diff --git a/.github/workflows/tag.yaml b/.github/workflows/tag.yaml index e7cacb5..3c61769 100644 --- a/.github/workflows/tag.yaml +++ b/.github/workflows/tag.yaml @@ -2,6 +2,7 @@ on: push: tags: - '[0-9]+.[0-9]+.[0-9]+' + - '[0-9]+.[0-9]+.[0-9]+-stable.[0-9]+' jobs: converge: diff --git a/static/airdrop-terms.html b/static/airdrop-terms.html new file mode 100644 index 0000000..4ac2ee4 --- /dev/null +++ b/static/airdrop-terms.html @@ -0,0 +1,532 @@ + + + + + + + + +

Rarimo Airdrop Program Terms & Conditions

+

+

Thank you for participating in the Rarimo airdrop program (the "Airdrop"). The Airdrop will be accessible in the application "RariMe" (the "Application"), located + at https://rarime.com/ (the "Website"), where you may + claim your RMO tokens (the "Token") which is the native + unit of value on Rarimo protocol (the "Protocol"). + Your participation in the Airdrop and your use of the Website, Application, Token, and Protocol is entirely at + your own risk.

+

+

Please, refer to the RariMe General Terms & Conditions at + https://rarime.com/general-terms.html + (the + "Terms") and RariMe Privacy Notice at https://rarime.com/privacy-notice.html (the "Privacy Notice") for information about how your access to, and use of, all content, documentation, functionality, + and features of the RariMe services (the "Services") + available on or through the Application is governed and how we collect, use, and share the personal information + about you. The Terms and Privacy Notice are hereby incorporated by this reference into these Rarimo Airdrop + Program Terms & Conditions. You agree: (1) to access to, and use of, the Services and Application in + accordance with the Terms, and (2) to the collection, use, storage, and disclosure of your personal information in + accordance with the Privacy Notice.

+

+

By participating in the Airdrop: +

+

+ +

+ +

+ +

+ + +

+ +

+ +

+ +

+

+ + + \ No newline at end of file diff --git a/static/general-terms.html b/static/general-terms.html new file mode 100644 index 0000000..2b9c599 --- /dev/null +++ b/static/general-terms.html @@ -0,0 +1,3091 @@ + + + + + + + + +

RariMe General Terms & Conditions

+

+

PLEASE READ THESE GENERAL TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN + IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS + ACTION WAIVER WHICH REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A + JUDGE OR JURY IN COURT.

+

+

Last Updated: May 31, 2024

+

+
    +
  1. These RariMe General Terms & Conditions and the + agreements incorporated herein by reference (collectively, the "Terms"), constitute a binding agreement between you (as defined below) and Rarilabs (as defined below) and apply to, + and govern your access to, and use of, all content, documentation, functionality and features of the RariMe + services (the "Services") available on or through the Application (as defined + below), unless we have executed a separate written agreement with you for that + purpose. We are only willing to make the Application available to you if you accept all the Terms. BY CLICKING "TO ACCEPT" OR ACCESSING OR USING THE SERVICES OR OUR + APPLICATION YOU AGREE TO BE BOUND BY, AND ACCEPT + ALL OF THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU SHALL + NOT ACCESS OR USE THE APPLICATION. If you are accepting the + Terms on behalf of a company or other legal entity (the "Entity"), you represent that you have the legal authority to accept the Terms on the Entity's + behalf, in which case "you" will mean that Entity. If you do not have such authority, or if you do not + accept the Terms, then we are unwilling to make the Application available to you or such Entity and you must uninstall the Application and otherwise refrain from accessing or using the Services or + Application. By accessing or using the Services or Application you affirm that you are of legal age to accept the Terms. 
    2. +
+

+
    +
  1. Rarilabs may make changes to + the Terms from time to time. The changes will be effective immediately upon their publication. Please, review + the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your access + to or use of the Application after the date of + publication of the relevant changes shall constitute your agreement to the updated Terms. You can determine when + the Terms were last revised by referring to the + "LAST UPDATED" legend at the top of then-current version of the Terms on the Website (as defined below).
    2. +
+

+
    +
  1. If you are accessing or using the Application with third-party products, hardware, software applications, programs, or devices, including, but not limited to, MetaMask (as defined below) (the "Third Party Technology"), you agree and acknowledge that: (i) you + may be required to enter into a separate license agreement with the relevant third party owner or licensor for + the use of such Third Party Technology; (ii) the Application may not be accessible through the Third Party Technology, and (iii) Rarilabs cannot guarantee that the Application shall always be available on or in connection with such + Third Party Technology. Third parties, such as MetaMask, + have their own terms of service/use (or + equivalent thereof) and privacy + policies (or equivalent thereof) associated with + their products/services. Prior to accessing or using the Third Party + Technology in connection with the Application, you are responsible for reviewing, agreeing to and complying with their + respective terms of service/use (or + equivalent thereof) and privacy + policies (or equivalent thereof).
    2. +
+

+
    +
  1. You shall not access or use the Application if you: (i) do not agree to the Terms, or (ii) are + prohibited from accessing or using the Application by + applicable law. You must be 18 (eighteen) years or older to access and use the Application. If you are under 18 (eighteen) years of age, you are not + permitted to access or use the Application.
    2. +
+

+
    +
  1. To access or use the Application you may be asked to provide certain registration details + or other information. It is a condition of your access to or use of the Application that all such information be correct, current, and + complete in all respects.
    2. +
+

+
    +
  1. The Terms or any part thereof may be translated into other + languages for your convenience. The English language version of the Terms is the version that prevails at all times and in the event of any conflict between the + English language version and a translated version, the English language version shall prevail.
    2. +
+

+
    +
  1. Certain features of the Application may be offered while still in + the "beta" version (the "Beta + Versions"). Rarilabs shall use its reasonable efforts to identify the Beta Versions by marking them within the + Application. By accepting the Terms, you understand and + acknowledge that the Beta Versions are being provided as a "BETA" version and made available on an + "AS IS" and "AS AVAILABLE" basis. + The Beta Versions may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED + WITH YOUR USE OF THE BETA VERSIONS, INCLUDING ANY USAGE FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF + YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we + shall not be obliged to continue, or provide any maintenance, technical, or other support for the Beta + Versions.
    2. +
+

+
    +
  1. Please, refer to + our Privacy Notice at https://rarime.com/privacy-notice.html for information about how we collect, use, and share personal information about you. The + Privacy Notice is hereby incorporated by this reference into the Terms. You agree to the collection, use, + storage, and disclosure of your personal information in accordance with our Privacy Notice.
    2. +
+

+
    +
  1. Certain components of the Application may be published under + various licenses by Rarilabs or any third party, including open-source licenses (the "Applicable Licenses"). To the extent there is a conflict between + any Applicable License and these Terms, the terms of the Applicable License shall govern.
    2. +
+

+
    +
  1. The Application and Services provide an identity system + based on zero-knowledge cryptography that allows the Users to prove their identity to third-party services + without exposing the User’s personal information to such third-party services. The Application and + Services allows Users to create their Digital Identity (as defined below) and use such DI to access and exchange + identity-related information with third-party services, such as decentralized applications. Any identity + provider that uses Rarimo Protocol may issue the DI that is compatible with the Application. The Users carry + their DI within their digital asset wallet account (the "Digital Asset + Wallet"), such as in the application "MetaMask" (https://metamask.io/) ("MetaMask"). IF YOU ARE THE + USER THAT USES THE APPLICATION, YOU ARE SOLELY RESPONSIBLE FOR KEEPING YOUR DIGITAL ASSET WALLET SECURE, + INCLUDING YOUR DIGITAL IDENTITY. WE HAVE NO ABILITY TO HELP YOU ACCESS OR RECOVER YOUR DIGITAL ASSET WALLET, OR + THE ASSETS LOCATED THEREIN, INCLUDING ANY DI. YOU MAY BE ABLE TO CONNECT ANY DI TO THE THIRD PARTY TECHNOLOGIES, + BUT SUCH THIRD PARTY TECHNOLOGIES AND SERVICES ARE OWNED AND OPERATED BY THIRD PARTIES, NOT US, AND WE DO NOT + AND CANNOT MAKE ANY GUARANTEE OR PROMISE ABOUT THE FUNCTIONALITY OR NATURE OF ANY SUCH THIRD PARTY TECHNOLOGIES, + OR WHETHER THEY WILL ACCEPT YOUR DI. RARIMO PROTOCOL IS A DECENTRALIZED, BLOCKCHAIN-BASED INTEROPERABILITY + PROTOCOL THAT PROVIDES IDENTITY PRIMITIVES TO ENABLE USERS TO TRANSFER THEIR REPUTATION ACROSS DIFFERENT + BLOCKCHAINS, INCLUDING THE PROTOCOLS (AS DEFINED BELOW) AND THIRD-PARTY SERVICES, SUCH AS DECENTRALIZED APPLICATIONS. THE APPLICATION UTILIZES RARIMO + PROTOCOL FOR SOME OF ITS FUNCTIONS; HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT RARILABS DOES NOT CONTROL OR + MAINTAIN RARIMO PROTOCOL, AND CANNOT CONTROL ACTIVITY AND DATA ON RARIMO PROTOCOL, THE ACTIVITIES OF PERSONS OR + ENTITIES WHO DEVELOP AND USE APPLICATIONS ON RARIMO PROTOCOL, THE ISSUANCE OF ANY DI ON RARIMO PROTOCOL OR ANY + OTHER USES OF RARIMO PROTOCOL OR DI’S ISSUED ON THE RARIMO PROTOCOL. YOU HEREBY CONFIRM AND AGREE, THAT + THE USERS CARRY ANY DATA OF THE IDENTIFYING DOCUMENTS (as defined + below) SOLELY AND EXCLUSIVELY WITHIN THEIR DEVICES (as + defined below). IF YOU ARE THE USER THAT USES THE APPLICATION, YOU ARE SOLELY + RESPONSIBLE FOR KEEPING YOUR DEVICE AND ANY DATA OF THE IDENTIFYING DOCUMENTS SECURE. NEITHER RARILABS NOR ANY + OTHER PERSON, OTHER THAN THE USER, HAS ANY ACCESS TO ANY DATA OF THE IDENTIFYING DOCUMENTS. WE HAVE NO ABILITY + TO HELP YOU ACCESS OR RECOVER YOUR DEVICE, ANY DATA OF THE IDENTIFYING DOCUMENTS, OR ANY DIGITAL IDENTITY. +    
    2. +
+

