Terms of Use – Procivis One Verifier
Version: 26.09.2024
1.0 Introduction
These specific Terms of Use (“Terms”) is a legal agreement between you and Procivis AG (“Procivis”) for the use of our digital identity and credential Verification App “Procivis One Verifier”, herein referred to as the (“Verifier”).
The Procivis One Verifier offers the possibility for requesting information (i.e., digital identity credentials) from an “End User” identity wallet, obtaining End User consent, receiving the contentand checking the authenticity, integrity, validity and revocation status of digital identity credentials (“Credentials”) through a trust infrastructure.
2.0 Acceptance of Terms
The installation of the Verifier on your mobile phone and the use of the Verifieris voluntary.
To use the Verifier, you must review and accept these Terms. By clicking on “Accept”, indicating acceptance electronically, or by accessing or using ou rVerifier, 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 fromthird parties.
IF YOU DO NOT AGREE TO ALL THESE TERMS, YOU SHALL REFRAIN FROM USING THEVERIFIER.
3.0 Intellectual Property
All intellectual property rights in and to the Verifier, 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 Verifier, any updates, or any part of the Verifier.
4.0 License
Untiltermination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Procivis grants a non-exclusive,non-transferable, revocable license to you for the purpose of using the Verifier on any mobile device that you own and or control. Specifically: (i) if you participate in a Procivis project, you can use the Verifier for the purpose of participating in the project, including to provide feedback on the usability of the Verifier; and (ii) otherwise, you can use the Verifier for the sole purpose of evaluating the capabilities of the Verifier, (iii) you will not use the Verifier for commercial purposes unless otherwise agreed by us in writing and (iv) you will not use Personally Identifiable Information (PII) including but not limited to social security number, full name, email address or phone number.
Procivis may, at any time and without notice, upgrade, update, replace or discontinue the Verifier, and/or change the terms on which the Verifier is offered (including as to any charges that may apply).
Unless otherwise specified by Procivis, these Terms govern all versions of the Verifier,including any upgrades or updates provided or otherwise made available by Procivis.
Procivis reserves all other rights in the Verifier.
5.0 Operator and EndUsers
By downloading and onboarding to the Verifier, you are granted the role of “Operator”.
Operators may use the Verifier to request digital identity credentials from the wallets of “End Users” that wish to share their credentials for a specific “Purpose”.
THE “PURPOSE” MUST BE INDICATED TO THE END USER WHEN REQUESTING CREDENTIALS IN-CLUDING THE WAYS YOU USE, DISCLOSE AND MANAGE END USERS’ DATA (E.G., VIA PRIVACY POLICY).
Procivis has no direct or indirect warranty, indemnification or other liability or obligation of any kind to the End Users.
6.0 Operator Data
Your information (incl. technical data such as DIDs, cryptographic key pairs and credentials) licitly ob-tained from End Users and stored in your Verifier, your backup files, and any other data, provided to you are referred to here as “Operator Data”.
YOU ACKNOWLEDGE AND ACCEPT THAT YOU ARE SOLELY RESPONSIBLE FOR THE SAFEGUARD-ING, LEGALITY, RELIABILITY, INTEGRITY, ACCURACY AND QUALITY OF YOUR OPERATOR DATA.
Procivis makes no representation or warranty regarding the veracity or accuracy of requested Cre-dentials from wallet End Users or from other Third Parties.
You are responsible for complying with the applicable legal provisions as well as terms and conditions that End Users and Third Parties may impose on their Credentials. Furthermore, you agree not to hold Procivis liable for any infringement of such terms and conditions.
You are responsible for your End Users’ Content. You must ensure all End Users comply with these Terms.
Procivis does not provide any support or services to End Users.
7.0 Third Party Services and Materials
The Verifier may interact with Third Party Services (e.g., credential wallets) and display, or make avail-able 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 exam-ining 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 incon-sistent 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 Verifier to access and interact with Third Party Ser-vices that you are acting in compliance with all the relevant service’s terms and agreements, and that you are authorized to do so.
