Terms of use

1. Introduction

Gataca España S.L.U and its affiliates (referred to as “Gataca” or “we”, “our” or “us”) is a cybersecurity company that provides decentralized digital identity technology through our software applications (collectively, “Gataca Platform”), including but not limited to our website https://gataca.io (“Website”), a cloud-based end-to-end solution (“Gataca Studio”), our on-premise applications GATACA Certify and GATACA Connect and a mobile application (“Gataca Wallet”).

“Services” herein refer to any and all website, application (web, mobile, desktop, cloud-based or otherwise), APIs, or other services provided by GATACA.

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

The terms “you”, “your”, “and “Client” refer to you, whether you are an individual or a legal entity. These Terms of Service (“Terms”) is a legal agreement between you and GATACA.

2. Acceptance of Terms

To use the Services, you must review and accept these Terms. By clicking “I Agree,” indicating acceptance electronically, or by installing, accessing or using our Services, you agree to a full, complete and unreserved acceptance of each and every one of the terms included in these Terms. Unless otherwise stated in the corresponding Service-specific terms, you must be over 14 to be able to access or use the Services.

These Terms include by reference:

• GATACA’s Privacy Policy

• GATACA’s Cookies Policy

• GATACA’s service-specific terms, including, but not limited to, GATACA Wallet Terms of Service and GATACA Studio Terms of Service, when applicable.

• Any terms provided separately to you for specific Services, including product terms, payment terms, etc.

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

IF YOU DO NOT AGREE TO ALL THESE TERMS, YOU SHALL REFRAIN FROM USING THE SERVICES.

3. Your rights to use the Services

The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services. No other right of use, alteration, exploitation, reproduction, distribution or public communication of the Services and/or its Contents other than those expressly provided for herein is hereby conferred on you. GATACA reserves all other rights in the Services.

4. Definition

• Services: The GATACA Platform and any other online products and services provided by GATACA.

• End User: Person that uses the GATACA Wallet or Clients’ own customers/users that view and interact with our Services as part of the Client’s resources.

• Authorized User: Person authorised by a Client to configure, manage and administer the Services on Client’s behalf.

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

• DIDs: As per the W3C recommendation, DIDs are globally unique persistent identifiers that do not require a centralised registration authority and are often generated and/or registered cryptographically.

• Verifiable Credentials (VCs): As per the W3C recommendation, VCs are tamper-proof digital credentials whose authorship can be cryptographically verified.

• Cryptographic keys: Cryptographic material associated to DIDs and used by the Services to execute signing and encryption or decryption activities on End User’s or Client’s behalf.

5. Responsible Use

You are obliged and undertake to use the Services, 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 Services, 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 Services and its Contents for illicit purposes or effects, prohibited in this document 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 Services which could pose a security or service risk to us, other Clients or End Users; (e) attempt to reverse-engineer the Services 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 Services; (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; (j) create false identities, DIDs, Verifiable Credentials, or any other attempt to use the Services for nefarious purposes.

6. Intellectual property rights

All trademarks, trade names, distinctive signs of any kind and any intellectual or industrial property rights over the Services and its Contents are the property of GATACA or, where appropriate, of third parties.

Under no circumstances does access to the Services imply any kind of permission, waiver, transmission, license or total or partial transfer of said rights.

The unauthorised use of the information contained in the Services, 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. Warranties, liabilities, and indemnity

7.1 Warranties

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

For Service-specific warranties, please visit the applicable service-specific terms.

7.2 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 Services and the Contents, and the non-fulfilment of the expectation of usefulness that you may have attributed to the Services and the Contents.

For Service-specific liabilities, please visit the applicable service-specific terms.

7.3 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 End User or Client of the Services with whom you connected via the Services. 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.

7.4 Force Majeure

No Party will be liable for any failure or delay in its performance under the terms of this Proposal 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. The Party incurring in a delay will give the other Party prompt notice of such cause and will make commercially reasonable efforts to promptly correct such failure or delay in performance.

8. Data protection

In accordance with the applicable data protection regulations, all Personal Data provided while using the Services 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 using the 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.

9. Links to other sites

Our Services 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.

10. Communications

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

11. Amendment and termination

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

We may suspend access to the Services immediately if: (a) you commit any material breach of these Terms, including reference documents specified in section 2; (b) there is reason to believe the traffic created from your use of the Services or your use of the Services is fraudulent or negatively impacting the operating capability of the Services; (c) we determine, in our sole discretion, that providing the Services is prohibited by applicable Law, or it has become impractical for any legal or regulatory reason to provide the Services; or (d) subject to applicable Law, you become the subject of liquidation, bankruptcy, change of control, or any similar proceedings.

12. 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.

In the case of any conflict between these Terms and any Service-specific terms, the latter shall prevail.

13. 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.

You agree that all disputes, controversies or situations arising from these Terms that cannot be resolved through our support team shall be resolved by the Courts and Tribunals of the city of Madrid.

14. Contact

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