Terms of Use - Gataca Wallet

GATACA Wallet

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

1. INTRODUCTION

Gataca España S.L.U., a Spanish limited liability company, with tax identification number B88524525, duly registered in the Madrid Commercial Register, Volume 39832, Folio 100, Entry 8, Page M707679, and its affiliates (“GATACA” or “we”) provide decentralized digital identity technology through our website www.gataca.io (“the Website”), a backend platform and client applications (collectively “GATACA Platform”) and a mobile application called GATACA Wallet (the “Wallet”).

The Wallet and its electronic interactions with any products and services provided by GATACA, such as the Website or the GATACA Platform, are referred to here as “the Service”.

The Service includes code, images, text, and other materials or third-party content (collectively the “Contents”).

These Terms of Service (“Terms”) apply to your access to and use of the Service.

2. ACCEPTANCE OF TERMS

By clicking on “Create Wallet,” or “Open your Wallet” or by using our Service, whether an individual or a legal entity, you are granted the status of user (hereinafter, the "User" or “you”), and necessarily implies full, complete and unreserved acceptance of each and every one of the conditions included in this document, our Privacy Policy and, if applicable, our Website’s Cookies Policy.

IF YOU DO NOT AGREE TO ALL THE TERMS, THE PRIVACY POLICY AND, WHERE APPLICABLE, THE WEBSITE'S COOKIES POLICY, YOU SHALL REFRAIN FROM USING THE SERVICE.

3. GRANT OF LICENSE TO USE THE WALLET

GATACA hereby grants each User a non-exclusive, non-transferable, revocable license to access the Wallet throughout the Terms applicable to such User as it may exist from time to time and to use any systems and/or communications links furnished by GATACA to Users from time to time solely for the purpose of allowing Users, at their election and without obligation, to use the Wallet.

4. ACCOUNT REGISTRATION AND USER DATA

GATACA cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

4.1 DIDs

When setting up an account with GATACA, you acknowledge and consent to the creation of decentralized identifiers (“DIDs”) on your behalf. DIDs are a new type of identifiers that enable verifiable, decentralized digital identity.

The Wallet will create on your behalf a root DID and one additional DID per entity or individual you share information with, to serve as alias DID. GATACA publishes DIDs and associated public cryptographic keys on one of the supported blockchain networks to serve as on-chain identifiers. You understand and accept that information on blockchain networks cannot be deleted due to the immutability property of such technologies.

4.2 Cryptographic keys

The GATACA Wallet creates on your behalf one or more cryptographic key pairs for each DID. Cryptographic key pairs are composed of one public key and one private key. The public keys will be linked to your DIDs and published on a designated blockchain network.

The private keys will be used by the Wallet to execute signing and encryption or decryption activities within the Wallet. The private keys are stored in the secure enclave of your device and are only accessible by the Wallet using your biometric information (fingerprint or face ID) enabled by hardware-based device capabilities. You shall have biometric capabilities in your device for the use of the Service.

You agree to (a) keep your private keys confidential and to not share it with anyone else and (b) to not enable biometric information from other individuals in your device where the Wallet is installed.

4.3 Verifiable Credentials

With the Wallet you can download, create, store, share and manage personal information in electronic format, following the Verifiable Credentials data model specified by the W3C (“Credentials”). You may (a) download Credentials into your Wallet that contain claims about you and are attested by third-parties, (b) create your own Credentials from the limited set of Credential types offered in the Wallet and (c) share any of the Credentials stored in your Wallet with third parties that have Credential validation capabilities.

GATACA DOES NOT HAVE ACCESS TO, NOR COLLECTS DATA ABOUT DOWNLOADED CREDENTIALS ATTESTED BY THIRD PARTIES OR SELF-ATTESTED CREDENTIALS THAT ARE NOT VALIDATED BY GATACA. GATACA DOES NOT HAVE ACCESS TO, NOR COLLECTS DATA ABOUT HOW CREDENTIALS 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 Service and (B) about Credentials that you explicitly consent to sharing with GATACA for the purpose of accessing other services provided by GATACA.

GATACA can currently issue 3 types of Credentials:

  • Email address (mandatory at registration)
  • Device ID (mandatory at registration)
  • Phone number (optional)

During the GATACA Wallet registration process, you shall provide an email address. Upon successful registration, you will have in your Wallet two Credentials issued by GATACA, one created from the email address you provided, and another Credential with your Device ID automatically retrieved from your mobile device.