+
    +
  1. DEFINITIONS AND INTERPRETATIONS
    2. +
+

+
    +
  1. In addition to the terms defined elsewhere in the Terms, for all + purposes of the Terms, the following terms have the meanings set forth in this Section 1.1:
    2. +
+

+
    +
  1. "Affiliate" means, in relation to any person at a given time, any other person that, directly or + indirectly, controls, is controlled by or is under common control, with such person. For the purposes of the + Terms, "control" (including, with correlative meanings, the terms "controlled + by" and "under common control + with"), as used with respect to any person, + means the possession, directly or indirectly, of the power to direct or cause the direction of the management + and policies of such person, whether through the ownership of voting shares, by contract, or otherwise; +
    2. +
+

+
    +
  1. "Application" means the web application "RariMe", available at the website https://rarime.com/ (the "Website"), MetaMask "snap" and corresponding mobile application, the main function of which is to provide technical + solutions that allow Users to create DI using the mobile phone with the Radio + Frequency Identification (the "Device"), and use such DI to access + and exchange identity-related information, as well as the Website and all its subpages and any additional + services as set forth under Section 2.5 herein;
    2. +
+

+
    +
  1. "Digital Identity" or "DI" means + the public key of the key pair, generated by the Application (the "Public + Key"), a mathematically generated zero-knowledge proof, and a public key or + hash retrieved from the User’s biometric passport or other identifying document implementing Doc 9303 + Machine Readable Travel Documents standard (the "Identifying + Document");
    2. +
+

+
    +
  1. "IP" means: any or all of the + following anywhere in the world: (i) all patents; (ii) all inventions (whether + patentable or not), ideas, processes, invention disclosures, improvements, trade + secrets, proprietary information, know-how, technology, improvements, discoveries, technical data, customer + lists, proprietary processes and formulae, all source and object code, algorithms, architectures, structures, + display screens, layouts, development tools and all documentation and media constituting, describing or relating + to the above, including manuals, memoranda, and records; + (iii) all copyrights, copyrightable material including derivative works, revisions, transformations and + adaptations, material that is subject to non-copyright disclosure protections, and all other works of authorship + and designs (whether or not copyrightable); (iv) all Trademarks; (v) domain names; (vi) + websites and related content, and (vii) all manuals, documentation and materials relating to the above; +
    2. +
+

+
    +
  1. "IP Rights" means all vested, contingent and future intellectual property rights, including + worldwide statutory and common law rights, relating to, or owned by the relevant person anywhere in the world in + IP, and all its variations, modifications or enhancements together with any application or right to apply for + registration, renewal, extension, or protection + of those rights;
    2. +
+

+
    +
  1. "Rarilabs" ("we", "us" or + "our") means Rarilabs, Inc., a + Delaware corporation;
    2. +
+

+
    +
  1. "Trademarks" means: (i) the trademarks, trade names and service marks used by the relevant person, + whether registered or unregistered; (ii) the respective stylistic marks and distinctive logotypes for such + trademarks, trade names and service marks, and (iii) such other marks and logotypes as the relevant person may + designate from time to time in writing; and
    2. +
+

+
    +
  1. "User" ("you", or + "your") means you as the user of the + Application.
    2. +
+

+
    +
  1. "Hereof", "herein", "hereunder", "hereby" and words of similar + import will, unless otherwise stated, be construed to refer to the Terms as a whole and not to any particular + provision of the Terms.
    2. +
+

+
    +
  1. "Include(s)" and "including" shall be construed to be followed by the words + "without limitation".
    2. +
+

+
    +
  1. "Or" + shall be construed to be the "inclusive or" rather than "exclusive or" unless the context + requires otherwise.
    2. +
+

+
    +
  1. Any rule of construction to the effect that + ambiguities are to be resolved against the drafting party shall not be applied in the construction or + interpretation of the Terms.
    2. +
+

+
    +
  1. Section titles, captions, and headings are for convenience or reference only and have no legal or contractual effect.
    2. +
+

+
    +
  1. Whenever the context requires: the singular + number shall include the plural, and vice versa; + the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the + masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders. +
    2. +
+

+
    +
  1. ACCESS AND USE OF THE APPLICATION
    2. +
+

+
    +
  1. In consideration for your acceptance of the Terms, Rarilabs grants you a limited, revocable, personal, + non-transferable, non-sublicensable and non-exclusive right to access and use the Application pursuant to the terms and subject to the conditions of these Terms.
    2. +
+

+
    +
  1. You shall not access or use the + Application, or attempt to do any of the foregoing, in any manner that may impair, overburden, damage, disable, + negatively affect or otherwise compromise the Application.
    2. +
+

+
    +
  1. When you access or use, the Application, you agree and undertake to comply with the following + provisions:
    2. +
+

+
    +
  1. during your access to, or use of, the + Application all activities you carry out shall comply with the requirements of applicable laws and regulations, + the Terms, and various guidelines of Rarilabs, as amended and updated from time to + time;
    2. +
+

+
    +
  1. your use of the Application shall not violate public interests, public morals, or the legitimate + interests of others;
    2. +
+

+
    +
  1. you shall not be prohibited from accessing or using the Application + under applicable laws and regulations or other legal obligations binding on you; and
    2. +
+

+
    +
  1. unless otherwise provided for in the Applicable Licenses, without prior written consent from Rarilabs, + you shall not: (i) copy, modify, reproduce, translate, localize, port + or otherwise create derivatives of any part of the + Application; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or + structure, sequence and organization of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse + engineering are prohibited by applicable local, state, provincial, national or other law, rule or + regulation); (iii) rent, lease, resell, distribute, use in any unauthorized or + unintended manner or otherwise exploit the + Application for purposes not contemplated by the Terms; (iv) remove or alter any proprietary notices, + Trademarks, or labels on or in the Application, and (v) engage in any activity that interferes with or disrupts + the Application.
    2. +
+

+
    +
  1. Your access to, or use of, the Application may be interrupted from time to time for any of several + reasons, including the malfunction of equipment, periodic updating, maintenance, or repair of the Application or other actions that + Rarilabs, in its sole discretion, may elect to + take. You agree to and hereby do release Rarilabs from any liability associated with such + interruptions.
    2. +
+

+
    +
  1. Sometimes, we may need to provide additional terms for specific + services (and such services are deemed part of the Application hereunder and shall also be subject to the + Terms). Those additional terms, which are available with the relevant service, + then become part of your agreement with us if you use those services. In the event of a conflict between the + Terms and any additional applicable terms we may provide for a specific service, such additional terms shall + control for that specific service. We also may from time to time, and without any + liability to you, modify, suspend or discontinue, temporarily or permanently, any + part of the Application for any + reason. 
    2. +
+

+
    +
  1. Any rights not expressly granted in the Terms are reserved by + Rarilabs.
    2. +
+

+
    +
  1. The User hereby acknowledges and agrees that, at all times, + Rarilabs does not have any access to, control or discretion over the DI, does not store any DI, and in no event + shall be responsible for any DI and its content, and that Users are solely responsible for creating, storing, + managing, using and otherwise interacting with the DI and its contents. The User affirms, represents, and + warrants that it owns or has all necessary consents and permissions to use any DI stored in the Application in + connection with use of the Application. The User also represents and warrants that its use of the DI in + connection with use of the Application will not misappropriate, breach or violate any third party’s + rights, or rights of publicity or privacy, or result in the violation of any applicable law or + regulation.
    2. +
+

+
    +
  1. Your use of the Application, including + any transactions via the Interface (as defined below), may + result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services + tax, or sales tax in certain jurisdictions. It is solely your responsibility to determine whether taxes apply to + any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate + tax authority.
    2. +
+

