Gataca Wallet | Terms of service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE STARTING TO USE THE GATACA WALLET

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 mobile ID wallet (the "Wallet"), and our identity platform for companies ("Gataca Studio").

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 Wallet.

These Terms include by reference the following additional terms and policies which shall constitute a part of this Agreement:

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.
• Additional terms and conditions, which may include those from third parties.

App: the Gataca mobile application installed on End User’s mobile devices.

Content: any graphics, photographs, artwork, images, screen shots, text, digital files, trademarks, logos, product names, slogans, other materials, and third-party content included in the Wallet.

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.

Cryptographic Keys: Cryptographic material associated with DIDs and used by the Wallet to execute signing and encryption or decryption activities on End User’s behalf.

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

End User: you or any natural person that uses the Wallet.

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

User Data: DIDs, Cryptographic Keys, Credentials licitly obtained and stored in your Wallet, your backup files, and any other data, included but not limited to your Personal Data that you provide to us or to our Clients.

Wallet Account: unique instance of the Wallet created after downloading the App, allowing End Users to securely store, manage, and share Credentials.

You must be over 14 years old to use the Wallet.

By clicking on “Create Wallet,” or “Open your Wallet”, indicating acceptance electronically, or by accessing or using the Wallet, 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 Wallet.

Gataca provides a digital identity wallet service in the form of a mobile application (“Wallet”) that allows End Users to securely store, manage, and share digital credentials, including personal information and other verified attributes in the form of Credentials. Credentials are stored in your mobile device.

The Wallet operates on a user-controlled basis, meaning End Users retain full ownership and control over their Credentials.

In order to use the Wallet you must access Google Play or Apple Store and download the application (hereinafter "App"). Once the App is downloaded, you must provide a valid email address, and accept these Terms to create your Wallet account.

The creation of a Wallet account and the use of the Wallet are free of charge.

When setting up a Wallet account with Gataca, you acknowledge and consent to the creation of DIDs and associated Cryptographic Keys on your behalf. Cryptographic keys are composed of one or more public key and associated private keys. The private keys will be used by the Wallet to execute signing and encryption or decryption activities within the Wallet. Gataca does not have access to private keys, ensuring that only the End User can decrypt and share their credentials. You agree to keep your private keys confidential and to not share them with anyone else.

You are only granted the right to use the Wallet and only for the purposes described by Gataca.

Until termination of these Terms and as long as you comply with these Terms, Gataca grants to you a non-exclusive, non-transferable, revocable license to you for the purpose of using the Wallet, at your election and without obligation. Gataca reserves all other rights in the Wallet.

These Terms shall be in force for as long as you have the App installed.

You will use the Wallet only in compliance with these Terms, then in effect and all applicable laws and regulations. You shall also be responsible for maintaining the security of your account and of the device you install the App.

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 Wallet or any software, documentation or data related to the Wallet;
• B. interfere with any license key mechanism in the Wallet or otherwise circumvent mechanisms in the Wallet intended to limit the authorized use;
• C. attempt to gain unauthorized access to the Wallet or to any server, computer or database related to the Wallet;
• D. launch or facilitate, whether intentionally or unintentionally, any activity that adversely impacts the availability, reliability, or stability of the Wallet service;
• E. use the Wallet to engage in dangerous and illegal activities including its use for purposes other than those intended;
• F. use the Wallet for competitive analysis or to build competitive products;
• G. modify, translate, or create derivative works based on the Wallet or its Content;
• H. rent, lease, distribute, sell, sublicense, transfer, or provide access to the Wallet to a third party;
• I. remove any proprietary notices or labels;
• J. attempt to access another user’s Wallet Account, impersonate a person or organization, or misrepresent your identity.

Access to the Wallet and any associated Wallet Accounts may be suspended, as outlined in Clause 14, if Gataca determines that you have committed multiple violations or a material breach of these Terms. Additionally, you may be barred from creating a new Wallet Account.

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.

You acknowledge and accept that you are solely responsible for the custody of your User Data.

You acknowledge and accept that in the event of loss, damage or stolen mobile device, or due to service errors, you may experience a total/partial loss of User Data.

Gataca does not have access to, nor collects data about Credentials or how they are used or shared with third parties.

Notwithstanding the foregoing, you acknowledge and accept that Gataca stores information (a) about Credentials that are issued by Gataca, for the sole purpose of providing the requested Credential, (b) about Credentials that you explicitly consent to sharing with Gataca, and (c) about Credentials that are issued by third parties or shared with third parties by means of our cloud-based Gataca Studio platform.