The email address provided during the registration process is used as a User account identifier. GATACA will store both your email address and Device ID with the sole purpose of providing the Service and sending you communications related to the Service.

GATACA may also issue Credentials containing your mobile phone number information upon your request via the Wallet interface.

GATACA makes no representation or warranty regarding the veracity or accuracy of Credentials issued by third-parties. You are responsible for complying with the Terms and Conditions that these third-parties may impose on their Credentials and you agree not hold GATACA liable for any infringement of such Terms and Conditions.

4.4 User Data

Your DIDs, your cryptographic key pairs, Credentials licitly obtained and stored in your Wallet, and your backup files are referred to here as “User Data”.

YOU ACKNOWLEDGE AND ACCEPT THAT YOU ARE SOLELY RESPONSIBLE FOR THE CUSTODY OF YOUR USER DATA.

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 does not delete the User Data from your device.

To obtain further information about the processing of the User Data, please visit our Privacy Policy at: https://gataca.io/privacy-policy

4.5 Backup services

GATACA also provides backup and recovery services for the content of your Wallet. The backup file generated by the Wallet includes all your User Data and any other User-specific information. The backup file is stored in a cloud storage system provided by you in any of the cloud services that GATACA supports. The backup file is protected by (a) a 6-digit security code chosen by you and (b) a recovery code consisting of 44 case-sensitive letters provided by the Wallet (collectively, the “Secrets”).

GATACA will not have access to or store any of your Secrets.

You acknowledge and agree that you will be responsible for keeping your Secrets secure, private, confidential and to not share it with anyone else.

5. RESPONSIBLE USE: USER’S RIGHTS AND OBLIGATIONS

You are obliged and undertake to use the Service and its Contents, including the Contents 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 this document or any other means within the Contents that are part of the Service, 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 Contents for illicit purposes or effects, prohibited in this document or by the applicable regulations, harmful to the rights and interests of third parties, or which, in any way, may damage, render useless, overload, deteriorate or impede the normal use of the Contents, the computer equipment or the documents, files and all kinds of contents stored in any computer equipment owned or contracted by GATACA, other Users or any Internet User (hardware and software).

You are obliged and undertake not to transmit, circulate or disclose to third parties any kind of material contained on the Service, such as information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, trademarks, icons, technology, photographs, links, graphic design and source codes, or any other material to which you have access as a User, without this list being limited in nature. Likewise, in accordance with all of the above, the User may not:

(a) Reproduce, copy, distribute, disclose, or in any other way publicly communicate, transform or modify the Contents, unless with the written and explicit authorisation of GATACA, which is the owner or licensee of the corresponding rights.

(b) Delete, manipulate or in any way alter the copyright and other data identifying the reservation of rights of GATACA or its owners, the fingerprints and/or digital identifiers, or any other technical means established for their recognition.

You shall be solely responsible for obtaining and maintaining all hardware, software and services required for you to access and use the Service. You understand and acknowledge that the Service is subject to modifications by GATACA and that such modifications may require you to upgrade your hardware, software or services in order to use the Service.

6. INTELECTUAL PROPERTY RIGHTS

All trademarks, trade names, distinctive signs of any kind or any industrial property rights over the Contents that are provided as part of the Service are the property of GATACA or, where appropriate, of third parties, without it being understood that the use or access to the Service and/or the Contents attributes to you any right over the abovementioned trademarks, trade names and/or distinctive signs or any other industrial property rights, and without it being understood that none of the exploitation rights that exist or may exist over the said Contents have been transferred to you.

The intellectual property rights over the Contents are the property of GATACA or of third parties who have authorised their use, therefore, GATACA or such third parties have the exclusive exercise of the rights of exploitation of the Contents in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.

Under no circumstances does access to the Service imply any kind of permission, waiver, transmission, license or total or partial transfer of said rights by the owners, unless expressly stated otherwise. No other right of use, alteration, exploitation, reproduction, distribution or public communication of the Service and/or its contents other than those expressly provided for herein is hereby conferred on you.

The unauthorised use of the information contained in this Service, 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.

All copyrights of this document are also reserved by the regulations and international treaties of intellectual property that are applicable. Copying, reproduction or dissemination, in whole or in part, by any means whatsoever, is expressly prohibited.