+
    +
  1. INFORMATION AND SECURITY
    2. +
+

+
    +
  1. For the purposes of the access to and use of the Application, the User may be required to provide certain identifying information (in certain + cases), or connect its MetaMask Digital Asset + Wallet address (collectively, the "Identifying Information").
    2. +
+

+
    +
  1. You agree to and shall provide us + with true, accurate, complete, and updated Identifying Information about yourself and to promptly notify Rarilabs in the event of any changes to any + such information.
    2. +
+

+
    +
  1. You shall be solely responsible for the security and proper use + of all the Identifying Information, passwords, or other security devices used in connection with the Application and shall take all reasonable steps to ensure that + they are kept confidential and secure, are used properly and are not disclosed to or used by any + other person or entity. You shall immediately inform Rarilabs if there is any reason to believe that your Identifying Information, password + or any other security device used in connection with the Application has or is likely to become known + to someone not authorized to use it, or is being or is likely to be used + in an unauthorized way. Rarilabs reserves the + right (at its sole discretion) to request + that you change or update your Identifying Information or other information, and you shall promptly comply with + any such request.
    2. +
+

+
    +
  1. You are solely responsible for all activity in connection with + access to the Application or using your Identifying + Information, and for the security of your computer systems, and in no event shall Rarilabs be liable for any loss or damages relating + to such activity.
    2. +
+

+
    +
  1. BLOCKCHAIN-BASED PROTOCOL INTERACTIONS
    2. +
+

+
    +
  1. From time to time, the Application may provide a web-based user interface (the + "Interface") that serves as a means of access to decentralized + blockchain-based protocols (the "Protocols") on various public blockchains, + including, but not limited to, Rarimo, Ethereum, Avalanche, BNB Smart Chain, and Polygon, that allows you to + store and manage the DI credentials on such public blockchains or otherwise interact with such public blockchains. By using such Interface functionalities + of the Application, you hereby agree and acknowledge that:
    2. +
+

+
    +
  1. the Interface is distinct from the underlying Protocols and is + offered solely as a convenient means for you to access and interact with the Protocols. However, the Interface + is not the exclusive means of accessing and interacting with the Protocols. You may access and interact with the + Protocols directly, or through any third party without using the Interface;
    2. +
+

+
    +
  1. Rarilabs does not control or operate + the Protocols. Once deployed, the Protocols are fully operational and operate on their respective public + blockchains without requiring any further input or management by any third party, including Rarilabs. As such, Rarilabs does not have the ability to change, amend, update or reverse any transactions, or any other + interactions you have with such Protocols, whether conducted via the Interface or otherwise;
    2. +
+

+
    +
  1. in using the Interface to access the + Protocols, you are required to have access to a non-custodial Digital Asset + Wallet. Your relationship with that non-custodial Digital + Asset Wallet provider is governed by the applicable terms of service of the + provider of such Digital Asset Wallet. Neither Rarilabs nor any of its Affiliates has any custody or control over the contents of your Digital + Asset Wallet and has no ability to retrieve or transfer its assets or contents + at any time; 
    2. +
+

+
    +
  1. each of the Interfaces is a purely + non-custodial application, meaning we do not ever have custody, possession, or control of your virtual assets and DI at any time. It further means you are solely responsible for the custody of the + cryptographic private keys to the Digital Asset Wallet you hold, and you should never share your Digital Asset + Wallet credentials or seed phrase with anyone. We accept no responsibility for, + or liability to you, in connection with any use or + misuse of the Digital Asset Wallet and make no + representations or warranties regarding how any of the Interfaces or Protocols will operate with any specific + Digital Asset Wallet. Likewise, you are solely responsible for + any associated Digital Asset Wallet, and we are not liable + for any acts or omissions by you in connection with or as a result of any errors, omissions or misuse of your + Digital Asset Wallet, or your Digital + Asset Wallet being compromised;
    2. +
+

+
    +
  1. all transactions and other activities, + including creation of the DI, that you submit via the + Interface are unsolicited, which means that they are solely initiated by you, you + have not received any transactional or other advice from us in connection with + any such transactions, and we do not endorse or express any suitability or other opinion on any activities or + services accessible via the Protocols; and
    2. +
+

+
    +
  1. blockchain-based transactions, including + creation of the DI, require the payment of fees to the + appropriate public network (the "Gas Fees"). You + are solely responsible to pay all Gas Fees in connection with any transaction you initiate via the Application, including the Interfaces.
    2. +
+

+
    +
  1. CONTENT AND IP RIGHTS
    2. +
+

+
    +
  1. The Application may contain materials, including information, Trademarks, data, text, editorial content, + design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other + content, which is owned, operated, licensed, or controlled by Rarilabs and which is protected by copyright, trademark, trade secret, or other proprietary rights + (collectively, the "Rarilabs Content"). Rarilabs or its relevant + suppliers, or licensors, retain all IP Rights in such + Rarilabs Content. Rarilabs grants you a limited, revocable, personal, non-transferable, + non-sublicensable and non-exclusive right to view the Rarilabs Content solely for your personal access to, and use of the Application.
    2. +
+

+
    +
  1. All Rarilabs Content is for informational purposes only, you should not construe any such information + or other material as legal, tax, investment, financial, or other advice.
    2. +
+

+
    +
  1. All Rarilabs Content is information of a general nature and does not address the circumstances of any + particular individual or entity. Nothing in the Rarilabs Content constitutes a comprehensive or complete statement of the matters discussed or the + law relating thereto. You alone assume the sole responsibility of evaluating the merits and risks associated + with the access to, or use of, the Application before + making any decisions based on the information contained in the Rarilabs Content.
    2. +
+

+
    +
  1. Except for any Feedback (as defined + below) submitted by you, you retain any and all IP Rights you already hold under + applicable law in materials, including information, data, text, editorial content, design elements, look and + feel, formatting, graphics, images, photographs, videos, music, sounds and other content you upload, publish, + and submit to or through the Application (the + "User Content"), subject to the rights, + licenses, and other terms of the Terms, including any underlying rights of other Users or Rarilabs in the relevant content that you may use or modify.
    2. +
+

+
    +
  1. In connection with the User Content, you affirm, represent, and + warrant that you own or have all necessary IP Rights, licenses, consents, and permissions to use and authorize + Rarilabs and Users to use the User Content in the manner contemplated by the Terms.
    2. +
+

+
    +
  1. Because the law may or may not recognize certain IP Rights in any + particular User Content, you should consult a lawyer if you want legal advice regarding your legal rights in a + specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing + any IP Rights you hold, and that Rarilabs cannot do + so on your behalf.
    2. +
+

+
    +
  1. Except as prohibited by any applicable law, you hereby waive, and + you agree to waive, any moral rights (including attribution and + integrity) that you may have in any User Content, even if it is altered or changed in + a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights + (if any) in a manner that interferes with any exercise + of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this + Section.
    2. +
+

+
    +
  1. You hereby grant to Rarilabs, and you agree to grant to Rarilabs, the + non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty-free right + and license to use, copy, record, distribute, reproduce, disclose, modify, display, publicly perform, transmit, + publish, broadcast, translate, make derivative works of, and sell, re-sell or sublicense (through multiple levels), and otherwise exploit in any manner + whatsoever, all or any portion of your User Content (and derivative works + thereof), for any purpose whatsoever in all formats, on or through any media, + software, formula, or medium now known or hereafter developed, and with any technology or devices now known or + hereafter developed, and to advertise, market, and promote the same. You agree that the license includes the + right to copy, analyze and use any User Content as + Rarilabs may deem necessary or desirable for purposes of + debugging, testing, or providing support or development services in connection with the Application and future improvements to the Application.
    2. +
+

+
    +
  1. You acknowledge and agree that the Rarilabs Content and Application constitute IP belonging + to Rarilabs or its relevant suppliers or licensors (the + "Rarilabs’s IP"), + and as between you and us, all IP Rights related to the Rarilabs’s IP belong to us or our relevant suppliers or licensors. All uses of the Rarilabs's IP shall inure to the benefit of Rarilabs.
    2. +
+

+
    +
  1. You shall use the Rarilabs's IP: (i) only in strict accordance with specifications and directions supplied by or on + behalf of Rarilabs from time to time; (ii) only in + connection with your personal access to, or use of, the Application, and (iii) only in the form and style approved by Rarilabs.
    2. +
+

+
    +
  1. You shall not use, adopt, include or otherwise misappropriate all or + any portion of the Rarilabs's IP in your IP or in the + IP of any other person.
    2. +
+

+
    +
  1. You shall not use the Rarilabs's IP in a manner likely to cause confusion with, dilute or + damage the goodwill, reputation or image of Rarilabs or + its products and services.
    2. +
+

+
    +
  1. You shall not register, attempt to register or lay any claim to any Rarilabs Content, Rarilabs's IP, or any IP, + confusingly similar to Rarilabs Content or Rarilabs's IP.
    2. +
+

+
    +
  1. No transfer, grant, or license of the IP Rights to the Rarilabs IP's or Rarilabs Content, is + made or is to be implied by the Terms except as may be expressly stated otherwise herein.
    2. +
+

