Gataca | End User License Agreement

Thank you for choosing Gataca!

This agreement constitutes a binding contract between you and Gataca Labs S.L.U. and its affiliates (Gataca), hereinafter referred to as "we," "our," or "us." Gataca is a cybersecurity company duly incorporated under the laws of Spain. The terms “you” or “your” refer to the end user of the Gataca services (“End User”). This agreement applies to your access and use of the Services listed below, including any Gataca software updates related to them (“Service” or “Services”). The Services are intended to enable users to verify their identity with designated third parties and to confirm their identity or age securely through our platform.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS OR USE THE SERVICES. IF YOU AGREE TO THIS AGREEMENT, YOU ARE ENTITLED TO THE RIGHTS DESCRIBED BELOW. BY ACCESSING OR USING ANY SERVICES, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THE TERMS, YOU MAY NOT USE THE SERVICES.

BY USING ANY SERVICE, YOU CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION REQUIRED TO PROVIDE, IMPROVE, AND UPDATE THE SERVICES. TO LEARN MORE ABOUT THE DATA COLLECTED, SEE OUR PRIVACY STATEMENT.

You understand and agree that we may change the agreement from time to time, and any such changes will be effective on the date we post the modified agreement on the Gataca website. Your continued use of Services following the publication of the amended agreement constitutes your consent to be governed by its terms.

Gataca collects only the personal information required to verify your identity through our Services and shares with the designated Third Party only the Credentials or information necessary to determine whether you are authorized to access the requested service, acting as a secure intermediary.

For the purposes of this agreement: (i) a “Third Party” is any authorized service, organization, or entity that interacts with the End User through Gataca’s Services to request verification of identity or other personal attributes; and (ii) “Credentials” is an electronic document stored in ID Wallets with your personal or other relevant information required for authentication and identity verification.

These services are delivered through:

a. ID Wallet: a mobile app that enables the request, storage and management of Credentials on a mobile device, so you can then share identity attributes with Third Parties.

b. Attest: a service with Gataca acting as a trusted issuer that transforms your verified personal information into Credentials, which you can then store in your ID Wallet. Gataca validates the authenticity of the information you provide—directly or through reliable sources—before issuing the corresponding Credentials. These Credentials allow you to prove specific attributes (such as identity, age, or qualifications) to Third Parties using your ID Wallet.

c. Vouch: enables a Third Party to verify a user's identity through Gataca’s secure information exchange between the End User and Third Party. For age verification and age estimation with Vouch, legal age Credential or a facial image may be required by Gataca to validate the user’s legal age for the Third Party. Learn more about our temporary use and deletion of your facial image at Gataca's privacy policy.

The Services are licensed to you for your personal, non-commercial use. You are responsible for ensuring your personal data or information is accurate, legal, complete and current to ensure the Services work properly. Providing false or outdated information may result in suspension or denial of access without any notice to you.

You must also keep your account, device, and systems secure, using up-to-date antivirus software and appropriate security measures.

You are responsible for your use of the Services and any consequences that result, especially if your actions violate laws, third-party rights, or this Agreement.

The Services are licensed to you, not sold. Gataca reserves all other rights. Unless applicable law gives you more rights beyond this limitation, you will not (and have no right to) use any Service in any manner other than as expressly permitted under this Agreement and applicable laws. Therefore, unless expressly authorized by Gataca, you shall not, directly or indirectly:

• Use the Service for illegal, fraudulent, or unauthorized activities, including falsifying, manipulating, or misusing credentials, impersonating another person or entity, or misrepresenting your identity.
• Bypass technical restrictions.
• Reverse engineer, decompile, disassemble, or access the Service’s code or underlying infrastructure.
• Engage in activities that harm the Service’s availability, reliability, or stability.
• Use the Service to spread malware.
• Share benchmark results or develop competing products without Gataca’s approval.
• Modify, translate, or create derivative works from the Service.
• Remove, minimize, block, or alter notices or labels from Gataca or third parties.
• Rent, lease, distribute, sell, sublicense, transfer, publish, or provide access to the Service to others without prior written approval from Gataca.

