1. Who May Use the Services
You may use the Services only if you agree to form a binding contract with Notabene ID GmbH (“we” or “us”) and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must have the legal capacity to form a binding contract with us under the applicable law. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
2. Privacy and disclosure of Information
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
3. Your AccountYou need to create an account to use our Services. You warrant that all Information you provide is accurate, current and complete and that you have, or have obtained, all rights, licenses, consents, permissions, power and authority to provide us with such Information. You acknowledge that (i) we will carry out all necessary searches to verify your Information, and (ii) we will not be able to complete any ID verification and ID issuance services until you have provided all required Information.
You shall maintain and promptly update your Information in your account and promptly notify us if you discover or otherwise suspect any security breaches related to the Services.
You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. Your account should be kept personal to you and not shared with other people.
You are responsible for your use of the Services in connection with the Concordium blockchain, including compliance with applicable laws, rules, and regulations. Any use or reliance on the Concordium blockchain on any related services or offerings is at your own risk and you acknowledge that we exclude all liability to the extent permitted by applicable law. We do not operate, endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of the Concordium blockchain on any related services or offerings for which the Services can be used. We do not monitor or control the Concordium blockchain on any related services or offerings and we cannot take responsibility for the Concordium blockchain on any such related services or offerings.
4. Using the Services
Your use of the Services must not violate any applicable laws, including copyright, patent or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Services complies with laws and any applicable regulations.
You may not use, or encourage, instigate, promote, facilitate or instruct others to use, the Services for any illegal, harmful, fraudulent, infringing, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, ethnically or otherwise offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, ethnically or otherwise offensive.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may suspend or terminate the use of issued IDs.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers, (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, (iii), or (iv) interfere with, or disrupt, (or attempt to do so), the access to the Services, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services.
5. Your License to Use the ServicesWe give you a personal, worldwide, non-assignable, and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms.
Nothing in the Terms gives you a right to use our name or any of our logos, domain names, other distinctive brand features, and other proprietary rights. All right, title and interest in and to the Services (excluding Information provided by you) are and will remain the exclusive property of us and our licensors. Any feedback, comments, or suggestions you may provide regarding us or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6. Third Party Software
The Services may utilize or include third party software that is subject to free and open source and/or third party license terms (“Third Party Software”). You acknowledge that your right to use such Third Party Software as part of the App is subject to and governed by the terms and conditions of the respective open-source license initiative or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein.
7. Ending These TermsYou may end your legal agreement with us at any time by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us, (iii) the ID issued to you should be removed due to unlawful conduct, (iv) your account should be blocked due to prolonged inactivity, or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you through the Services the next time you attempt to access the Services, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: sections 2, 5, and 6. For the avoidance of doubt, these Terms survive the deactivation of your ID or the termination of the contractual relationship with you.
8. Disclosure of Information
9. Limitations, Release and Indemnification
By using the Services you agree that our liability, and that of our parent(s), affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors, is limited to the maximum extent permissible in your country of residence.
If you have a dispute with one or more users of the Services or anyone associated with the Concordium blockchain or any related services or offerings, you agree to release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the the Services, including but not limited to your violation of these Terms, provided that we (i) promptly gives you written notice of the claim, demand, suit or proceeding, (ii) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability), and (iii) provides to you all reasonable assistance, at your expense.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://notabene.id/terms-of-service-to-idiss, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of any changes to these Terms that impact the rights or obligations of any party to these Terms, for example via our website or other communication channels. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
We expressly reserve the right to charge fees in the future for the use of the Services or additional features.
If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Notabene ID GmbH. If you have any questions about these Terms, please contact Notabene ID GmbH.
These Terms are governed by the laws of Switzerland. The United Nations Convention on the International Sale of Goods shall not apply. Any disputes arising under or in connection with these Terms are subject to the exclusive jurisdiction of the courts of the city of Zug.
Effective: July, 9th, 2021