+
    +
  1. We always appreciate feedback or other suggestions (collectively, + the "Feedback"), but may use them without any + restrictions or obligation to compensate you for them, and are under no obligation to keep them + confidential.
    2. +
+

+
    +
  1. Rarilabs shall not be obliged to monitor or enforce your IP Rights to + your User Content, but you grant us the right to protect and enforce our rights to your User Content, including + by bringing and controlling actions in your name and on your behalf (at + Rarilabs's cost and expense, to which you hereby consent and irrevocably appoint Rarilabs as your + attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an + interest).
    2. +
+

+
    +
  1. If you are a copyright owner or an agent thereof and believe that any + content in the Application or Services, or both, infringes upon your copyrights, you may submit a notification + pursuant to The Digital Millennium Copyright Act (the "DMCA") (see the DMCA at: https://www.copyright.gov/legislation/dmca.pdf, for further details) by providing us with the following information in writing:
    2. +
+

+
    +
  1. a physical or electronic signature of a person authorized to act + on behalf of the owner of an exclusive right that is allegedly infringed;
    2. +
+

+
    +
  1. identification of the copyrighted work claimed to have been + infringed;
    2. +
+

+
    +
  1. identification of the material that is claimed to be infringing or + to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and + information reasonably sufficient to permit us to locate the material (providing + URLs in the body of your DMCA notification is the best way to help us locate content quickly);
    2. +
+

+
    +
  1. information reasonably sufficient to permit us to contact you + (the complaining party), such as an address, + telephone number, and an email address at which you (the complaining + party) may be contacted;
    2. +
+

+
    +
  1. a statement that you (the + complaining party) have a good faith belief that use of the material in the + manner complained of is not authorized by the copyright owner, its agent, or the law;
    2. +
+

+
    +
  1. a statement that the information in the notification is accurate, + and under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the owner of an exclusive right that is allegedly + infringed; and
    2. +
+

+
    +
  1. (optional) information, if possible, sufficient to permit us to notify the user(s) who posted the + content that allegedly contains infringing material.
    2. +
+

+

Relevant notification of claimed copyright + infringement should be emailed to Rarilabs at: legal@rarilabs.com (subject line: "DMCA Takedown Request").

+

+

Any person who knowingly materially misrepresents + that content or an activity is infringing or that any material or activity was removed or disabled by mistake or + misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys' + fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in + replacing the removed material or enabling access to it.

+

+

Users expressly agree to cooperate and timely respond + to Rarilabs's investigations, requests, and inquiries related to DMCA disputes or allegations of infringement. +

+

+
    +
  1. USERS’ WARRANTIES AND REPRESENTATIONS
    2. +
+

+
    +
  1. You hereby warrant and represent + that:
    2. +
+

 

+
    +
  1. you are not relying on Rarilabs or any of its Affiliates, owners, directors, officers, counsel, employees, agents, or representatives for legal, investment, or tax advice. You represent that to the extent that + you have any questions with respect to the Terms, you have sought professional advice;
    2. +
+

+
    +
  1. to the extent required by applicable laws, you have complied and will continue to comply with all applicable + laws in connection with your access and use of the Application, including all anti-money laundering and counter-terrorism financing requirements at all + times; and
    2. +
+

+
    +
  1. (i) you are not located in, and you are not a national or resident + of, any jurisdiction to which the United States, United Kingdom, European Union, Australia, or Canada has embargoed goods or services the same type as + the Application, including Cuba, Iran, North Korea, the + Russian Federation, Sudan, Syria, or the Crimea, Luhansk or Donetsk areas of Ukraine as well as any temporary + occupied by the Russian Federation territories of Ukraine at a given time, including the relevant parts of + Kherson and Zaporizhzhia areas, and (ii) you are not a person or entity, or owned by, under the control of, or + affiliated with, a person or entity (a) that appears on the U.S. Office of Foreign Assets Control's + Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (b) + that appears on the U.S. Department of State's Terrorist Exclusion List; (c) that appears on the Bureau of + Industry and Security's Denied Persons, Entity or Unverified List; (d) that appears on the Consolidated List + of Targets published by the U.K. HM Treasury; (e) that appears on the Consolidated List published by the A.U. + Department of Foreign Affairs and Trade; (f) that is subject to sanctions in any other jurisdiction, or (g) that is engaged in the design, development, or production of nuclear, biological or chemical + weapons, missiles or unmanned aerial vehicles.
    2. +
+

+
    +
  1. PROHIBITED ACTIVITIES
    2. +
+

+
    +
  1. By accessing and using the Application, including any Interface, + you agree that you will not engage in, or attempt to engage in, any of the following prohibited + activities:
    2. +
+

+
    +
  1. Intellectual Property Infringement. Activity that infringes on or violates any IP Rights under the law.
    2. +
+

+
    +
  1. Cyberattack. Activity that seeks + to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, + personal device, or other information technology system, including, but not limited to, the deployment of + viruses and denial of service attacks.
    2. +
+

+
    +
  1. Fraud and Misrepresentation. + Activity that seeks to defraud us or any other person or entity, including, but not limited to, by providing any + false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
    2. +
+

+
    +
  1. Market Manipulation. Activity that + violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not + limited to, the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash + trading.
    2. +
+

+
    +
  1. Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of + securities or derivatives, including, but not limited to, the unregistered offering of securities and the + offering of leveraged and margined commodity products to retail customers in the United States.
    2. +
+

+
    +
  1. Sale of Stolen Property. Buying, + selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or + any other illegally obtained items.
    2. +
+

+
    +
  1. Data Mining or Scraping. Activity + that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or + information from any part of the Application.
    2. +
+

+
    +
  1. Objectionable Content. Activity + that involves soliciting information from anyone under the age of 18 (eighteen) or that is otherwise harmful, + threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, + libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable.
    2. +
+

+
    +
  1. Any Other Unlawful Conduct. Activity + that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, + including, but not limited to, the restrictions and regulatory requirements imposed by applicable laws. +
    2. +
+

+
    +
  1. TERM AND TERMINATION
    2. +
+

+
    +
  1. These Terms are effective as of the date first set forth above + and shall continue in effect until terminated or amended, revised or otherwise modified.
    2. +
+

+
    +
  1. Except to the extent we have agreed otherwise in a separate + written agreement between you and Rarilabs, we may terminate your right to access or use of the Application at + any time for any reason. Further, you agree that Rarilabs shall not be liable to you or any third party for any + such termination of your right to access or use the Application.
    2. +
+

+
    +
  1. Except to the extent you have agreed otherwise in a separate written + agreement between you and Rarilabs, you may terminate your access to, or use of, the Application and Terms at + any time. In the event there is a separate agreement between you and Rarilabs governing your access to, and use + of, the Application and that agreement terminates or expires, the Terms (as + unmodified by such agreement) shall govern your access to, and use of, the + Application unless and until you terminate your access to, and use of, the Application.
    2. +
+

+
    +
  1. All provisions of the Terms that by their nature should survive + termination of the Terms shall survive (including all limitations on liability, + releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and + judicial forum and intellectual property protections and licenses).
    2. +
+

+
    +
  1. You agree that Rarilabs, in its sole + discretion, may suspend or terminate your access to, or use of, the Application (or any part thereof) and remove and discard any content within the + Application, for any reason, including for lack of use or if Rarilabs believes that you have violated or acted + inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, infringing, or + illegal activity that may be grounds for termination of your access to, or use of, the Application may be + referred to appropriate law enforcement authorities. Rarilabs may also in its sole discretion and at any time + discontinue providing the Application, or any part thereof, with or without notice. You agree that any + termination of your access to, or use of, the Application under any provision of these Terms may be effected + without prior notice, and acknowledge and agree that Rarilabs may immediately terminate or deactivate your + access to, and use of, the Application. Further, you agree that Rarilabs will not be liable to you or any third + party for any termination of your access to, or use of, the Application or Services.
    2. +
+

+
    +
  1. APP STORE
    2. +
+

+
    +
  1. If you comply with these Terms, we grant to you a + limited, non-exclusive, non-transferable license, with + no right to sublicense, to download and install the Application on your personal computers, mobile handsets, + tablets, wearable devices, and/or other devices and to run the Application solely for your own personal + non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create + derivative works based on the Application; (ii) distribute, transfer, sublicense, lease, lend or rent the + Application to any third party; (iii) reverse engineer, decompile or disassemble the Application (unless applicable law permits, despite this limitation), or (iv) + make the functionality of the Application available to multiple users through any means.
    2. +
+

+
    +
  1. Apple App Store. This Section applies to any Application that you acquire from the Apple + App Store or use on an iOS device. Apple Inc., a California corporation ("Apple") has no obligation to furnish any maintenance and support services + with respect to the Application. In the event of any failure of the Application to conform to any applicable + warranty, you may notify Apple, and Apple will refund the Application purchase price to you (if applicable) and, to the maximum extent permitted by applicable + law, Apple will have no other warranty obligation whatsoever with respect to the Application. Apple is not + responsible for addressing any claims by you or any third party relating to the Application or your possession + and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Application + fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. Apple is not + responsible for the investigation, defense, settlement and discharge of any third-party claim that your + possession and use of the Application infringe that third party’s IP Rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your + acceptance of the Terms, Apple will have the right (and will be deemed to have + accepted the right) to enforce these Terms against you as a third-party beneficiary + thereof.
    2. +
+

