TERMS OF USE TRUST&TRACE

This is an unofficial English translation of the TRUST&TRACE Terms of Use. It is not a legal translation of the Terms governing the use of TRUST&TRACE. The Terms of Use are exclusively determined by the original German text. However, we hope that this translation will help non-German speaking users to better understand these Terms of Use.

1. Scope of the terms of use, subject to chance

(1) These terms regulate the contractual relationship between the user („User“) of
TRUST&TRACE basic services and the evan GmbH (“Provider“) as provider of
TRUST&TRACE, business address Antonstraße 3a, 01097 Dresden, Germany,
regarding access to

a. the TRUST&TRACE basic version, a software-as-a-service offering for creating
and managing identities (individually: the “Identity”) for companies and
products and for managing and sharing trust through verifiable credentials
(“VC”) between identities,

b. the associated website, the associated tools, the access to the services and the
modules offered,

c. as well as storage solutions, if applicable.
In summary, points a, b, and c are hereinafter referred to as „Service“ and “ basic
Service”.

(2) References to the “User” are references to the user of the Service as an individual
or company, any organization, or other party on behalf of whom these Terms of
Use are accepted.

(3) By registering on this platform, the User acknowledges the validity of these Terms
of Use. Any terms and conditions of the User that are contrary to or deviate from
these Terms of Use shall only be accepted by the Provider by means of an
expressly written confirmation.

(4) The currently valid Terms of Use can be accessed, saved, and printed out under
https://trust-trace.com/wordpress/wp-content/uploads/2020/10/ToU_en_v01.pdf

(5) To ensure the use of the various components and modules of the Service, the
Terms of Use may need to be updated from time to time. Amendments will only
be made if the Terms of Use are no longer applicable or if they are incomplete and
only if the amendments are reasonable with regard to the interests of the User.
The Provider will inform the User about the changed conditions when logging in to
the Service, will specifically point out the new regulations and will ask the User to
confirm the changed conditions. In the event of non-confirmation, the Provider
may restrict access to the Service. He will expressly draw the User’s attention to
this legal consequence.

2. Signing of the contract and user account

(1) Through completion of the online registration process and creation of an identity,
a contract regarding these Terms of Sse between Provider and the User is
concluded. Subject of the contract of use is the access to the Service as well as the
possibly chargeable use of further services, which are provided in the Service, both
by the Provider and by other users. A claim to the signing of the contract does not
exist. The Provider reserves the right to block and not allow individual users if there
are important reasons.

(2) For the creation of an identity, the creation of a user account is required. This
consists of an e-mail address, as username and access identification, and a
password, “login data”. The User is solely responsible for securely storing his login
data. During the creation of the identity, the provider automatically creates a
public key (“evan.network address”) and a Decentralized Identifier (“DID”), with
which the identity can be clearly identified and accessed.

(3) For the creation of an identity, the input of personal data is not necessary, except
the e-mail address and voluntarily name and position in the company. If the User
decides to use personal data in the creation of an identity the User warrants that
this data is accurate, complete and kept up-to-date by the User.

(4) For future modules and their use, the Provider may provide separate terms of use.
These take precedence over the provisions of this agreement. If nothing or nothing
to the contrary is regulated in the special terms of use, these Terms of Use shall
apply.

(5) The User has to inform the Provider immediately if he becomes aware that third
parties are using the login data without permission or misuse. In this case the
Provider is entitled to block the access (temporarily). The User can demand the
deactivation of his registration at any time in text form.
In any communication and interaction of the User with other users or third parties,
any contractual relationships arise exclusively between the participating users.
The Provider is neither a representative nor will it become a contractual partner
itself. The same applies to any other legal relationships between the User and third
parties. It is not an activity of the Provider to provide the opportunity to conclude
a contract or its mediation.

3. Benefits of the Service

(1) The contractually agreed use of the Service is the testing of the basic version.

(2) The Service is in an early stage of development (see 4. MVP). The only contractually
agreed use is the possibility of extensive testing within the framework of the basic
Service by the User and his business partners. This allows the User to thoroughly
examine and test the provided services and modules. The contractually agreed
condition is expressly a test version, which cannot guarantee any functionality or
absence of errors.

