnification) will remain in effect.

12. Miscellaneous

• Entire Agreement: These Terms (along with our Privacy Policy and any additional guidelines or terms we provide for specific features) constitute the entire agreement between you and FasTrax POS regarding your use of the Services. They supersede any prior agreements or representations (whether oral or written) about the Services.
• Severability: If any provision of these Terms is found to be illegal or unenforceable, the rest of the Terms will remain in effect. We would, in good faith, modify the offending provision to make it enforceable while preserving its intent, or if that’s not possible, it will be severed and the rest of the Terms will stay valid.
• No Waiver: If we do not enforce a provision of these Terms, that does not mean we waive our right to enforce it later. Any waiver of rights by us must be in writing to be effective.
• Assignment: You may not assign or transfer your rights or obligations under these Terms to anyone else without our written consent. We may transfer our rights and obligations to an affiliate or as part of a merger, acquisition, or sale of our business assets, or by operation of law. These Terms will bind and benefit any successors or assigns.
• No Third-Party Beneficiaries: These Terms are between you and FasTrax POS. No other person or entity has rights to enforce any term of this agreement, except as expressly provided (for example, our affiliates are protected by liability limitations).
• Headings: The section headings in these Terms are for convenience only and have no legal effect.

13. Contact Information

If you have any questions about these Terms, the Services, or if you need to contact us for any reason (including sending required legal notices or requests under these Terms), you can reach us at:

• FasTrax POS LLC – Legal Department
• Email: info@ftxidentity.com
• Mailing Address: P.O. Box 960, Rock Hill, NY 12775, USA
• Phone: +1 (256) 319-3470

Please include in any correspondence your contact information and a clear description of your question or concern. We will do our best to respond promptly.

Thank you for reading and agreeing to these Terms of Use. By understanding your rights and obligations under this agreement, you help us maintain a secure and reliable verification Service. We appreciate your cooperation and trust in FasTrax POS. Enjoy our Services responsibly and lawfully!