+
    +
  1. INDEMNIFICATION AND DISCLAIMER
    2. +
+

+
    +
  1. YOU AGREE TO RELEASE, INDEMNIFY AND HOLD RARILABS AND ITS AFFILIATES + AND EACH OF THEIR OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS, MEMBERS, DIRECTORS, AND AGENTS (COLLECTIVELY, + "RARILABS PARTIES") HARMLESS FROM ANY AND ALL LOSSES, + DAMAGES, EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RIGHTS, CLAIMS, ACTIONS OF ANY KIND AND INJURY + (INCLUDING DEATH) ARISING OUT OF OR RELATING TO YOUR + ACCESS OR USE OF THE APPLICATION, ANY YOUR USER CONTENT, YOUR CONNECTION TO THE APPLICATION, YOUR VIOLATION OF + THE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER. NOTWITHSTANDING THE FOREGOING, YOU WILL HAVE NO + OBLIGATION TO INDEMNIFY OR HOLD HARMLESS ANY RARILABS PARTIES FROM OR AGAINST ANY LIABILITY, LOSSES, DAMAGES OR + EXPENSES INCURRED AS A DIRECT RESULT OF ANY ACTION OR INACTION OF SUCH RARILABS PARTIES. IF YOU ARE A CALIFORNIA + RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES FOR: "A GENERAL RELEASE DOES NOT + EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT + THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER + SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY". IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY + COMPARABLE STATUTE OR DOCTRINE.
    2. +
+

+
    +
  1. YOUR ACCESS AND USE OF THE APPLICATION IS AT YOUR OWN RISK. YOU + UNDERSTAND AND AGREE THAT THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS + AND RARILABS EXPRESSLY DISCLAIMS WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR + IMPLIED. RARILABS (AND RARILABS PARTIES) MAKES NO + WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY FOR WHETHER THE APPLICATION: (I) WILL MEET YOUR + REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR (III) WILL BE + ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. RARILABS DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS OR + CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF MERCHANTABILITY, + FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RARILABS WILL NOT BE LIABLE FOR ANY LOSS OF ANY + KIND FROM ANY ACTION TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE APPLICATION. WHILE RARILABS + ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE APPLICATION SAFE, RARILABS CANNOT AND DOES NOT REPRESENT OR + WARRANT THAT THE APPLICATION OR RARILABS CONTENT YOU INTERACT WITH, ARE FREE OF VIRUSES OR OTHER HARMFUL + COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, + WHETHER ORAL OR OBTAINED FROM RARILABS OR RARILABS PARTIES OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY + OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND + DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD RARILABS RESPONSIBLE FOR ANY BREACH OF SECURITY.
    2. +
+

+
    +
  1. FURTHER, YOU UNDERSTAND THAT BLOCKCHAIN-BASED SMART CONTRACT + TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT THEY ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE + AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS INCLUDING, BUT + NOT LIMITED TO, RARIMO, ETHEREUM, AVALANCHE, BNB SMART CHAIN AND POLYGON ARE VARIABLE AND MAY INCREASE, SLOW + DOWN OR OTHERWISE FLUCTUATE DRAMATICALLY AT ANY TIME.
    2. +
+

+
    +
  1. YOU UNDERSTAND THAT NEITHER RARILABS NOR ANY OF ITS AFFILIATES + CONTROLS OR OPERATES ANY PROTOCOLS AND NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY ABOUT + THE SAFETY OR SOUNDNESS OF ANY PROTOCOLS. AS SUCH, WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, + DO NOT OWN OR CONTROL ANY PROTOCOLS, AND CANNOT BE HELD LIABLE FOR ANY LOSSES THAT YOU EXPERIENCE WHILE + ACCESSING OR USING ANY PROTOCOLS VIA OUR APPLICATION. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL + RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING ANY INTERFACE TO INTERACT WITH THE PROTOCOLS. +
    2. +
+

+
    +
  1. SIMILARLY, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY + LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF THE APPLICATION AND RARILABS + CONTENT, INCLUDING ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR; (II) SERVER FAILURE OR DATA + LOSS; (III) UNAUTHORIZED ACCESS OR USE, AND (IV) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING THE USE OF + VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE APPLICATION.
    2. +
+

+
    +
  1. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED + WARRANTIES IN CONTRACTS WITH CONSUMERS, THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
    2. +
+

+
    +
  1. LIMITATION OF LIABILITY
    2. +
+

+
    +
  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER RARILABS NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, + INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED + TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER + INTANGIBLE LOSSES (EVEN IF RARILABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER + BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) ACCESS TO OR USE OF THE APPLICATION; (II) UNAUTHORIZED ACCESS TO OR + ALTERATION OF YOUR DATA; (III) STATEMENTS OR CONDUCT OF ANY + THIRD PARTY ON THE APPLICATION, OR (IV) ANY OTHER MATTER + RELATING TO THE APPLICATION. IN NO EVENT WILL RARILABS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES + OF ACTION EXCEED USD 100 (ONE HUNDRED DOLLARS).
    2. +
+

+
    +
  1. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF + CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. + ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT + TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS + AND USE OF THE APPLICATION.
    2. +
+

 

+
    +
  1. GOVERNING LAW AND DISPUTE RESOLUTION
    2. +
+

+
    +
  1. The Terms shall be governed by + and construed and interpreted in accordance with the laws of the State of Delaware irrespective of the choice of + laws principles of the State of Delaware, as to all matters, including matters of validity, construction, + effect, enforceability, performance, and remedies. Although the Application may be available in other + jurisdictions, each User hereby acknowledges and agrees that such availability shall not be deemed to give rise + to general or specific personal jurisdiction over Rarilabs in any forum outside the State of Delaware. +
    2. +
+

+
    +
  1. If the User has a potential legal dispute, claim, or cause of action + against Rarilabs, the User shall first (prior to initiating any litigation + proceedings) contact Rarilabs by sending an email to: legal@rarilabs.com (subject + line: "Dispute") describing the nature of the + potential dispute, claim, or cause of action and providing all relevant documentation and evidence thereof. If + so elected by Rarilabs, the User shall use commercially reasonable efforts to negotiate a settlement of any such + legal dispute, claim, or cause of action within 60 (sixty) calendar days of the delivery of such email (the + "Facilitation Period"). Any such dispute, claim, + or cause of action that is not finally resolved by a binding, written settlement agreement within the + Facilitation Period shall be brought and resolved exclusively in accordance with the following provisions of + this Section 12.
    2. +
+

+
    +
  1. Except as set forth in Section 12.2, all claims, disputes, and + controversies directly or indirectly arising out of or in connection with or directly or indirectly relating to + the Terms or any of the matters or transactions contemplated by the Terms (for the + avoidance of doubt, including any claim seeking to invalidate, or alleging that, all or any part of the Terms is + unenforceable, void or voidable) (such claims, disputes and controversies, collectively, + the "Disputes") shall be finally settled by binding arbitration, rather than in court. + The arbitrator, and not any federal, state or local + court, agency, or other governmental authority, shall have exclusive authority to resolve the Disputes. +
    2. +
+

+
    +
  1. The User and Rarilabs (collectively, the "parties") hereby acknowledge, represent and warrant that they understand that: (i) there is no judge or jury in arbitration, + and, absent this mandatory provision, the parties would + have the right to sue in court and have a jury trial concerning Disputes; (ii) in some instances, the costs of arbitration could exceed the costs of litigation; + (iii) the right to discovery may be more limited in + arbitration than in court, and (iv) court review of an arbitration award is limited. The Federal + Arbitration Act and federal arbitration law apply to + the Terms. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, + OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY. +
    2. +
+

+
    +
  1. Rarilabs or, following the Facilitation Period, any User may initiate + an arbitration proceeding by delivering written notice to the other, whereupon the parties shall reasonably + cooperate to select an arbitrator and submit the relevant Dispute to such arbitrator. In the event the parties + are unable to agree on the selection of an arbitrator within 15 (fifteen) calendar days from the filing of a + demand for arbitration, the American Arbitration Association (the "AAA") shall appoint the arbitrator. Any such arbitration shall be administered by the AAA in + accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer + related disputes of the AAA excluding any rules or procedures governing or permitting class actions. Rarilabs + will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are + frivolous. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or + in equity. The arbitrator's award shall be written and reasoned, and binding on the parties, and may be + entered by any party as a judgment in any court of competent jurisdiction.
    2. +
+

+
    +
  1. The seat of arbitration shall be Wilmington, the State of + Delaware. The arbitrator may choose to have the arbitration of any Dispute conducted by telephone, based on + written submissions, or at a mutually agreed location; provided, however, that Rarilabs may opt to transfer the + venue of any arbitration hearing to Wilmington, Delaware in the event that it agrees to pay any additional fees + or costs the User may reasonably incur as a result of the change in venue, as determined by the arbitrator, and, + subject to the foregoing, the User hereby agree to submit to the personal jurisdiction of any federal or state + court in Wilmington, Delaware, in order to compel arbitration, to stay proceedings pending arbitration, or to + confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
    2. +
+

