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 have the possibility to make payments to a Didit Partner or to another identiy. For details, please refer to our “Additional Conditions for Payments” below.

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.

Additional Conditions for Payments

These additional conditions for payments govern the relationship between you and Didit with respect to the use of Didit‘s payment function. These additional conditions are part of and shall complement the terms of use of Didit.

The Didit Platform has a functionality for processing payments. If a Didit Partner integrates this payment function into its offering, you have the option of making payments to the Didit Partner via Didit. If you authorize a payment via Didit, Didit collects the payment amount through blockchain technology.

Didit will only process payments authorized by you. Didit has no credit for you.

If you use the payment function to purchase goods and services from a Didit Partner, the delivery of such goods or services is governed solely by your agreement with the Didit Partner. Didit is not a party to your contract with the Didit Partner and is not responsible for the performance of this contract.

The Didit Wallet Services consist of a mobile application supported on the Android OS and iOS, desktop applications and extensions, which allows you to create your own cryptocurrency wallet or connect a third party cryptocurrency wallet
IMPORTANT: Didit provides all information “as is” and you may not redistribute information displayed on or provided by the Didit Wallet Services.

1. Activation of the payment function and conditions for use

The use of the payment function requires your prior activation to use the payment function and the corresponding activation of your Didit-Account by Didit.

You can only use the payment function if you are at least 18 years old.

The use of Didit’s payment function for transactions that are illegal or fraudulent is prohibited.

If the verification of your data is successful, Didit activates the payment function for you. Otherwise, Didit will notify you of the missing information or pending steps or refuse to activate.

2. Authorization of the payment order

The prerequisite for the execution of a payment by Didit is the authorization of the payment by you. If you choose to pay with Didit, the Didit Partner will redirect you to the Didit website. Didit will then ask you to log in using your Didit credentials (authentication). The separate login can be omitted if you are already currently logged in to Didit on the device you are using. Before entering your access information and authorizing the payment, you must make sure that you have been redirected to the Didit site. To do this, you must check the address (URL) displayed by your browser and the activated encryption. Please refer to the description of your browser for details.

If the authentication is successful and there are no reasons for refusing the payment, Didit will show you the details of the payment to be authorized and ask you to confirm the payment. For certain payments, an additional confirmation of the payment in the Didit app on your smartphone is required. When you confirm the payment, you are obliged to ensure that there are sufficient funds in the account you have specified for the use of Didit. If the payment details displayed do not match your agreement with the Didit partner, you may not confirm the payment. In this case, you must inform the Didit Customer Service immediately.

Upon confirmation of payment, the payment order is binding. A revocation of the payment order is no longer possible from this point in time.

3. Execution of the payment order

After successful authorization Didit will send you a confirmation of the order. Once the payment has been received, it will be forwarded to the Didit Partner concerned.

Didit is entitled to refuse the execution of the payment order if:

- you have not properly authenticated yourself to Didit or have not properly authorized the payment; or

- the suspicion of fraudulent or illegal use exists. Didit will inform you immediately of any refusal to execute the payment order. As far as possible, Didit will inform you about the reasons for the rejection as well as possibilities to avoid mistakes that led to the rejection. Reasons shall not be given if Didit would thereby be in breach of other legislation.

- up-to-date information on the payments you have authorized can be viewed online in the Didit-Account

4. Reversal of payment

In the event of a reversal of a payment at the instigation of a Didit Partner, Didit will return the amount received from the Didit Partner to your account.

5. Safety and due diligence of the customer

You are obligated to,

  • -keep your access information and personalized security features secret, and
  • -keep your Authentication Instrument safe from access by others, because any other person in possession of the Authentication Instrument may misuse Didit’s payment function in connection with the knowledge of your access information or personalized security features.
    In particular, the following must be observed to protect access information, personalized security features and the Authentication Instrument:
  • -Access information and personalized security features shall not be stored unsecured electronically.
  • -When entering access information and personalized security features, it must be ensured that other persons cannot spy on them.
  • -Access information and personalized security features shall not be disclosed by e-mail or any other means of telecommunication.
  • -The access information and personalized security features shall not be kept together with the Authentication Instrument.

You must follow the security instructions on Didit’s website, in particular the measures taken to protect the hardware and software you use.

Didit will never ask you to provide your access information or personalized security features by telephone or e-mail. Before entering the access information and personalized security features, check that you are in a trustworthy offer.

6. Notification and information obligations

You must notify Didit immediately if you discover the loss or theft of the Authentication Instrument, misuse or other unauthorized use of your Authentication Instrument, access information or personalized security features (blocking notice). You can also submit the blocking notice at any time via the separately provided contact details of Didit.

If you suspect that another person has committed an unauthorized crime.

  • - has obtained possession of your Authentication Instrument or knowledge of your access information or personalized security features, or
  • - uses the Authentication Instrument, your access information, or your personalized security features, you must also issue a lock notification.

You must notify Didit immediately of any unauthorized or incorrectly executed payment.

7. Usage block

At your request, in particular in the event of a blocking notification pursuant to section 7, Didit will block your access to the payment area in the Didit-Account or your access information or personalized security features.

Didit may block your access to the payment area in your Didit-Account or your access information or personalized security features if,

  • - Didit is entitled to terminate these Additional Terms and/or the use of Didit’s payment function for good cause;
  • - there are factual reasons relating to the security of the Authentication Instrument, your access information or personalized security features that justify this; or
  • - there is a suspicion of unauthorized or fraudulent use of the Authentication Instrument. Didit will inform you as soon as possible, but at the latest immediately after the blocking, stating the relevant reasons.

Didit will unblock or exchange your access information, personalized security features, or Authentication Instrument if the reasons for the unblock no longer exist. Didit will inform you of this immediately.

8. Termination

You may terminate the validity of these additional conditions and thus the use of Didit’s payment function at any time without notice and without giving reasons by notifying Didit in writing. The use of Didit’s other services shall not be affected by the termination unless you simultaneously agree to terminate in accordance with the terms of use. The possibility to use the payment function also ends with the termination of the terms of use.

Didit may terminate the application of these additional conditions and thus the provision of the payment function with two months’ notice to the end of the month. The use of the other services of Didit remains unaffected by the termination if Didit does not simultaneously declare the termination in accordance with the terms of use.

The right to termination without notice for good cause remains unaffected.

//End Terms of Service//

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