8.0 Data Processing
Procivis may collect, use, disclose and otherwise deal with technical data and related information, in-cluding technical information about your mobile device, system and application software, and periph-erals, that is gathered to facilitate the provision of software updates, product support, and other ser-vices related to the Verifier. 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.
9.0 Warrantiesees
YOUUNDERSTAND AND AGREE THAT THE USE OF THE VERIFIER IS AT YOUR SOLE RISK.
The Verifieris provided strictly on an “as is” and “as available” basis with no express orimplied warranty or representation of any kind, including but not limited to:
· theaccuracy, merchantability, non-infringement, or fitness of the Verifier for anyparticular purpose;
· theaccuracy or completeness of any data, information or content (including anytext, graphics, links or other items) contained in or made available throughthe Verifer or through any platforms, including third party platforms, Procivismay use to communicate with you in relation to the Verfier;
· thatthe Verifer will be updated or supported by Procivis at any particularfrequency or any particular period of time, or that the Procivis Verifier willsupport the creation and maintenance of backups;
· thatuse of the Verifier will be uninterrupted or error-free; or
· thatthe Verifier will be free of viruses, worms, denial of service attacks, orother harmful components or codes.
Withoutlimiting our express warranties and obligations hereunder, we hereby disclaimany and all other warranties, expressed or implied, including but not limitedto warranties of merchantability, non-infringement, fitness for a particularpurpose, and warranties related to third-party equipment, material, services,or software.
YOUREPRESENT AND WARRANT THAT YOU HAVE PROVIDED ADEQUATE NOTICES AND OBTAINED THENECESSARY PERMISSIONS AND CONSENTS TO REQUEST DATA OF END USERS FOR USE ANDDISCLOSURE PURSUANT TO YOUR OWN PRIVACY POLICY.
YOU REPRESENT ANDWARRANT THAT YOU WILL NOT USE PERSONALLY IDENTIFIABLE INFORMATION (PII) OF ENDUSERS WITH THE VERIFIER.
10.0 Liability
Under nocircumstances will Procivis be liable to you, with the exceptions contemplatedin the legislation in force, for any indirect, special, incidental,consequential or punitive damages, including but not limited to damages thatmay be due to the lack of availability, security, continuity or quality of thefunctioning of the Service and the Components or the non-fulfilment of theexpectation of usefulness that you may have attributed to the Verifier, such aslost profits, lost sales or business, work stoppage, computer failure ormalfunction, or lost data.
Procivis’aggregate liability arising out of or related to these Terms for any directdamages, costs, or liabilities will not exceed the amount actually paid orpayable by you to Procivis under these Terms in the twelve (12) monthsimmediately preceding the claim. This section shall not limit your liabilityarising from your breach of these terms or your indemnification obligationspursuant to these Terms.
11.0 Indemnity
You agree to defend, indemnify, and hold Procivis 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 (includ-ing End Users) due to or arising out of: (1) your contributions; (2) use of the Verifier; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your viola-tion of the rights of a third party, including but not limited to intellectual property rights; or (6) any harm-ful act toward any End User or Third Party with whom you connected via the Verifier. Notwithstanding the foregoing, Procivis 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 Procivis in the defense of such matter.
12.0 Amendment
We may revise these Terms from time to time. If we do, the revised Terms will supersede prior ver-sions. 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 Verifier. Your con-tinued access or use of the Verifier constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Verifier.
13.0 Termination
We may unilaterally terminate these Terms and access to the Verifier for any reason at any time.
You may only terminate the Terms by uninstalling and ceasing to use the Verifier.
14.0 Miscellaneous
These Terms and any document referred to constitute the integral agreement between you and Prociv-is in relation to the subject matter of these Terms and supersede all other prior agreements, under-standings 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
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.