Gataca Attest | Terms of service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE STARTING TO USE THE Gataca Attest Service.

Gataca Labs S.L.U. and its affiliates (referred to as “Gataca” or “we”, “our” or “us”) is a cybersecurity company incorporated under the laws of Spain that provides digital identity technology through our software applications, including but not limited to our services designed for the issuance of Credentials, the “Attest Service”.

The terms “you”, “your”, “and “user” refer to you as an individual.

These specific Terms of Service (“Terms” or the “Agreement”) is a legal agreement between you and Gataca for the use of the Attest Service.

These Terms include by reference the following additional terms and policies which shall constitute a part of this Agreement: Gataca's Privacy Policy and Cookies Policy.

Credential: tamper-proof electronic document stored in ID Wallets that contains personal information or other attributes about an individual. Its authenticity can be cryptographically verified, following the W3C Verifiable Credentials Data Model or ISO/IEC 18013-5 standards.

End Users: you or any individual who interact with the Gataca Attest Service.

Feedback: any comments, questions, ideas, suggestions, or other input related to the Service.

Personal Data: Data about identified or identifiable natural persons according to Art. 4 of the GDPR.

Wallet: A digital application that allows users to securely store, manage, and share their Credentials.

You must be over 14 years old to use the Gataca Attest Service.

By using Attest Service, you agree to a full, complete and unreserved acceptance of each and every one of the terms included in these Terms.

If you do not agree to all these Terms, you shall refrain from using the Attest Service.

Gataca Attest is a service designed for the issuance of Credentials related to the End User's identity, allowing them to store these Credentials in their Wallet and share them securely and selectively with third parties for authentication and/or access to services.

Gataca Attest can issue a variety of Verifiable Credentials, including Legal Age Credentials, Verified Identity Document Credentials, Phone Credentials and Email Credentials.

Credentials issued through Gataca Attest are generated at the request of the End User and based on the verification of necessary Personal Data. The issuance of a Credential does not imply its automatic acceptance by third-party service providers, which may establish their own verification requirements.

Once issued, Credentials may be stored and managed within the Gataca Wallet or any other compatible digital wallet, provided they integrate the Gataca Attest service. As such, Gataca Attest is integrated into the Gataca Wallet for a seamless user experience, and is also available as an independent service.

The End User retains full control over their Credentials and may choose to share, update, or delete them at any time.

Each Credential is subject to an expiration period, as determined by Gataca. End Users are responsible for ensuring their Credentials remain valid and up to date. Expired Credentials may no longer be usable for verification purposes.

Gataca reserves the right to suspend or revoke any issued Credential under the following circumstances:

• A. If the Credential was issued based on inaccurate, fraudulent, or outdated information.
• B. If the Credential is misused or used for unlawful, fraudulent, or deceptive purposes.
• C. If required by law, regulatory authorities, or competent judicial or administrative orders.
• D. If the End User violates these Terms or any applicable legal or regulatory requirements.
• E. If Gataca determines that the continued use of the Credential poses a security risk or may compromise the integrity of the service.
• F. If updates to credential schemas or standards require the reissuance of a new Credential to ensure compliance, interoperability, or improved security.

In the event of suspension or revocation, Gataca will make reasonable efforts to notify the End User, except where prohibited by law or regulatory obligations. End Users may contact Gataca (as per clause 13) to request further information or appeal a suspension or revocation decision. Upon revocation, the Credential will no longer be valid for verification purposes. The End User may be required to undergo a new verification process to obtain a replacement Credential.

The removal of a Credential from a digital wallet, including the Gataca Wallet, does not automatically result in the deletion of the Personal Data used to issue it. End Users may exercise their right to erasure in accordance with the provisions set forth in clause 9 (Data Privacy).

By using the Attest Service, you acknowledge and agree that you are solely responsible for the accuracy, legality, and completeness of the information you provide, including any Personal Data shared during the verification and issuance process. You must ensure that all data provided is accurate, up-to-date, and truthful. Failure to provide accurate information may result in the inability to process your request or a denial of services.