+
    +
  1. Except to the extent necessary to enforce their respective rights + under the Terms or as otherwise required by applicable law, the parties undertake to maintain confidentiality as + to the existence and events of the arbitration proceedings and as to all submissions, correspondence, and + evidence relating to the arbitration proceedings. This provision shall survive the termination of the relevant + arbitral proceedings.
    2. +
+

+
    +
  1. All Users hereby agree that any arbitration or other permitted + action with respect to any Dispute shall be conducted in their individual capacities only and not as a class + action or other representative action, and the Users expressly waive their right to file a class action or seek + relief on a class basis. USERS SHALL BRING CLAIMS AGAINST RARILABS ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS + A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
    2. +
+

+
    +
  1. If any court or arbitrator makes a final, binding and non-appealable + determination that the class action waiver set forth in Section 12.8 is void or unenforceable for any reason or that an arbitration can proceed on a class + basis, then the arbitration provision set forth above shall be deemed null and void with respect to any Dispute + that would thus be required to be resolved by arbitration on a class basis, and the parties shall be deemed to + have not agreed to arbitrate such Dispute. In the event that, as a result of the application of the immediately + preceding sentence or otherwise, any Dispute is not subject to arbitration, the parties hereby agree to submit + to the personal and exclusive jurisdiction of and venue in the courts located in the Wilmington, the State of + Delaware and to accept service of process by mail with respect to such Dispute, and hereby waive any and all + jurisdictional and venue defenses otherwise available with respect to such Dispute.
    2. +
+

+
    +
  1. Under California Civil Code section 1789.3, we are required to + provide California residents with the following specific consumer rights information:
    2. +
+

 

+
    +
  1. the provider of the Services and Application: Rarilabs, Inc., a + Delaware corporation, contact details of which are indicated in Section 13 + hereof; and
    2. +
+

+
    +
  1. to file a complaint regarding the Services or Application, or both, or + to receive further information regarding use of the + Website, please contact us via email at: legal@rarilabs.com. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of + California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California + 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
    2. +
+

+
    +
  1. NOTICES
    2. +
+

+

We may provide any notice or communication required or permitted hereunder by + posting such notice or communication on our Application or through any other electronic means reasonably likely to + be received by you. You may contact us at the following contact details: +

+

+

Name: Rarilabs, Inc., a Delaware + corporation

+

Address: 1101 Brickell Avenue, South Tower, 8th + Floor, Miami, FL 33131

+

Email: legal@rarilabs.com 

+

+
    +
  1. MISCELLANEOUS PROVISIONS
    2. +
+

+
    +
  1. These Terms are + not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by + law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and + that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities + are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and + obligations that we owe you are those set out expressly in these Terms.
    2. +
+

+
    +
  1. You shall not assign, transfer, + mortgage, charge, declare a trust of, or deal in any other manner with any or all of your rights and obligations + under these Terms without prior written consent of Rarilabs. + Rarilabs may assign, transfer, mortgage, charge, + declare a trust of, or deal in any other manner with any or all of its rights and obligations under these Terms + without your prior written consent.
    2. +
+

+
    +
  1. These Terms set forth the entire + agreement between you and Rarilabs with regard to the + subject matter hereof and supersede all prior or contemporaneous agreements and understandings, both written and + oral, between you and Rarilabs with respect to the + subject matter hereof.
    2. +
+

+
    +
  1. Should any term, condition, provision, + or part of these Terms be found to be unlawful, invalid, illegal, or unenforceable, that portion shall be deemed null and void and severed from these Terms for all purposes, but + such illegality, or invalidity or unenforceability shall not affect the legality, validity, or enforceability of the remaining parts of these Terms, + and the remainder of these Terms shall remain in full force and effect, unless such would be manifestly + inequitable or would serve to deprive either Party of a material part of what it bargained for in entering into + these Terms.
    2. +
+

+
    +
  1. No failure or delay on the part of Rarilabs in the exercise of any power, right, privilege, or remedy under the Terms shall operate as a waiver of + such power, right, privilege, or remedy; and no single + or partial exercise of any such power, right, + privilege, or remedy shall preclude any other or further + exercise thereof or of any other power, right, privilege or remedy. Rarilabs shall not be deemed to have waived any claim arising out of the Terms, or any power, right, + privilege, or remedy under the Terms, unless the waiver of + such claim, power, right, privilege, or remedy is + expressly set forth in a written instrument duly executed and delivered on behalf of Rarilabs, and any such waiver shall not be applicable or have any + effect except in the specific instance in which it is given.
    2. +
+

+
    +
  1. Nothing contained in these Terms shall be deemed to constitute a partnership, joint venture or employment.
    2. +
+

+
    +
  1. These Terms shall inure to the benefit of Rarilabs, the Users, + and their respective permitted successors, permitted assigns, permitted transferees and permitted delegates and + shall be binding upon all of the foregoing persons and any person who may otherwise succeed to any right, obligation, or liability under these + Terms by operation of law or otherwise.
    2. +
+

+
    +
  1. Rarilabs shall not incur + any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in + connection with the matters contemplated hereby by reason of any occurrence that is not within its control + (including any provision of any present or future law or regulation or any act of + any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, + disruption or malfunction of the Internet, the World Wide Web or any other electronic network, or any aspect + thereof, or any hack, denial-of-service or other attack on the foregoing or any aspect thereof, or on the other + software, networks and services that + enable Rarilabs to provide the Application). It being understood that Rarilabs shall use commercially reasonable efforts, consistent with + accepted practices in the industries in which Rarilabs operates, as applicable, to resume performance as soon as reasonably practicable under + the circumstances.
    2. +
+

+
+

+

+

+
+ + + \ No newline at end of file diff --git a/static/privacy-notice.html b/static/privacy-notice.html new file mode 100644 index 0000000..35154bd --- /dev/null +++ b/static/privacy-notice.html @@ -0,0 +1,3913 @@ + + + + + + + + +
+

+
+

RariMe Privacy Notice

+

+

Last Updated: May 31, 2024

+

+

This RariMe Privacy Notice (the "Privacy Notice") is designed to help you + understand how Rarilabs Inc., a Delaware corporation, having its principal place of business at 1101 Brickell + Avenue, South Tower, 8th Floor, Miami, FL 33131, the United States ("Rarilabs", "we", "us" or "our"), collects, uses, and shares your personal information, and to help + you understand and exercise your privacy rights. This Privacy Notice is incorporated by the reference into the RariMe General Terms & Conditions (https://rarime.com/general-terms.html) (the "Terms") and together with the Terms constitutes a binding agreement between you and Rarilabs and + describes our information handling practices when you access and use the Application (as defined in the Terms), Website (as defined in + the Terms), and any other Services (as defined in + below). If you choose to access or use the Application, Website or Services, such actions + and any Dispute (as defined in the Terms) over privacy is + subject to this Privacy Notice and Terms, including limitations on damages.

+

 

+

Capitalized terms used but not defined in this Privacy Notice shall take the meanings + assigned to such terms by the Terms.

+

+

Notice at Collection. At or before the time of collection, + California residents may have a right to receive notice of our practices, including the categories of personal + information to be collected, the purposes for which such information is collected or used, + whether such information is sold or + shared and how to opt out of such uses, and how long such information is retained. You can find those details in this statement by clicking + on the above links.

+

+

1. SCOPE AND UPDATES TO THIS PRIVACY + NOTICE        1

+

2. PERSONAL INFORMATION WE + COLLECT        2

+

3. HOW WE USE YOUR PERSONAL + INFORMATION        3

+

4. HOW WE DISCLOSE YOUR PERSONAL + INFORMATION        3

+

5. SPECIFIC INFORMATION ABOUT THE USE OF THE WEBSITE AND OUR SERVICES        4

+

6. YOUR PRIVACY CHOICES AND + RIGHTS        7

+

7. INTERNATIONAL TRANSFERS OF PERSONAL + INFORMATION        9

+

8. RETENTION OF PERSONAL + INFORMATION        10

+

9. SUPPLEMENTAL NOTICE FOR CALIFORNIA + RESIDENTS        10

+

10. SUPPLEMENTAL NOTICE FOR NEVADA + RESIDENTS        13

+

11. CHILDREN’S + INFORMATION        13

+

12. OTHER + PROVISIONS        13

+

13. CONTACT + US        14

+

+
    +
  1. SCOPE AND UPDATES TO THIS PRIVACY NOTICE
    2. +
+

+

This Privacy Notice applies to personal information processed by us, including + in the Application, on the Website, and in other online or + offline offerings. To make this Privacy Notice easier to read, where the context allows, the Application, Website and other offerings are collectively called + the "Services". 

