Gataca Legal Notice
Effective date: September 4th, 2024
1. Introduction
This website (the “Website”) is owned and operated by Gataca Labs S.L.U. (referred to as “Gataca” or “we”, “our” or “us”), a cybersecurity company incorporated under the laws of Spain through our software applications, including but not limited to our cloud-based identity platform for the issuance and verification of identity credentials (“Gataca Studio”), our mobile ID wallet (“Gataca Wallet”), and our website https://gataca.io (the “Website”), jointly referred to as the “Services”.
The Website includes graphics, photographs, artwork, merchandise, images, screen shots, text, digital files, trademarks, logos, product names, slogans, and other materials (the “Content”) provided by Gataca or its licensors.
The terms “you”, “your”, and “user” refer to you as an individual.
These Website Terms (“Terms”) are a legal agreement between you and Gataca.
2. Acceptance of Terms
By accessing the Website or its Content in any way, including, without limitation, browsing the Website, using information obtained from the Website, making a purchase, and/or submitting information to Gataca through the Website, you agree to and are bound by the terms, conditions, policies and notices contained herein (the “Terms”).
3. Access rights
The information contained and accessed on or through the Website is for general guidance and is intended to offer general information of interest. Gataca grants you a limited license to access and use the Website or the Content for personal purposes only.
No other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website or its Contents other than those expressly provided for herein is hereby conferred on you.
In particular, you are not permitted to
Download or modify the Website or the Content, or any portion thereof, without Gataca's express written consent.
Reproduce, duplicate, copy, sell, or exploit the Website or the Content, or any portion thereof, for commercial purposes without Gataca's express written consent.
Create derivative works from the Content.
Use data mining, robots, or similar tools to extract information.
4. Responsible Use
You are obliged and undertake to use the Website and the Content in accordance with the regulations applicable at all times, following the provisions of these Terms and any other notice or instructions made known to you, either by means of these Terms or any other means within the Content, as well as complying with the generally accepted rules of coexistence, respect, morality and good customs.
You are obliged and undertake not to use the Website and its Contents for illicit purposes or effects, prohibited in these Terms or by the applicable regulations, including but not limited to actions that: (a) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) are harassing, abusive, threatening, invasive of another’s privacy, defamatory, false, intentionally misleading, pornographic, patently offensive, promote hatred or physical harm of any kind against any group or individual or are otherwise objectionable; (c) are in violation of any law, regulation, or obligations or restrictions imposed by any third party; (d) attempt to bypass or break any security mechanism on the Website which could pose a security or service risk to us, our clients, or other users; (e) attempt to reverse-engineer the Website in order to find limitations, vulnerabilities, or infringe our Intellectual Property including trade secrets, and copyrighted works; (f) launch or facilitate, whether intentionally or unintentionally, any activity that adversely impacts the availability, reliability, or stability of the Website; (g) transmit any material or data that contains viruses, Trojan horses, spyware, works, or any other malicious or harmful program; (h) engage in any unsolicited advertising, marketing, or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any relevant jurisdiction; (i) attempt to solicit information from individuals without their explicit consent or under false pretenses;
5. Intellectual property rights
All trademarks, trade names, distinctive signs of any kind and any intellectual or industrial property rights over the Website and its Content are the property of Gataca or, where appropriate, of third parties.
Gataca shall remain the exclusive owner of any and all intellectual property rights, whether registered or not, owned, owned or licensed by Gataca. These Terms in no case implies the assignment, transfer, acquisition or license of the Gataca’s intellectual property.
The unauthorized use of the information contained in the Website, as well as any breach of the intellectual or industrial property rights of Gataca or of third parties who have licensed or assigned part of the Content, will give rise to the legally established responsibilities.
Any ideas, questions, answers, suggestions, or comments ("Feedback") provided by you to us shall not be considered confidential or proprietary information. By providing us with Feedback, you authorize us to use it, along with any developments or derivatives thereof, determined at our sole discretion, without requiring additional permission from you or payment of compensation to you.
You agree that (i) by submitting unsolicited ideas to us or any of our representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to us, our employees, or representatives automatically become the property of Gataca. You hereby assign all rights, title, and interest you have in such Feedback and ideas to Gataca, including all intellectual property rights therein.
All copyrights of these Terms are also reserved by the regulations and international treaties of intellectual property that are applicable. Copying, reproduction, transformation, distribution, public communication, making available, withdrawal or use, in whole or in part, by any means whatsoever, is expressly prohibited.
6. Warranties, liabilities, and indemnity
6.1 Warranties
You understand and agree that your use of the Website is at your sole risk. Gataca makes no warranties of any kind, including but not limited to with respect to the Website and the Contents, whether express, implied, statutory, of merchantability, non-infringement or otherwise.
In this regard, Gataca does not guarantee the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through the Website and its Content.
For Service-specific warranties, please visit the applicable service-specific terms.
6.2 Liabilities
Gataca excludes, with the exceptions contemplated in the legislation in force, any liability for damages of any nature, including but not limited to damages that may be due to the lack of availability, security, continuity or quality of the functioning of the Website and the Content, and the non-fulfilment of the expectation of usefulness that you may have attributed to the Website and the Content.
For Service-specific liabilities, please visit the applicable service-specific terms.
6.3 Indemnity
You agree to defend, indemnify, and hold Gataca harmless, including its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Service; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any harmful act toward any other user of the Website with whom you connected via the Website.
Notwithstanding the foregoing, Gataca reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Gataca in the defense of such matter.
6.4 Force Majeure
Gataca will not be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including acts of war, acts of God, pandemia, labor shortages or disputes, governmental acts or failure or degradation of the Internet or telecommunications services. Gataca will give you prompt notice of such cause and will make commercially reasonable efforts to promptly correct such failure or delay in performance.
7. Data protection
In accordance with the applicable data protection regulations, all Personal Data (as defined in Art. 4 of the GDPR) provided while using the Website will be processed in accordance with the provisions of the Privacy Policy and, where applicable, the Cookies Policy, except otherwise stated in the corresponding service-specific terms.
By giving your express consent, you acknowledge and accept the processing of such personal data and declare that all information or data provided is true, current and corresponds to reality.
8. Links to other sites
Our Website may contain links to other sites that are not operated by Gataca. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
If you wish to make us aware of a link to a website with content that you believe is inappropriate or illegal, you may contact us.
9. Communications
Applicable law requires that some of the information or communications sent to you must be in writing. By using the Website, you agree that all communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on the Website or on Gataca's social networks. You consent to use this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition shall not affect your statutory rights.
10. Amendment
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of these Terms. We will strive to provide you advance electronic notice of any material revisions. For other revisions, we will update the effective date of these Terms at the top of the page.
We encourage you to check the effective date of these Terms whenever you use the Website. Your continued access or use of the Website constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Website.
11. Applicable law and jurisdiction
All the conditions included in this document are governed by Spanish law.
Should any dispute arise, please try contacting our support team first to resolve the dispute before bringing a formal legal case.
If you act as a consumer or user, the Spanish Courts and Tribunals shall have jurisdiction in accordance with the terms established in article 52.3 of the Spanish Civil Procedure Act.
12. Contact
In compliance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce and other applicable regulations, the general information details of this website are given below:
Website owner: Gataca Labs S.L.U.
Registered office: Calle Lopez de Hoyos 286, Bajo, B, 28043 Madrid
Contact email: legal@gataca.io
Registration details: Commercial Register of Madrid in Sheet M-707679, Volume 39832, Entry 100
Registration number: B88524525