4. MVP

(1) The basic version of the offered Service is available as a development version. This
means that the Provider reserves the right to make ongoing changes to the
functionalities, availability and pricing of the Service or individual modules.

(2) The User has no claim to the compliance of service levels or the availability of
certain functionalities in the basic version. Nevertheless, the Provider tries take
care to ensure smooth operation and the maintenance of all functionalities 99% of
the time.

(3) The Provider may, but does not have to, consider change requests from Users.
Should certain adjustments be necessary according to the User’s wishes, a
separate agreement is to be reached, taking into account the expected costs, the
implementation and the time scheduled. There is also no entitlement to training
of users or employees of a user. These can be agreed upon individually with the
Provider as required.

(4) Users have no entitlement to the provision of further services, modules or
resources. Nevertheless, the Provider shall make every effort in the interest of and
together with the Users to further develop the Service and to establish additional
modules.

(5) The User is aware that the Service is currently under development with ongoing
development work. He will take this into account when using the Service, in
particular when conducting commercial business via the Service. If factual or legal
errors are found, the Provider is to be contacted first and efforts are to be made
to eliminate the problems by mutual agreement.

(6) The Provider strives for the highest security standards in the area of IT security
with appropriate certifications. The Provider’s server locations should, if possible,
be located in the territory and under the jurisdiction of the European Union.

5. Use of the identity

(1) When using the Service with the identity and related modules, the User can make
use of various services. In the basic version, modules selected by the Provider are
available . These modules can be limited or extended in scope at any time.

(2) The Provider is entitled to block access to individual content at any time, particular
if there is a suspicion that such content violates applicable law, the rights of third
parties, or these Terms of Use.

(3) The User has no claim to the maintenance of individual functionalities of the
Service. The Provider tries to ensure trouble-free operation. This is naturally
limited to services over which the Provider has an influence. He is at liberty to
restrict or suspend access to the Service or individual modules in whole or in part,
temporarily or permanently, due to maintenance work, capacity requirements and
other events beyond his control.

(4) The Provider is entitled to expand, assign other tasks to, or replace the
subcontractors used by him at his own discretion, as long as this is necessary for
the proper provision of the Service.

6. Duties of the User

(1) The User is only entitled to use the Service if this is done in accordance with these
Terms of Use, if the User and his representative have legal capacity and the use
does not violate any legal provisions.

(2) The User agrees to comply with applicable law (e.g. criminal, competition and
youth protection laws) when posting, creating and using his own content, not to
violate the rights of third parties (e.g. personal rights, rights to a name, trademark
rights, copyrights and data protection rights) and not to offend common decency.
The same applies to the setting of external links. In particular, it is not permitted
to disseminate content that

– Racism and discrimination
– Glorification of violence and extremism of any kind and anti-constitutionalism
– Incitement and encouragement to commit criminal offences and infringements
of the law, threats against life, limb or property
– Agitation against persons or companies
– Statements that violate personal rights, slander, defamation and libel by third
parties as well as violations of fair trading laws
– Content that infringes copyright or other intellectual property rights
– Sexual harassment of any kind
– Pornography
– Contain offensive, sexist, obscene, vulgar, hateful or sickening materials and
expressions and / or
– Are subject to secrecy which the User has received from other users exclusively
in private communication, unless the other user has expressly given his consent
– containts viruses, trojans, worms, malware, or other similar computer
programs designed to interfere with, spy on, damage or impair the Service or
parts thereof and the functioning of the Provider’s or third-party computer
hardware or software represents, concerns or contains.

7. Further obligations of the User

(1) The User shall, without any other explicit permission from the Provider, use the
Service for commercial purposes and shall not make any unauthorized advertising
within the Service for himself or third parties. This means in particular that the
User may not send any messages of advertising content without the consent of the
recipient (in particular: spam messages).

(2) In case the User uses the possibility to inform third parties about the existence of
the Service via an invitation function provided by the Provider, he has to make sure
that the third party agrees to the sending of the inviting e-mail.

