NOTE: We are currently test driving Virginia Mobile ID.
These Terms and Conditions apply when you, an applicant, add a Driver's License or Identification Card ("Credential") issued by the Virginia Department of Motor Vehicles ("DMV") to an application ("Digital Wallet") that will allow you to present the digital or mobile form of your Credential ("Mobile ID") to verify your identity, demographics, and driving privileges with merchants, government entities, law enforcement, and other requesters instead of presenting your physical state-issued credential according to Virginia law. DMV reserves the right to update these Terms at any time and without notice as permitted by law, and your continued use of this mobile ID constitutes agreement to all such changes.
Use of the Mobile ID
You may elect to add a digital or electronic version of your physical Credential to the Digital Wallet. The Credential may be added to the Digital Wallet by following the instructions of the Digital Wallet provider. Only applicants with a valid physical Credential will be eligible to create and add their Mobile ID to the Digital Wallet. The Mobile ID will not be the only form of Credential issued to you. A physical Credential may be required to be presented in certain circumstances, including but not limited to interactions with law enforcement. Adding your Credential to the Digital Wallet enables you to use the Mobile ID wherever it is accepted. Every place that accepts the physical identification card may not accept the Mobile ID. DMV does not control the use or acceptance of the Mobile ID for purposes unrelated to DMV business. By submitting information to DMV to add your Credential to the Digital Wallet, you affirm and certify under penalty of perjury that you are not impersonating another individual, collecting information about another individual, or violating any local, state, or federal laws or regulations. Knowingly providing false or fraudulent information may result in civil and criminal penalties. Fraudulent use of the Mobile ID may result in civil and criminal penalties for the user.
Terms that Apply
In addition to DMV's Terms and Conditions as outlined in this Agreement, you will be subject to the terms and conditions of your Digital Wallet provider. You understand and agree that the terms and conditions provided by the Digital Wallet provider are distinct from the Terms and Conditions of DMV and that DMV is not a party to the terms and conditions of the Digital Wallet provider. DMV has no control over the use of the Digital Wallet. DMV is not responsible for the security or function of the Digital Wallet, or any third-party products or services utilized by the Digital Wallet provider. The Digital Wallet provider may impose restrictions and limitations that affect your ability to use the Mobile ID. DMV is not responsible for conditions or limits set by the Digital Wallet provider on using the Mobile ID. You understand and agree that the mobile device service carrier or Digital Wallet provider is solely responsible for its products and services.
Suspension/Removal of a Card
DMV reserves the right to discontinue offering or supporting the Mobile ID or the Digital Wallet for any reason and without notice. Prohibited use of the Mobile ID, including, but not limited to, unauthorized use of or entry into DMV systems or misuse of information or security credentials, is prohibited and will result in suspension, cancellation, or revocation of your Mobile ID. You may not use the Mobile ID in any fraudulent, misleading, or otherwise unlawful or unauthorized manner. Upon learning of any violation of these Terms or any local, state, or federal law or regulation related to using the Mobile ID or related physical Credential, DMV may suspend, cancel, or revoke the Mobile ID without notice. You agree that DMV will not be liable to you or any third party for any suspension, cancellation, or revocation of the Mobile ID. Suspension, cancellation, or revocation of the Mobile ID may or may not affect the status of your physical credential.
Privacy and Security
The data that passes between you and DMV while using the Mobile ID will be encrypted. By using the Mobile ID, you acknowledge and accept that there is a risk of interception of information by third parties. DMV is not liable for any loss or damage you may incur in the event of such interception or security breach. DMV is not obligated to inspect the use of the Mobile ID but may do so to ensure proper performance of the Mobile ID features and prevent criminal activity. Such inspection may result in the acquisition, recording, and analysis of all data being communicated, transmitted, processed, or stored by you or by DMV. You acknowledge that DMV may disclose information about you to other persons or organizations when DMV is required or authorized by local, state or federal laws or regulations.
By provisioning your Mobile ID through the Digital Wallet, you are sending information to DMV and giving DMV permission to access your driver's license or identification card record to compare the information you have supplied to the Digital Wallet provider with the information contained on your most recent driver's license or identification card record. This comparison is necessary to prevent fraud and ensure you are the person associated with this record before approving the issuance of your Mobile ID and adding the Mobile ID to the Digital Wallet.