Where User Data includes Personal Data, clause 10 below (Data Protection) of these Terms will apply.

Gataca makes no representation or warranty regarding the veracity or accuracy of your Credentials issued by you or third parties, or regarding the use of any or all of your Credentials in your relationship with third parties. You are responsible for complying with the Terms and Conditions that these third parties may impose on Credentials issued to you or on your use of their services and you agree not hold Gataca liable for any infringement of such terms and conditions.

You have the ability to delete all User Data from your device via the Wallet interface. You acknowledge and accept that deleting the App from your device without deleting User Data from the Wallet interface first will not delete the User Data from your device.

8.1 Security

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

Gataca is committed to providing the maximum levels of protection for the Wallet, by continuously updating the code underlying the Wallet and incorporating new security measures to mitigate the risks to the Wallet and its Contents 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.

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

8.2 Downtime

There may be occasions where the Wallet 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 Wallet to full functionality. Gataca will, if possible, give notice of such circumstances (suspension or interruption of access to the Wallet and the Content) 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 Wallet or its Contents. We will make all commercially reasonable efforts to keep the service available to you 100% of the time.

8.3 Developments, improvements and upgrades

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 Wallet or its operation, (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 Wallet is subject to modifications by Gataca and that such modifications may require you to upgrade your hardware or operating system.

9.1 Warranties

You understand and agree that your use of the Wallet is at your sole risk. Gataca makes no warranties of any kind, including but not limited to with respect to the Wallet, the Content, and the User Data, whether express, implied, statutory, of merchantability, non-infringement or the absence of interruptions or errors in the Wallet or its Content; however, we will make commercially reasonable efforts to ensure the Wallet remains available to you as consistently as possible.

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.

9.2 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 Wallet and the Content, any total/partial loss of User Data and the non-fulfilment of the expectation of usefulness that you may have attributed to the Wallet and the Content.

Additionally, except as otherwise provided by applicable law, Gataca shall have no liability for: (a) the accuracy, effectiveness, or completeness of the Credentials that are stored in the Wallet, unless they are issued by Gataca (see clause 10); (b) any mistakes you make when uploading the required information in the Wallet; and for any: (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;and/or (e) losses that neither we nor you can foresee at the time these Terms come into force, or events beyond our control.

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.

9.3 Indemnity

To the extent permitted by applicable law, specifically if If you are business user or an organization, 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 use of your User Data; (2) your use of the Wallet; (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 Service with whom you connected via the Wallet.

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.

9.4 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.

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 Wallet will be processed in accordance with the provisions of our Privacy Policy and, where applicable, the Cookies Policy. By using the Wallet, 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 Wallet incorporates Gataca’s own Credential issuing service, Gataca Attest. This service enables you to request and obtain various types of Credentials, including but not limited to Email Credentials, Phone Credentials, Verified Identity Document Credentials, and Legal Age Credentials to Gataca.

While Gataca Attest is integrated into the Wallet for a seamless experience, it is also available as an independent service. This means that Credentials issued by Gataca can be stored and managed in other compatible digital wallets, provided they integrate the Gataca Attest service.

By using Gataca Attest within the Wallet, you acknowledge and accept that the issuance and management of Credentials are subject to the Gataca Attest Terms of Service and our Privacy Policy.

The Wallet and the Content 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 Wallet, 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 Wallet.

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

You will receive notifications via email or within the Wallet regarding any changes or updates to these Terms. It is essential to regularly check for notifications to stay informed about any modifications to these Terms.

Your continued access or use of the Wallet constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Wallet.

14.1 Termination

You may terminate these Terms at any time, by deleting your account via the Wallet interface and deleting the App.

14.2 Suspension

Gataca may unilaterally interrupt, suspend or terminate these Terms and access to the Wallet and the Content at any time in any of these cases: (a) if you breach these Terms substantially or repeatedly or any Gataca’s policies; (b) if we are required to do so to comply with a legal requirement or a court order; (c) if we have sufficient reason to believe that your conduct (such as hacking, impersonation, harassment, spamming, deceit, or any other) causes harm or incurs liabilities to a user, a third party, or Gataca.

Gataca will give notice of such circumstance by including the information referred to through the means of communication it deems appropriate for your knowledge.

If you believe your Gataca account has been suspended or terminated in error, you can appeal the decision by contacting Gataca at legal@gataca.io.

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.