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Procivis One Wallet – Terms of Use

Last updated
21 March 2024

1. Introduction

These specific Terms of Use (“Terms”) is a legal agreement between you and Procivis AG (“Procivis”) for the use of our decentralized digital identity and credential Mobile App “Procivis One Wallet”, herein referred to as the (“Wallet”).

The Wallet allows the request, storage, management and transmission of verifiable credentials. It also offers the possibility for selectively transmitting information from verifiable credentials to a requester when an information request is made.

2. Acceptance of Terms

The installation of the Wallet on your mobile phone and the use of the Wallet is voluntary.

To use the Wallet, you must review and accept these Terms. By clicking on “Create Wallet,” or “Open your Wallet”, indicating acceptance electronically, or by accessing or using our Wallet, you agree to a full, complete and unreserved acceptance of each and every one of the Terms.

This Agreement includes:

  • Procivis’ Privacy Policy & Cookies Policy
  • Any terms provided separately to you for the Service, including product terms, payment terms, data processing agreements, 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 WALLET.

3. Intellectual Property

All intellectual property rights in and to the Wallet, including copyright, are owned by Procivis or its licensors or assignees. Other than as expressly provided in these Terms, nothing in these Terms operates to transfer or assign ownership of intellectual property rights, or confers on you any right, title or interest in or to any of Procivis’ intellectual property rights or to any third-party intellectual property rights.

You must not reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, copy or create derivative works of the Wallet, any updates, or any part of the Wallet.

You own your Content. When you transfer your Content into our Services, you grant us a non- exclusive, transferable and sublicensable license to use, copy, communicate, transmit, store, analyze, adapt and back up all transferred data to provide the Services and Materials to you.

4. Licence

Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Procivis grants to you a non-exclusive, non-transferable, revocable license to you for the purpose of using the Wallet on any Mobile Device that you own and control. Specifically: (i) if you participate in a Procivis pilot, you can use the Wallet for the sole purpose of participating in the pilot, including to provide feedback on the usability of the Wallet; and (ii) otherwise, you can use the Wallet for the sole purpose of evaluating the capabilities of the Wallet and (iii) you will not use the Wallet for commercial purposes unless otherwise agreed by us in writing.

Procivis may, at any time and without notice, upgrade, update, replace or discontinue the Wallet, and/or change the terms on which the Wallet is offered (including as to any charges that may apply).

You must not distribute the Wallet or in any way make it available to any third party.

Unless otherwise specified by Procivis, these Terms govern all versions of the Wallet, including any upgrades or updates provided or otherwise made available by Procivis.

Procivis reserves all other rights in the Wallet.

5. Data Processing

Procivis may collect, use, disclose and otherwise deal with technical data and related information, including technical information about your Mobile Device, system and application software, and peripherals, that is gathered to facilitate the provision of software updates, product support, and other services related to the Wallet. Procivis may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. The Procivis Privacy Policy applies for the use of such data.

6. Warranties

YOU UNDERSTAND AND AGREE THAT THE USE OF THE WALLET IS AT YOUR SOLE RISK.

The Wallet is provided strictly on an “as is” and “as available” basis with no express or implied warranty or representation of any kind, including but not limited to:

  • the accuracy, merchantability, non-infringement, or fitness of the Wallet for any particular purpose;
  • the accuracy or completeness of any data, information or content (including any text, graphics, links or other items) contained in or made available through the Wallet or through any platforms, including third party platforms, Procivis may use to communicate with you in relation to the Wallet;
  • that the Wallet will be updated or supported by Procivis at any particular frequency or any particular period of time, or that the Procivis Wallet will support the creation and maintenance of backups;
  • that use of the Wallet will be uninterrupted or error-free; or
  • that the Wallet will be free of viruses, worms, denial of service attacks, or other harmful components or codes.

7. Liability

Under no circumstances will Procivis be liable to you, with the exceptions contemplated in the legislation in force, for any indirect, special, incidental, consequential or punitive damages, 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 its Components or the non-fulfilment of the expectation of usefulness that you may have attributed to the Wallet and the Components, such as lost profits, lost sales or business, work stoppage, computer failure or malfunction, or lost data.

8. Third Party Services and Materials

The Wallet may interact with third party services (e.g., links to other sites) and display, or make available certain third-party data, information or content (“Third Party Materials”). You interact with third party services and use the Third Party Materials at your own risk. Procivis is not responsible for examining or evaluating the content or accuracy of any Third Party Materials, and will not be liable in relation to any Third Party Materials. You must not use the Third Party Materials in any manner that is inconsistent with the Terms or that infringes the intellectual property rights of Procivis or any third party.

You are solely responsible for complying with the terms of any applicable third-party agreement or license terms that apply in connection with such Third Party Materials.

You represent and warrant that, when using the Wallet to access third-party services that you are acting in compliance with all the relevant service’s terms and agreements, and that you are authorized to do so.

9. Amendment

We may revise these Terms from time to time. If we do, the 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 encourage you to check the effective date of these Terms whenever you use the Wallet. 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.

10. Termination

We may unilaterally terminate these Terms and access to the Wallet for any reason at any time.

You may only terminate the Terms by uninstalling and ceasing to use the Wallet.

11. Miscellaneous

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

Any notice required to be given under these Terms shall be given in writing and delivered via email to legal@procivis.ch if to Procivis and if to you, via the email of the contact person added by you during the sign up process for the Service.

Should a provision of the Terms be void or ineffective, this shall not affect the Terms in general.

This Agreement shall be governed by substantive Swiss law. Any dispute or controversies arising out of or in connection with this Agreement shall be submitted to the competent court in the city of Zurich.

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