You are responsible for ensuring that your information technology, software, and platform are securely configured to access the Attest Service. It is also your responsibility to use up-to-date antivirus software and cybersecurity protections to safeguard your system.

You agree to use the Attest Service solely in accordance with these Terms, as they are in effect, and all applicable laws and regulations. In this regard, you shall not, directly or indirectly:

• A. use the Attest Service for any illegal, fraudulent, or unauthorized purposes, including, but not limited to, falsifying, manipulating, or misusing the issued credentials, or attempting to impersonate another individual or entity, or misrepresent your identity.
• B. attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Attest Service or any software, documentation or data related to it;
• C. attempt to gain unauthorized access to the Attest Service or to any server, computer or database related to the service;
• D. launch or facilitate, whether intentionally or unintentionally, any activity that adversely impacts the availability, reliability, or stability of the Attest Service;
• E. use the Attest Service for competitive analysis or to build competitive products;
• F. modify, translate, or create derivative works based on the Attest Service;
• G. rent, lease, distribute, sell, sublicense, transfer, or provide access to the Attest Service to a third party;
• H. remove any proprietary notices or labels.

You are responsible for your use of the Attest Service and all consequences that arise from it, especially if it involves actions that breach relevant laws, the rights of third parties, established best practices, or these Terms.

In the event that you violate these Terms or engage in illegal activities, Gataca reserves the right to suspend or terminate your access to the Attest Service.

Also, failure to comply with this clause may lead to the commission of offenses punishable by the applicable regulations. Gataca may report the violation to relevant authorities and cooperate with them to identify and take appropriate action against violators.

6.1 Security

Gataca shall take appropriate and effective security measures to ensure the proper and uninterrupted functioning of the Attest Service, in compliance with applicable laws and recognized industry standards.

Gataca is committed to providing the maximum levels of protection for the Attest Service, by regularly updating the underlying code and integrating advanced security features to address emerging risks, such as those related to data encryption and quantum computing, or artificial intelligence. Our security efforts also cover network security, data management, and the handling of operational and security incidents. However, despite these ongoing efforts, Gataca cannot guarantee that the Attest Service will be completely secure, uninterrupted, or free from bugs or viruses.

For further details on our security practices, you can visit our Trust Center, where we provide updates on our ongoing efforts to safeguard data and maintain service reliability.

6.2 Accuracy

While we take extensive steps to verify the accuracy and security of the data provided, inaccuracies or discrepancies may occur during the verification process, affecting the validity of the issued Credentials. As such, Gataca does not guarantee that all Credentials will be free from inaccuracies or discrepancies.

End Users are responsible for reviewing their Credentials and must request corrections to Gataca (as per clause 13) if the information is incorrect, incomplete, or outdated. Modification requests must include supporting documentation and will be assessed by Gataca in accordance with verification procedures.

If discrepancies arise, Gataca will make reasonable efforts to provide alternative solutions, such as reissuing the Credential or guiding the End User on how to update source data. However, Gataca reserves the right to deny modification requests if verification requirements are not met.

6.3 Downtime

There may be occasions where the Attest Service may be unavailable due to scheduled maintenance, upgrades, or circumstances beyond our control such as internet outages, force majeure events, or hardware failures. We will make reasonable efforts to minimize any downtime and to promptly restore the Attest Service to full functionality. Gataca will, if possible, give notice of such circumstances by including the information referred to through the means of communication it deems appropriate for its wider circulation.

Gataca does not guarantee the non-existence of interruptions or errors in the Attest Service. We will make all commercially reasonable efforts to keep the service available to you 100% of the time.