+

+

Changes to Our Privacy Notice. We may revise this Privacy + Notice from time to time in our sole discretion. The revised Privacy Notice will be effective immediately at the + time of posting, unless a later effective date is expressly stated therein. We will also revise the "Last + Updated” date stated above. If there are any material changes to this Privacy Notice, we will notify you as + required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy + Notice if you continue to use our Services after the new Privacy Notice takes effect.

+

+

It is your responsibility to periodically review this Privacy Notice. The Users are + bound by any changes to this Privacy Notice by using our Services after such changes have been first posted. If + you do not agree to the new Privacy Notice, your only remedy is to discontinue use of the Services.

+

+
    +
  1. PERSONAL INFORMATION WE COLLECT
    2. +
+

+

The categories of personal information we collect depend on how you interact with us, + our Services, and requirements of applicable law. We collect information that you provide to us, information we + obtain automatically when you use our Services, and information from other sources such as third-party services + and organizations, as described below.

+

+
    +
  1. Personal Information You Provide to Us Directly
    2. +
+

+

We may collect personal information that you provide to us.

+

+ +

 

+
    +
  1. Personal Information Collected Automatically
    2. +
+

+

Automatic Collection of Personal Information. We may + collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, mobile carrier and other unique identifiers, browser or device + information, location information (including approximate location derived from IP + address), blockchain information (such as your + Digital Assets Wallet address, on-chain activities, + interactions with the Services and other similar activities).

+

+
    +
  1. Personal Information Collected from Other Sources
    2. +
+

+

Referrals and Sharing Features. Our Services may offer various tools and functionalities that allow + you to provide personal information about your friends through our referral service. Our referral services may + also allow you to forward or share certain content with a friend or colleague, such as an email inviting your + friend to use our Services. Please only share with us contact information of people with whom you have a + relationship (e.g., relative, friend, neighbor, or co-worker).

+

+
    +
  1. +

    HOW WE USE YOUR PERSONAL INFORMATION

    +
    2. +
+

+

Provide Our Services. We use your personal information to + fulfill our contract with you, to provide you with our Services and to comply with the law, such as:

+ +

+

Administrative Purposes. We use your personal information for + various administrative purposes, such as:

+

+ +

+

With Your Consent. We may use personal information for other + purposes that are clearly disclosed to you at the time you provide personal information or with your + consent.

+

+
    +
  1. +

    HOW WE DISCLOSE YOUR PERSONAL INFORMATION

    +
    2. +
+

+

We disclose your personal information to third parties for a variety of business + purposes, including to provide our Services, to protect us or others, or in the event of a major business + transaction such as a merger, sale, or asset transfer, as described below.

+

+
    +
  1. Disclosures to Provide Our Services
    2. +
+

+

Without the support of other companies, we would not be able to provide our Services + in the desired form. To use the services of these companies, it is necessary to share your personal information + with these companies to a certain extent. The disclosure of data is limited to selected third-party service + providers and only to the extent necessary for the optimal provision of our Services.

+

+

The legal basis for this data processing is the performance of a contract within + the meaning of Article 6(1)(b) of the Regulation (EU) + 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with + regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC + (the "GDPR").

+

+

Your data may be disclosed to third parties to the extent necessary for the + fulfilment of the contractual relationship. The legal basis for these disclosures is the necessity for the + performance of a contract within the meaning of Article 6(1)(b) of + the GDPR. For these data processing activities, the third-party service providers are considered data controllers + under the data protection laws, and not us. It is the responsibility of these third-party service providers to + inform you about their own data processing, which may extend beyond the mere sharing of data for the provision of + services, and to comply with data protection laws.

+

+

The categories of third parties with whom we may share your personal information are + described below.

+

+ +

 

+
    +
  1. Disclosures to Protect Us or Others
    2. +
+

+

We may access, preserve, and disclose any information we store + associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: + comply with law enforcement or national security requests and legal process, such as a court order or subpoena; + protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect + amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity. +

+

+

The legal basis for this data processing is our legitimate interest within the + meaning of Article 6(1)(f) of the GDPR in protecting our rights + and fulfilling our obligations, as well as in the sale of our company or parts thereof.

+

+
    +
  1. Disclosure in the Event of Merger, Sale, or Other Asset Transfers +
    2. +
+

+

If we are involved in a merger, acquisition, financing due diligence, reorganization, + bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your + information may be sold or transferred as part of such a transaction, as permitted by law and/or contract. +

+

+

The legal basis for this data processing is our legitimate interest within the + meaning of Article 6(1)(f) of the GDPR in protecting our rights + and fulfilling our obligations, as well as in the sale of our company or parts thereof.

+

+
    +
  1. +

    SPECIFIC INFORMATION ABOUT THE USE OF THE WEBSITE + AND OUR SERVICES

    +
    2. +
+

+
    +
  1. When Accessing and Using Website
    2. +
+

+

When you visit our Website, the web servers temporarily store every access in a log + file. The following data is collected without your intervention and stored by us until automatically + deleted:

+

+ +

+

The collection and processing of this data is carried out for the purpose of enabling + the use of our Website (establishing a connection), ensuring + the long-term security and stability of the system, and enabling error and performance analysis and optimization + of our Website.

+

+

In case of an attack on the network infrastructure of the Website or suspicion of + other unauthorized or improper use of the Website, the IP address and other data will be analyzed for + clarification and defense purposes; if necessary, they may be used in civil or criminal proceedings for the + identification of the respective User.

+

+

The legal basis for this data processing is our legitimate interest within the meaning + of Article 6(1)(f) of the GDPR in the purposes described above.

+

+

For the operation of our Website, we use the services of our hosting provider: Google + LLC, having its principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043, United + States, or its affiliates, as described at https://cloud.google.com/terms/google-entity ("Google"). As a result, your data may + be stored in a Google database, which may enable Google to access your data if this is necessary for the provision + of the software and for support in using the software. For more information on data processing in relation to + Google, see https://cloud.google.com/terms/data-processing-addendum. The legal basis for this processing is our legitimate interest within the meaning of Article 6(1)(f) + of the GDPR in using the services of third-party providers.

+

+
    +
  1. When You Contact Us
    2. +
+

+

If you contact us through our contact addresses and channels (e.g., by e-mail, phone), your personal information is processed. We process + the data you provide us with, such as your name, email address, phone number, and your request. Additionally, the + time of receipt of the request will be documented. We process this data to address your request (e.g., providing information about our products and services, providing customer and technical + support, incorporating your feedback into the improvement of our products and services, etc.).

+

+

The legal basis for this data processing is our legitimate interest under Article + 6(1)(f) of the GDPR in addressing your request or, if your request is aimed at the conclusion or performance of a + contract, in the implementation of the necessary measures within the meaning of Article 6(1)(b) of the + GDPR.

+

+
    +
  1. When you Interact with Application
    2. +
+

+

As described in the Terms, the Application consist of the web application + "RariMe", available at the Website (the "Web Application"), MetaMask (as defined below) + "snap" ("RariMe Snap") and corresponding + mobile application (the "Mobile Application"). +

+

+
    +
  1. RariMe Snap
    2. +
+

+

On our Website, you can access RariMe Snap. In general, RariMe Snap allows Users to + store their Public Key (as defined in the Terms) through the + Digital Asset Wallet, such as in the application "MetaMask" (https://metamask.io/) ("MetaMask").

+

+

RariMe Snap operates in combination with a browser extension, Web Application, + mentioned below, and a software running on top of a blockchain network. The User may import the Public Key + generated by the Mobile Application into RariMe Snap, which then store this Public Key in browser extension. Via + RariMe Snap we do not have any access to the Identifying Document data.    

+

 

+

The respective personal information is processed for the purpose of providing the + identity storing and managing services. The legal basis for this data processing is the performance of a contract + within the meaning of Article 6(1)(b) of the GDPR.

+

+

For providing RariMe Snap, we rely on the MetaMask browser extension provided by + Consensys Software Inc., having its principal place of business at 49 Bogart Street NY 11206, the United States. + Therefore, your data may be stored in a database of Consensys Software Inc., which may allow Consensys Software + Inc. to access your data if this is necessary for providing the software and supporting its use. The legal basis + for this processing is our legitimate interest within the meaning of Article 6(1)(f) of the GDPR in using the + services of third-party providers. Information about data processing by Consensys Software Inc. can be found at + https://consensys.io/privacy-policy.

+

+

We are not responsible for the data processing in connection with the base layer of + the blockchain network. We are also not responsible for the verification activities initiated by the User. +

+

+
    +
  1. Web Application
    2. +
+

+

The Web Application is the Interface (as defined in the + Terms) which reflects the Public Keys, which are stored in RariMe Snap, and allows manage + them and use to access and exchange identity-related information.

+

+

The Web Application operates in combination with a browser + extension, RariMe Snap, and a software running on top of a blockchain + network. Via Web Application we do not have any access to the Identifying Document data.    

+

+

The legal basis for this data processing is the performance of a contract within the + meaning of Article 6(1)(b) of the GDPR.