(3) In the case that contents posted by the User and visible to other users contain
hyperlinks to third party sites, the User assures that he has the authorization to
use the hyperlink and that the website to which reference is made is compatible
with applicable law and third-party rights.

(4) The User is obliged to handle the login data with care. Without exception, the User
is prohibited from disclosing the login data to third parties and/ or allowing third
parties access to the identity while bypassing the login data.

(5) The User must refrain from any activity that could impair and/ or excessively
burden the operation of the Service or the technical infrastructure behind it. This
includes in particular:

– misuse of software, scripts or databases in connection with the use of the
Service, unless this is necessary for proper use;
– abusive automatic reading, blocking, overwriting, modifying, copying of data
and/ or other content, insofar as this is not necessary for proper use;

(6) If there are any disruptions in the use of the Service or its functionalities, the User
shall notify the Provider of such disruption without delay. The same shall apply if  the User obtains information about content published by other users that obviously violates applicable law or the rights of third parties. If the User himself
causes disruptions to the proper operation or functionality of the Service in the
course of proper use, the User shall notify the Provider of such disruption without
delay.

(7) Conscious or disloyal exploitation of technical errors can lead to the immediate
blocking of the user identity by the Provider.

8. Rights of use and intellectual property

(1) The Provider grants the User a territorially unlimited, revocable, non-exclusive,
non-transferable, non-sublicensable, free of charge right to use the basic service
for the duration of these Terms of Use, as long as these Terms of Use are met, and
the identity is not blocked.

(2) All rights to the content posted by the User remain with the User. The User is
responsible for the data and content provided by him.

(3) The User is prohibited from copying, distributing and/ or publishing, modifying and
otherwise exploiting content that the Provider or third parties have placed in the
basic Service, unless there is an explicit authorization to do so. Permission is
granted for technically induced, only temporary reproduction for browsing
purposes, as long as this action does not serve economic purposes.

(4) The User is prohibited from copying, distributing and/ or publishing, modifying or
otherwise exploiting the software without special permission from the Provider.
Likewise, the functionality of the Service may not be reproduced by means of
reverse engineering for the duration of this agreement.

9. Liability

(1) The Service serves exclusively to bring partners together. The Provider is, without
prejudice to §§ 7 ff. TMG (Germany), neither responsible for the content and
products of the individual users, nor does he guarantee the accuracy and
completeness of the information provided by other users in the Service. The same
applies if links are used to access other websites. If the Provider determines that
specific content triggers civil or criminal liability, he will delete this content or
remove the reference to this content, provided that this is technically possible and
reasonable.

(2) The liability of users towards third parties remains unaffected when using the
Service. If users of the Service are manufacturers of products or handle their
distribution, production or delivery via the Service, their liability, in particular under
the Product Liability Act (Germany), remains unaffected.

(3) The Provider is liable without limitation for intent and gross negligence.

(4) In the case of slight negligence, the Provider shall only be liable in the event of a
breach of an essential contractual obligation, the fulfilment of which is essential
for the proper execution of the Terms of Use and on the observance of which the
User may regularly rely. The liability for damages to life, body and health remains
unaffected. Liability for slight negligence is limited to the amount of damages foreseeable at
the time of conclusion of these Terms of Use, the occurrence of which must
typically be expected. In these cases, the Provider is not liable for indirect damages
and loss of profit.

(5) These limitations of liability shall also apply in favor of the Provider’s vicarious
agents and representatives, unless gross negligence or intent is involved.

(6) The liability for data protection violations remains unaffected by this disclaimer.
The legal regulations apply.

10. Right of exemption

The User shall indemnify the Provider from all claims of third parties arising from
the use of the Service in the event of claims due to violations of third-party rights
for which the User is responsible in connection with the use of the Service.
Furthermore, the User undertakes to reimburse all costs that the Provider incurs
due to claims by third parties. The reimbursable costs include in particular, but not
exclusively, the necessary costs of an appropriate legal defense.

