Gataca Vouch | Terms of Service for End Users

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE STARTING TO USE THE Gataca Vouch Services.

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 decentralized digital identity technology through our software applications, including but not limited to our services designed to facilitate single sign on authentication and age assurance services, collectively referred to as “Vouch Services”.

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 Vouch Services.

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.

DIDs (Decentralized Identifiers): randomly generated decentralized identifiers, as defined in the W3C Recommendation Decentralized Identifiers (DIDs) v1.0.

End Users: you or any individual who interact with Third Parties through Vouch Services.

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.

Third Party: an organization that uses Vouch Services to verify End-User attributes.

User Data: Credentials and any other information provided by End Users to Gataca to access Third Party services.

You must be over 14 years old to use the Gataca Vouch Services.

By using Vouch Services, 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 Vouch Services.

Gataca Vouch is an add-on product within Gataca Studio designed to facilitate secure information exchange between an End User and Third Parties, with Gataca acting as a trusted intermediary.

When End Users access a Third Parties service that uses Vouch for authentication, accepting these terms authorizes us to access the necessary Credentials from your Wallet or obtaining any other personal information (“User Data”) required to provide the required response to the Third Party. Before transferring your required information to the Third Party, we will request your explicit consent to proceed with the authentication response.

Sometimes, this process requires us to request Personal Data. In this process we will clearly inform you about the information we need you to share with us in order to deliver a response to the Third party, and which specific information will then be transferred to the Third Party.

We will only request the minimum set of Credentials necessary to provide the response to the Third Party, and we will only share the minimum information necessary to provide the response.

Once we send this response to the Third Party, we will delete all Credentials and any other personal information received. The only data we will retain is proof of your consent to share this information, which may include your DID.

Where User Data includes Personal Data, clause 9 below (Data Protection) of these Terms will apply.

To use the Vouch Services for age assurance, you may need to provide either Legal Age Credentials (for Age Verification) or facial images (for Age Estimation).

You are responsible for ensuring that the information you provide to Gataca is truthful, accurate, and appropriate.

Gataca will temporarily process your Legal Age Credentials or facial images to verify your age. However, we do not use biometric templates or facial recognition for identification or authentication. Your images are not stored, shared, or linked to your identity. Our processing follows strict data minimization principles and complies with privacy regulations such as GDPR, where applicable.

Gataca will not share your Legal Age Credentials or facial images with the Third Party. Instead, we will only provide an anonymous authorization token indicating whether you meet the required legal age.

Once we send this response to the Third Party, we will delete the Legal Age Credential or facial images received. The only data we will retain is proof of your consent to share this information, which may include your DID. We will not store any details about your identity, location, IP address, relationship with the Third Party, device type, language, or any other personally identifiable information.

You will use the Vouch Services only in compliance with these Terms, then in effect and all applicable laws and regulations.

You shall not, directly or indirectly:

• A. attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Vouch Services or any software, documentation or data related to it;
• B. attempt to gain unauthorized access to the Vouch Services or to any server, computer or database related to the service;
• C. launch or facilitate, whether intentionally or unintentionally, any activity that adversely impacts the availability, reliability, or stability of the Vouch Services; use the Vouch Services to engage in dangerous and illegal activities including its use for purposes other than those intended;
• D. use the Vouch Services for competitive analysis or to build competitive products;
• E. modify, translate, or create derivative works based on the Vouch Services;
• F. rent, lease, distribute, sell, sublicense, transfer, or provide access to the Vouch Services to a third party;
• H. remove any proprietary notices or labels;
• I. attempt to access another user’s account, impersonate a person or organization, or misrepresent your identity.

You are responsible for your use of the Vouch Services 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.

Access to the Vouch Services may be suspended if Gataca determines that you have committed multiple violations or a material breach of these Terms.

Also, failure to comply with this clause may lead to the commission of offenses punishable by the applicable regulations. We will report any such breach to the relevant authorities and will cooperate with them to discover the identity of the attacker.

Gataca shall take appropriate and effective security measures to ensure the proper execution of the Vouch Service, in compliance with applicable laws and current quality standards.

Gataca is committed to providing the maximum levels of protection for Vouch, by continuously updating the code underlying the Vouch Service and incorporating new security measures to mitigate the risks to the Vouch arising from data encryption and quantum computing. This also includes implementing appropriate measures for network security, data management, and the management of operational and security incidents.

However:

• We do not guarantee that Vouch Services will be completely secure, uninterrupted, or free from bugs or viruses.
• You are responsible for configuring your information technology, software, and platform to access the services securely.
• You should use your own up-to-date antivirus and cybersecurity protections.

Gataca is not liable for damages resulting from unauthorized use of your device or network services.

For more information on our security measures, you may visit our Trust Center, where we publish details on our efforts to ensure data protection and service reliability.

Gataca makes no warranties of any kind, including but not limited to with respect to the Vouch Services, and the User Data, whether express, implied, statutory, of merchantability, non-infringement or the absence of interruptions or errors in the Vouch Services; however, we will make commercially reasonable efforts to ensure the Vouch Services remains available to you as consistently as possible.

Our Age Estimation service provides an approximate assessment of your age. We do not guarantee its accuracy, nor do we claim that it works consistently for all individuals. Gataca set an age threshold above the legally required minimum for accessing certain content or purchasing specific goods and services to address accuracy limitations in the service. Therefore, we accept no liability or responsibility if our Age Estimation service prevents you from gaining access whether because you appear younger than your actual age, or in case you meet the minimum age requirement but are only slightly above it and Age Estimation still rejects you. In those cases, we will provide Age Verification services as an alternative method to ensure that you can complete the process without difficulty.

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) punitive damages; (d) losses not caused by our breach of these Terms or by our actions; (e) losses that neither we nor you can foresee at the time these Terms come into force, or events beyond our control; (f) damages that may be due to the lack of availability, security, continuity or quality of the functioning of the Vouch Services; (g) the non-fulfilment of the expectation of usefulness that you may have attributed to the Vouch Services; and/or (h) any error related to the accuracy of the User Data, 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.

In accordance with the applicable data protection regulations, all Personal Data (as defined in Art. 4 of the GDPR) provided by you or to you while using the Vouch Services will be processed in accordance with the provisions of our Privacy Policy and, where applicable, the Cookies Policy. By using the Vouch Services, 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.

The Vouch Services 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 Vouch Services, 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 or order forms and associated with the Vouch Services.

Any new intellectual property generated during the term of this Agreement and in connection with the Vouch Services, 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 Vouch Services, 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.