DMV Use of Data
The information provided to DMV to provision the Mobile ID to the Digital Wallet will not be used for monitoring or tracking purposes. DMV will compare the information you have supplied to the Digital Wallet provider with the information contained on your most recent driver's license record or identification card record to verify your identity. DMV may share data with the Digital Wallet provider related to verifying your information to finalize the verification of your identity and provision the Mobile ID to the Digital Wallet. Information sent to DMV will become part of your existing DMV driver records and Credential. DMV only releases information you provide in accordance with State and Federal laws, including Virginia Code §46.2-208 and 18 USC § 2721, et. seq. DMV relies on information from the Digital Wallet provider to verify eligibility for provisioning the Mobile ID to the Digital Wallet. DMV is not responsible for any errors or omissions in the data or processes of the Digital Wallet provider. When adding your Credential to the Digital Wallet platform, the information you provide will be shared with the Digital Wallet provider and DMV. You acknowledge that by using the Mobile ID, you agree and give DMV consent to share information (including information that may personally identify you) with the Digital Wallet provider to facilitate your use of the mobile ID. You further agree that DMV may share non-personal information with the Digital Wallet provider to improve the Digital Wallet service. DMV does not control the privacy or security of your data held by the Digital Wallet provider, which is governed by the privacy policy given to you by the Digital Wallet provider.
By acknowledging these Terms and Conditions, you consent to DMV sharing your personal and driver information with the Digital Wallet provider and for DMV to finalize the verification of your identity to provision the Mobile ID. The Digital Wallet provider may store this data per its policies, terms, and conditions on the use of its product. By using the Digital Wallet provider's software or application to provision the Mobile ID, you understand and agree to allow the Digital Wallet provider to store the data provided by you through the Digital Wallet on their servers or within their network. DMV is not responsible for the loss or exposure of data or any injury caused by such loss or exposure resulting from the Digital Wallet provider storage data provided through the Digital Wallet platform or from adding the Mobile ID to the Digital Wallet. For more information about the Digital Wallet provider's data storage, please refer to the terms and conditions provided by the Digital Wallet provider.
Use of the Mobile ID
When you use your Mobile ID, you authorize and give consent to DMV to release your information.to you. Sharing information available through your Mobile ID with a third party is at your discretion and under your control. DMV’s release of information to you upon your request through use of the Mobile ID is not releasing information to a third party.
Disclaimer of Warranty and Limitation of Liability
The information and services on the Mobile ID are provided on an "AS IS" and "AS AVAILABLE" basis. DMV does not warrant the information or services provided herein or your use of the Mobile ID for any particular purpose. DMV disclaims all warranties, expressed or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a specific purpose. DMV will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you through the Mobile ID. DMV does not guarantee the accuracy, validity, timeliness, or completeness of any information or data made available to you through the Mobile ID for any particular purpose.
DMV is not responsible for the function of the Digital Wallet or actions taken by the Digital Wallet provider that may affect your access to or use of the Mobile ID. DMV is not liable or responsible for any loss or damage that you incur in the event of any failure or interruption of this Mobile ID. DMV is not liable or responsible for any loss or damage resulting from or in connection with any errors, acts, or omissions in the technical operation or content of the Mobile ID. DMV is not liable or responsible for any action in connection with an investigation by DMV law enforcement or other authorities regarding your use of the Mobile ID or any other claim relating to your access to, inability to access, or use of the Mobile ID. In no event will DMV, any related third parties or affiliates be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential, or incidental damages or any other damages of any kind, even if DMV or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any malware or software upgrade which may impact a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other connection issues, unauthorized access, theft, operator errors, or any force majeure event.
DMV cannot and does not guarantee continuous, uninterrupted, or secure access to the Mobile ID.
In no event will DMV or its affiliates be liable to you or anyone else for any loss or injury.
By accessing the Digital Wallet, you agree to indemnify, defend, and hold DMV, its vendors, contractors or affiliates harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your breach of this agreement.
- Your violation of any local, state, federal law, rule, or regulation.
- A claim by a third party that is based on your use of the Mobile ID.
- Information or material posted or transmitted through your computer or account, even if not submitted by you.
- Any actual or perceived misrepresentation made by you.
- The theft, misappropriation, or disclosure of your credential.
- Your authorizing or giving permission to anyone else to use your credential.
You agree to cooperate as fully and reasonably required in DMV's defense of any claim. DMV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of DMV.
Miscellaneous
These Terms and Conditions shall be governed by and construed under the laws of the Commonwealth of Virginia, without regard to conflicts of law provisions. The parties unconditionally waive their respective rights to a jury trial. The venue for any action or dispute arising from these Terms and Conditions shall be in the appropriate Virginia Circuit Court. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between DMV and you concerning the Mobile ID, and it supersedes all prior or contemporaneous communications, agreements, and understandings between DMV and you concerning the subject matter hereof.
These terms were last updated November 2023.