11. Data protection

(1) The Provider takes the protection of the personal data stored in the Service
application very seriously. He treats such data confidentially, in accordance with
the statutory data protection regulations and taking into account the technical
peculiarities of the used blockchain technology, in accordance with the Privacy
Policy.

It can be accessed here or by e-mail notification at:
data.privacy@evan.team
The Provider’s corresponding data protection concept is based on the principle of
data minimization, which means that only an absolute minimum of personal data
is generally collected through the design of the Service.

(2) The Provider reserves the right to use non-personal user data (e.g. statistical
evaluations) in anonymized form to improve the Service. This does not include the
content of individual transactions, but only metadata (e.g. number of connections,
usage periods, module-specific usage), which do not allow any conclusions to be
drawn about the actual content of the business processes.

(3) If the User processes personal data within the scope of his business activity in
accordance with Art. 4 No. 1 GDPR, in particular by storing personal data on the
Provider’s servers, the GDPR shall apply. In this case, the Provider is the processor
in accordance with Art. 4 No. 8, Art. 28 GDPR. It is the responsibility of the User to
contact the Provider in the event of such processing and to conclude a
corresponding agreement. The Provider shall take all necessary steps to
cooperate, if relevant.

12. Term of contract/ termination

(1) The Terms of Use are valid for an indefinite period and can be terminated by either
party. The notice of termination must be received in text form by the 15th of a
month to the end of the month. The termination is made via a function in the
Service .

(2) In the case of the termination of these Terms of Use the Provider will, if not subject
to legal obligations to keep records, make the identity anonymous by deleting the
assignment data and remove the information contained as soon as it is no longer
needed for the processing of current contractual relationships.

(3) The right of extraordinary termination remains unaffected by the previous
provisions and may be made at any time if there is good cause. Good cause shall
be deemed to exist if, taking into account all circumstances of the individual case
and weighing the interests of both parties, the party giving notice of termination
cannot reasonably be expected to continue the contractual relationship until the
agreed termination or until the expiry of a notice period.

13. Return and deletion of data

(1) Until the end of the user relationship, the User can independently remove his
entered data, provided that they are not actively used in business processes of
other users. Likewise, an active user relationship is necessary to export or save
the stored, non-personal data of a User in the form of VCs.

(2) After termination of the user relationship, the User’s data will be deleted after a
reasonable period of time. This does not affect data that is required for the
execution of post-contractual purposes with the Provider. This data will not be
processed in any other way by the Provider.

(3) The User may receive his data output in return for a processing fee. This fee can
be determined by the Provider according to the actual expenditures.

(4) A User’s data may be used in business processes of other Users (e.g. certificate
tracking). This data will not be deleted, as it is absolutely necessary for the
performance of the activities of other Users. However, they are marked as
“outdated” / “not renewed”.

14. Final provisions

(1) At the time of conclusion of these Terns of Use there are no additional agreements
within the scope of this contract and the services offered by the Provider other
than those mentioned in this agreement.

(2) Should individual provisions of these Terms of Use wholly or partially ineffective
or become ineffective or void as a result of a change in the legal situation or as a
result of supreme court rulings (German Federal Courts or European Court of
Justice) or in any other way, or should these Terms of Use contain loopholes, the
parties agree that the remaining provisions of this agreement shall remain
unaffected and valid. In this case, the parties to the contract undertake, taking into
account the principle of good faith, to agree on a valid provision in place of the
invalid provision, which comes as close as possible to the meaning and purpose of
the invalid provision and which is to be assumed that the parties would have
agreed on it at the time of conclusion of the Terms of Use if they had known or
foreseen the invalidity or nullity. The same applies accordingly if this contract
should contain a gap.

(3) The Terms of Use shall be governed by German law with the exception of the
provisions of international private law and United Nations Convention on
Contracts for the International Sale of Goods, CISG. The language of contract is
German, this document is the non-binding translation.

(4) The place of jurisdiction for all disputes arising from this agreement shall be
Dresden, Germany, unless otherwise provided by mandatory law.
If you have any questions regarding these provisions, please contact info@evan.team.