6.4 Modifications

The developments, improvements and upgrades may refer to performing any functional, technical, or technological modifications from time to time (i) to accommodate changes in the Attest Service (ii) to maintain or correct any possible malfunction or anomaly that has been detected during the use of the Service; (iii) to accommodate changes in the applicable Law, and/or (iv) whenever Gataca deemed useful or necessary, or simply for the achievement of better or new functionalities.

You understand and acknowledge that the Attest Service is subject to modifications by Gataca and that such modifications may require you to reissue replacement Credentials.

Gataca makes no warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Attest Service, including but not limited to warranties of merchantability, non-infringement, or the absence of interruptions or errors in the Attest Service.

Gataca excludes, with the exceptions contemplated in the legislation in force, any liability for: (a) lost profits, revenues, business opportunities, goodwill or anticipated savings; (b) indirect or consequential losses; (c) rejection of Credentials by third-party services due to mismatched data, outdated records, or failure to meet their specific criteria; (d) consequences derived from unauthorized or negligent use of your Wallet or device; (e) punitive damages; (f) losses not caused by our breach of these Terms or by our actions; (g) losses that neither we nor you can foresee at the time these Terms come into force, or events beyond our control; (h) damages that may be due to the lack of availability, security, continuity or quality of the functioning of the Attest Service; (i) the non-fulfilment of the expectation of usefulness that you may have attributed to the Attest Service; and/or (j) any error related to the accuracy of the information provided by the End User to issue the Credentials, including liability arising from its falsity or fraud.

Without prejudice to the aforementioned, if you are acting as a consumer you are entitled to all the legal rights granted to consumers by your country's legislation.

When an End User requests Gataca to issue one of these Verifiable Credentials, Gataca will collect Personal Data necessary to carry out such request. The categories of data processed vary according to the type of credential requested.

Particularly, the issuance of Legal Age and Verified Identity Document Credentials involves an identity verification process. When required, the Attest Service will follow the commonly accepted steps for remote identification, including a liveness test and the scanning of an official identity document. The goal is to collect official identity data for inclusion in the Credential and ensure that the data belongs to the End User making the request.

By using Attest, you acknowledge that their Personal Data will be processed in accordance with Gataca’s Privacy Policy and, where applicable, the Cookies Policy. If the credentials are stored in a different wallet, we advise you to consult the corresponding privacy policy to understand how their data will be processed.

Credentials issued by Gataca and stored in the Gataca Wallet will remain in your device until you delete them. If you delete a credential from your Gataca Wallet, the associated data will be removed from your device. However, this does not affect any copies retained by the Attest Service. To request the blocking or deletion of such data from the Attest Service, you must contact us at dpo@gataca.io.

The Attest Service are protected by copyright, trade secret, and other intellectual property laws.

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 over the Attest Service, software or any other information and documentation owned by Gataca. You are only authorized to use the Gataca’s intellectual property when you have an explicit and unequivocal permission, and in the manner specified by Gataca in these Terms and associated with the Attest Service.

Any new intellectual property generated during the term of this Agreement and in connection with the Attest Service, improvements, enhancements or modifications thereto, and all intellectual property rights related thereto, and/or Gataca technology shall, in any case, automatically and exclusively belong to Gataca.

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.

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.

Every time you wish to use Attest Service, please check the Terms to ensure you understand agree with the Terms in force.

These Terms and any document expressly referred to in these Terms constitute the integral agreement between you and Gataca in relation to the subject matter of these terms and conditions and supersede all other prior agreements, understandings or promises made between you and Gataca orally or in writing in relation to the subject matter of these Terms.

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.

For the resolution of all disputes, controversies or situations arising from these Terms that cannot be resolved through our support team the Spanish Courts and Tribunals shall have jurisdiction in accordance with the terms established in article 52.3 of the Spanish Civil Procedure Act.

For users who are not acting as consumers and users, the Courts and Tribunals of the city of Madrid shall have jurisdiction, renouncing any other jurisdiction that may correspond to them.

If you have any questions, comments or suggestions regarding the Terms, please send such comments, suggestions and queries to legal@gataca.io.