7. SECURITY RISKS, DOWNTIME AND ERRORS

7.1 Security

You understand and agree that Cryptography and blockchain technologies are progressive fields. Technical advances in decryption, quantum computing, or security flaws exploitation may present risks to the Service or the Contents, which could result in unauthorized access to User Data, including your cryptographic key pairs by malicious actors.

GATACA takes security very seriously. GATACA will make all reasonable efforts to continuously update the code underlying the Service and to incorporate new security measures that account for the risks of such technical advances, but does not guarantee full security of the system.

By using the Service or accessing the Contents, you acknowledge these inherent risks.

GATACA is not responsible for possible security errors that may occur during the provision of the Service, nor for possible damages that may be caused to the computer system of the User or third parties (hardware and software), the files or documents stored in the same, as a consequence of the presence of a virus in the computer of the User used for the connection to the Service and the Contents or the use of non-updated versions of the same.

You agree to (a) regularly update the operating system of your device and of any other computing system of the User that interacts with the Service (b) keep the Wallet always updated with the latest available version and (c) immediately notify GATACA of any breach of security or unauthorized use to the Service.

You shall not attempt to gain unauthorised access to this Service or to any server, computer or database related to the Service. You agree not to attack the Service through a denial of service attack or a distributed denial of service attack. 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 co-operate with them to discover the identity of the attacker.

7.2 Downtime and Errors

GATACA does not guarantee the non-existence of interruptions or errors in the Service or its Contents. Consequently, GATACA is not responsible for damages of any kind caused to you as a consequence of errors in the Service or disconnections in the systems and networks that produce the suspension, cancellation or interruption of the Service during the provision of the same.

GATACA, in an effort to mitigate risk inherent to Service errors, will release from time to time, with or without notice, new releases of the Wallet.

7.3 Loss of 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.

You may regain access to your User Data by recovering it from a backup file, but you are responsible for the generation and provisioning of said file and the necessary Secrets.

GATACA will not be held liable for any total/partial loss of User Data.

8. WARRANTIES, LIABILITY AND INDEMNITY

8.1 Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IT AT YOUR SOLE RISK. GATACA makes no warranties of any kind, including but not limited to with respect to the Service and the Contents, whether express, implied, statutory, of merchantability, non-infringement or otherwise.

8.2 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 Service and the Contents, and the non-fulfilment of the expectation of usefulness that you may have attributed to the Service and the Contents. Access to the Service does not imply any obligation on the part of GATACA to control the absence of viruses, worms or any other harmful computer element or program or material.

8.3 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 Service with whom you connected via the Service. 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. COMMUNICATIONS

Applicable law requires that some of the information or communications sent to you must be in writing. By using the Service, 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 Service 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. DATA PROTECTION

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPD), all personal data provided while using the Service will be processed in accordance with the provisions of the Privacy Policy and, where applicable, the Website’s Cookies Policy. By using the Service, each User acknowledges and accepts the processing of such personal data and declares that all information or data provided is true, current and corresponds to reality.

11. LINKS TO OTHER SITES

Our Service 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.

12. AMENDMENT, TERM AND TERMINATION

GATACA advises Users to read this document carefully each time they access the Contents and/or Service hosted and reproduced.

GATACA reserves the right to unilaterally modify these Terms at any time, in whole or in part. The modification shall take effect as soon as it is published in the permanent link or in the conditions associated with the registration. If you do not agree to the modifications introduced, you shall refrain from using the Service.

GATACA may choose to unilaterally interrupt, suspend or terminate access to the Contents, regardless of the provisions of the conditions governing the provision of the Service and/or Contents provided. Such situations shall not alter the validity of the prohibitions on the use of the Contents set forth herein.

GATACA will, if possible, give notice of such circumstances (suspension, interruption or termination of access to the Contents) by including the information referred to through the means of communication it deems appropriate for its wider circulation.

16. AGREEMENT IN ITS ENTIRETY

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.

17. APPLICABLE LAW, JURISDICTION AND VENUE

All the conditions included in this document are governed by Spanish law. All disputes, controversies or situations arising from these Terms shall be submitted to the Courts and Tribunals of the city of Madrid, and the parties expressly waive their jurisdiction.

If the User is a consumer, nothing in this clause shall affect the rights recognised as such by current legislation.

18. CONTACT

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

Date of amendment: 31/08/2021