By providing feedback about the Services to Gataca, you grant us the unrestricted right to use, share, and commercialize it without the need for further authorization or compensation. Do not submit feedback that would require Gataca to license its Services or documentation to third parties due to your input being incorporated in our Services. This right survives termination of this agreement.

The Services may include or allow access to Third-party applications, websites, or software. Your use of these Third-party applications is subject to their own license terms and policies, which may be different from this agreement. Gataca is not responsible for the content, functionality, or security of Third-party applications.

Gataca reserves all rights, titles, and interests in and to the Gataca Services, including the underlying technology and software, all associated documentation and content, including digital versions, as well as all related intellectual property and proprietary rights. Other than the limited rights expressly granted to access and use the Gataca Services in accordance with this agreement, no provision herein shall be construed as granting or transferring any intellectual property or proprietary rights of Gataca to any party, including End Users.

Gataca retains full ownership of its trademarks, service marks, brand names, and logos (Gataca Marks).

Our Privacy Statement explains how we collect and use your personal information for Gataca Services. By using any service, you acknowledge reading and understanding the Privacy Statement.

Gataca is not required by this agreement to provide support for the Services. Any support that may be provided is offered on an "as is" basis, with all faults, and without any warranty.

We may update this agreement. Any revised version will supersede prior versions and will be effective on the date indicated at the top of the agreement, unless otherwise specified. It is your responsibility to stay informed of any updates. Continued access to or use of the Services constitutes your acceptance of the revised agreement. Gataca may notify End Users about our Services electronically, including by email, within our Services, or on our website.

The Services may be modified or updated periodically for improvement, maintenance, compliance with applicable laws or issue resolution. These changes may occasionally require you to update your information. As a result, there may be occasions when the Services are temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond Gataca’s control, such as internet outages, force majeure events, or hardware failures. By using the Services, you acknowledge and accept these modifications and updates without additional notice.

Without limiting any other rights, Gataca reserves the right to terminate this agreement should you fail to adhere to its terms and conditions, or if required to comply with applicable laws, court orders, or regulatory obligations. In such a situation, you are required to remove the Services.

This agreement and any additional terms provided by Gataca in the future constitute the entire agreement for the Services.

The law of the country, province, or state where you live (or, if a business, where your principal place of business is located) governs the interpretation of this agreement, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims) regardless of conflict of laws principles.

THE SERVICES ARE LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. GATACA GIVES NO EXPRESS WARRANTIIES, GUARANTEES, OR CONDITIONS. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE FREE FROM VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. GATACA EMPLOYS MULTIPLE MEASURES TO ENSURE THE ACCURACY, RELIABILITY, AND SECURITY OF ITS SERVICES, INCLUDING DATA VERIFICATION AND AGE ESTIMATION PROCESSES, HOWEVER INACCURACIES OR DISCREPANCIES MAY STILL OCCUR DUE TO THE QUALITY OR INTEGRITY OF THE DATA. AS SUCH, GATACA DOES NOT GUARANTEE THE PRECISION OR VALIDITY OF ANY RESULTS, CREDENTIALS, OR ASSESSMENTS GENERATED THROUGH THE SERVICES. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED, GATACA EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE DISCLAIMER OF WARRANTY ABOVE, YOU CAN RECOVER FROM GATACA ONLY DIRECT DAMAGES UP TO $5.00 USD (OR EQUIVALENT IN YOUR LOCAL CURRENCY). FOR CONSUMERS IN EUROPE (EU) AND THE EUROPEAN ECONOMIC AREA (EEA), YOU CAN RECOVER FROM GATACA ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU ARE A CONSUMER OUTSIDE OF THE EU/EEA, YOUR DIRECT DAMAGES MAY NOT EXCEED $5.00 USD (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY). WHERE SERVICES ARE PROVIDED TO YOU FOR NO FEE, YOU MAY NOT RECOVER ANY DAMAGES RELATED TO THE USE OF SUCH NO FEE SERVICES. YOU ALSO CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.

This limitation applies to (a) anything related to the Services, software, content (including code) on third party Internet sites, or third-party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law. It also applies even if Gataca knew or should have known about the possibility of the damages.

If you have any questions, complaints, or claims about the Services, please contact Gataca at legal@gataca.io.