Terms of Use - Didit Wallet

PLEASE READ THIS TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS, SOFTWARE DEVELOPMENT KITS OR OTHER PRODUCTS OR SERVICES THAT HAVE LINKED TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR OTHER PRODUCTS OR SERVICES.

NOTICE OF CLASS ACTION WAIVER: THE TERMS OF SERVICE INCLUDES A BINDING CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH DIDIT.

These Terms of Service ("Terms") apply to your access to, and use of, our digital identity platform. Didit enables you to store your personal data and to use various services that Didit provides to its users (“Services”), in particular the transfer of all or part of your data to or from partners working together with Didit.

Certain services may be subject to charges, which will be indicated separately in advance.

“Data” in the sense of these terms of use is all personal data stored in your Account concerning you. Personal data is any information relating to an identified or identifiable natural person. This includes in particular the following information: Surname, first name, pseudonyms determined by you, e-mail address, telephone and mobile phone number, residential address, identity card and passport data, driver’s license data, bank account details and other payment data. Personal data is only collected, processed and exchanged between Didit and the Didit within the framework of the applicable legal provisions. For more information on the processing of your data, please refer to our privacy policy.

These terms of use exclusively govern the relationship between you and Didit with respect to the use of the Didit Platform and Services of Didit. Any business transacted between you and the Didit Partners or other third parties is subject exclusively to the provisions agreed between you and the relevant Didit Partners or other third parties.

1. Registration for the use of Didit

In order to be able to use the Services of Didit, you need a Didit-Account. You must register with Didit and store the information requested there. Additional information may be required to make full use of certain Didit Services.

The data you provide during registration or later in your Didit account must be accurate and belong exclusively to you. This also applies for the identification as representative of a legal entity. It is not allowed to store information about bank accounts, e-mail addresses, mobile phone numbers, etc. shared with third parties. You are also obliged to keep your data up-to-date. In the event of abusive or unlawful use of the Services of Didit, Didit is entitled to block your account, to restrict the use of the Services and, if the appropriate conditions are fulfilled, to terminate the contract of use without notice and to delete your account.

The use of Didit Services is only possible after successful registration.

For your own security, Didit will use biometric keys (either Face ID or finger print) for validating electronic transactions and for accessing and administering your data. In case of suspicion of unauthorized use of the access information or personalized security features or disclosure to third parties, Didit has to be informed immediately using the following email: hello@didit.me.

With the confirmation of the creation of your Didit Account, the user agreement between you and Didit comes into effect according to these terms of use. Didit reserves the right to refuse the conclusion of the user agreement without giving reasons.

If, during the registration process, you do not provide all the information requested to create the account, no contract of use will be concluded between you and Didit. In this case, Didit will delete any data already collected.

In case of security concerns, Didit reserves the right to deny you access to certain data and to remove it from your Account.

2. Services

You can store your data in your personal Account. After activating your Account, Didit provides you with various Services that you can use, either in the Didit platform or with a Didit Partner. The Didit Partners themselves decide which services and functions they integrate into their offers. It is therefore possible that not all Services can be used with a Didit Partner. Didit currently offers the following functionalities:

- Authentication: This allows you to send your data to Didit Partners or to log in to Didit Partners using the Didit button with the access data for your Didit-Account. This allows you to use your Didit-Account as a central login, to simplify the registration process with Didit Partners or to import existing data to complete your Didit-Account. With Didit Access you can also use your Didit-Account with the corresponding app as a second security feature to authenticate yourself towards Didit Partners.
- Verification: At Didit you can store your verified identity (especially your identification data) in your Didit-Account and transmit it to Didit Partners. In this way you can fulfill your identification obligation towards the Didit Partner without having to go through a new identification procedure. Please note that there are different levels of trust in the identification process, so that in individual cases it may be necessary to update or complete your verified identity. The data collected to update or complete your verified identity is stored in your Didit-Account. If you go through a new identification procedure, e.g. to update your verified identity, your date stored in your Didit-Account until then may be overwritten. The overwritten data is then no longer available in your Didit-Account.
- Payments: With Didit, you can create a non-custodial wallet and store your credentials or private key locally using webauthn credentials. This enables you to make payments to a Didit Partner or another identity. Didit acts solely as a technology provider. The user is fully responsible for signing and executing any transaction. For asset swaps, Didit utilizes the Uniswap decentralized exchange. Didit merely facilitates these transactions; the actual execution is carried out by the user. Users are solely responsible for keeping their security credentials safe. If users lose their private keys, Didit will not be able to recover them. Please note that when you create a Didit wallet and see balance within your wallet interface, these wallet is not provided to you by Didit, you will have the sole control over this wallet and funds stored there via the private keys you will receive. You may not be able to access your crypto-assets if you lose your private key or other credentials associated to this wallet, with the result that your crypto-asset can be permanently lost for you. Didit will not be able to help you in this case.

3. Availability

Didit shall endeavour to keep the Services of Didit and the Didit Platform available at all times outside necessary maintenance windows.

Didit is entitled to temporarily or also permanently prevent or restrict your use of the Services of Didit or the Didit Platform if and to the extent required for the security of the Didit Platform and/or the systems used for its operation or the data stored on it or by a legitimate interest of Didit.

4. Amendments to these terms of use or agreed additional terms

Didit shall inform you in text/email form of amdendments to these terms of use or agreed additional conditions, highlighting the amendments, at least two months prior to the planned effective date. If you do not object to the amendments within this period of time, this shall be regarded as consent to the amended terms of use or additional conditions. Didit shall make you aware of this consequence again when informing you of the amended terms of use and/or additional conditions.

5. Liability

Unless otherwise provided for in these terms of use including the provisions hereinafter, Didit shall be liable for breach of contractual and extra-contractual obligations in accordance with the statutory provisions.

Irrespective of the legal basis, where liability is based on fault, Didit’s liability for damages caused by intentional acts and gross negligence shall be unlimited. In the event of simple negligence Didit shall be liable only:
for losses arising out of injury to body, life or health; and for losses arising from breach of a material contractual obligation (i.e. an obligation the performance of which is fundamental to the due performance of the contract and the compliance with which the counterparty typically relies upon and is entitled to rely upon); in this case the liability of Didit shall however be limited to compensation for typical and foreseeable loss.

6. Termination

You may terminate the contract of use at any time without observing a notice period and without stating reasons by giving Didit notice in text form. You can also terminate the user contract by deleting your Didit-Account with us. If you delete your Didit-Account, the user agreement between you and Didit ends automatically. You are aware that Didit stores your data for the fulfilment of legal obligations to keep records even after your Didit-Account has been deleted. This applies in particular to the obligation to retain your data for at least 10 years for the purpose of identification for the creation of a qualified electronic signature.

Didit has the right to terminate the contract at any time with two months’ notice to the end of a calendar month.

The right of extraordinary termination remains unaffected for both parties.

In the event of termination of the user agreement, Didit will delete your Didit-Account at the end of the user agreement. From this time on, the use of the Services of Didit and the Didit Platform is no longer possible. As far as data must be kept to comply with any legal storage or retention periods, they will be stored until the expiry of these periods. If data are still required for the processing of outstanding transactions, these data will be deleted at the earliest after the processing of these transactions.

7. Other

Spanish law shall apply, excluding conflict of laws provisions. This shall not affect the applicability of mandatory consumer protection provisions.

Should a provision of these terms of use prove to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the other provisions of these terms of use shall not be affected.