+

 

+
    +
  1. Mobile Application
    2. +
+

+

Downloading Mobile Application

+

+

When downloading the Mobile Application, the respective application store provider + collects your personal information, in particular:

+

+ +

+

For the purposes and scope of such data processing, please refer to the privacy policy + of the relevant application store providers:

+

+ +

+

By downloading our Mobile Application from the App Store or Google Play, you have + legitimized yourself to the respective application store (e.g., via your Apple + ID). A use by Apple Inc. or Google LLC of the data collected in connection with the + download or use of the applications that is not in compliance with the GDPR can therefore not be ruled out on the + part of Rarilabs. We have no influence on this. However, we do not pass on data to Apple Inc. or Google LLC. +

+

+

The legal basis for the data processing is your consent by deciding to download the + application within the meaning of Article 6(1)(a) of the GDPR and the performance of a contract within the meaning + of Article 6(1)(b) of the GDPR.

+

+

Use of Mobile Application

+

+

The Application allows you to create a profile for the Digital Identity creation + purposes in a privacy enhancing manner. For this purpose, the Identifying Document should be scanned via the + Mobile Application. You decide what Identifying Document is scanned for this purpose. The Identifying Document + data is stored encrypted on the Device (as defined in the Terms) and can only be decrypted with a passcode determined by the User. After scanning the Identifying + Document data, the Application creates the Digital Identity, which is unique data associated with the respective + User.

+

+

In the context of the Mobile Application, we do not have access to the Digital + Identity and Identifying Document data, such information is stored solely and exclusively on the Device. +  

+

+

The Application publishes the Digital Identity upon request by the User on the + blockchain. For this purpose, the Application is connected via interface with a service provided by us and + operated on cloud machines. We use for this purpose cloud services provided by a third-party service provider. The + cloud server is operated in the United States and Singapore. It cannot entirely exclude that the third-party + service provider has access to the Digital Identity in exceptional circumstances. However, from the perspective of + the third-party service provider the Digital Identity are qualified as anonymized data.

+

+

The legal basis for the data processing for this purpose is the performance of a + contract within the meaning of Article 6(1)(b) of the GDPR.

+

+

We are not anymore responsible for the processing of the Digital Identity on the + blockchain. We are neither data controller nor joint controller for any processing activities on the blockchain. +

+

+

Third-Party Verification Process

+

+

When the User wants to initiate a verification process, the Application retrieves + Identifying Document data from the local storage of the device. The Application generates a new zero-knowledge + proof (the "ZKP") proving inter alia that the + respective User has the Digital Identity. The Application discloses the ZKP to the verifier and the verifier runs + the ZKP verification.

+

+

The legal basis for the data processing for this purpose is the performance of a + contract within the meaning of Article 6(1)(b) of the GDPR.

+

+

We are not responsible for the processing activities of the verifier.

+

+
    +
  1. +

    YOUR PRIVACY CHOICES AND RIGHTS

    +
    2. +
+

+

Your Privacy Choices. The privacy choices you may have about + your personal information are determined by applicable law and are described below.

+

+ +

+

 Your + Privacy Rights. In accordance with applicable law, you may have the following + rights:

+

+ +

+

If you would like to exercise any of these rights, please contact us as set forth + in "Contact + Us" below. We will process + such requests in accordance with applicable laws. Please note that many of the above rights are subject to + exceptions and limitations. If we are not able to provide the requested information or make the change you + requested, you will be provided with the reasons for such decisions.

+

 

+

Your rights and our responses will vary based on your country or state of residency. + Please note that you may be located in a jurisdiction where we are not obligated, or are unable, to fulfill a + request. In such a case, your request may not be fulfilled.

+

+

In the United States, state consumer privacy laws may provide their residents with + additional rights regarding our use of such residents’ personal information. For example:

+

+ + + + +

+

If you would like to exercise any of these rights, please contact us as set forth + in "Contact Us" below.

+

 

+

We do not discriminate against individuals who exercise any of their rights + described in this Privacy Notice. However, we may require use + of your personal information to provide access to the Services. Therefore, when you exercise your deletion right, + in particular, you may lose access to certain aspects of the Services that require your personal + information.

+

+

If applicable laws grant you an appeal right and you would like to + appeal our decision with respect to your request, you may do so by informing us of this and providing us with + information supporting your appeal.

+

+

Supervisory Authority. If your personal information is subject + to the applicable data protection laws of the European Economic Area, Switzerland, or United Kingdom, you have the + right to lodge a complaint with the competent supervisory authority if you believe our processing of your personal + information violates applicable law.

+

+ +

+
    +
  1. +

    INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION +

    +
    2. +
+

+
    +
  1. Transfer of Personal Information to Third + Countries
    2. +
+

+

We have the right to transfer your personal information to third + parties located abroad if it is necessary to carry out the data processing described in this Privacy Notice. + Specific data transfers have been mentioned above. When making such transfers, we will ensure compliance with the + applicable legal requirements for disclosing personal information to third parties. The legal provisions governing + the disclosure of personal information to third parties are duly observed. The countries to which data is + transmitted include those that, according to the decision of the Federal Council and the European Commission, have + an adequate level of data protection (such as the member states of the EEA or, from + the European Union's (the "EU") perspective, Switzerland), as well as those countries + (such as the United States) whose level of data + protection is not considered adequate (see Annex 1 of the Data Protection + Ordinance and the website + of the EC). If the country in question does not provide an adequate level of data + protection, we ensure that your data is adequately protected by these companies by means of appropriate + safeguards, unless an exception is specified on a case-by-case basis for the individual data processing + (see Article 49 of the GDPR). Unless otherwise specified, this + refers to the choice of companies certified under the Privacy + Framework agreement or standard contractual clauses as referred to in Article + 46(2)(c) of the GDPR, which can be found on the websites of the + Federal Data Protection and Information Commissioner (FDPIC) and the + EC. If you have any questions regarding the implemented measures, please contact us as set forth in "Contact Us" below.

+

+
    +
  1. Information on Data Transfers to the United + States
    2. +
+

+

For the sake of completeness, we would like to inform Users residing or based in + Switzerland or EU that certain third-party service providers mentioned in this Privacy Notice are located in the + United States. It is important to note that there are surveillance measures by the United States authorities in + place that generally allow for the storage of all personal information of individuals whose data has been + transmitted from Switzerland or EU to the United States. This occurs without differentiation, limitation, or + exception based on the purpose for which the data is being collected and without an objective criterion that would + restrict the United States authorities' access to the data and its subsequent use to specific, strictly + limited purposes that can justify the interference associated with accessing and using the data. Furthermore, we + would like to point out that affected individuals from Switzerland or EU do not have legal remedies or effective + judicial protection against general access rights of the United States authorities, which would allow them to + access the data concerning them and to rectify or delete it. We explicitly highlight this legal and factual + situation to enable you to make an informed decision regarding your consent or opposition to the use of your + data.

+

+

For Users residing in Switzerland or a member state of the EU, we also want to + inform you that, from the perspective of the EU and Switzerland, the United States does not provide an adequate level of data protection, among other reasons, as explained in this + paragraph. In cases where we have mentioned in this Privacy Notice that data recipients are located in the United States, we will ensure through the choice of companies + certified under the Privacy + Framework agreement or through contractual arrangements with these companies + and, if necessary, additional appropriate safeguards, that your data is adequately protected at our third-party + service providers.

+

+
    +
  1. +

    RETENTION OF PERSONAL INFORMATION

    +
    2. +
+

+

How long we retain your personal information depends on the context in which, and + purposes for which, we collected it. We store the personal information we collect as described in this Privacy + Notice for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, + provide our Services, resolve Disputes, establish legal defenses, conduct audits, pursue legitimate business + purposes, enforce our agreements, and comply with applicable laws.

+

+

To determine the appropriate retention period for personal information, we may + consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain + risk factors, the purposes for which we process your personal information, and whether we can achieve those + purposes through other means.

+

+
    +
  1. +

    SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS +

    +
    2. +
+

+

This Supplemental Notice for California Residents supplements our Privacy Notice and + only applies to our processing of personal information that is subject to the California Consumer Privacy Act of + 2018 (as amended from time to time) (the "CCPA").

+

+

The CCPA provides California residents with the right to know what categories of + personal information Rarilabs has collected about them, whether Rarilabs disclosed that personal information for a + business purpose (e.g., to a service provider), whether + Rarilabs "sold" that personal information, and whether Rarilabs "shared" that personal + information for "cross-context behavioral advertising" in the preceding twelve months. California + residents can find this information below:

+

+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +
+

Category of Personal Information Collected by Rarilabs

+ 		+

Category of Third Parties To Whom Personal Information is Disclosed to for a + Business Purpose

+ 		+

Category of Third Parties To Whom Personal Information is Sold and/or + Shared

+
+

Identifiers

+ 		+
    +
  • Service providers
    • +
+ 		+

N/A 

+
+

Personal information categories listed in the California Customer Records + statute (Cal. Civ. Code § 1798.80(e))

+ 		+
    +
  • Service providers
    • +
+ 		+

N/A

+
+

Protected classification characteristics under California or federal + law

+ 		+
    +
  • Service providers
    • +
+ 		+

N/A

+
+

Commercial information

+ 		+
    +
  • Service providers
    • +
+ 		+

N/A

+
+

Biometric information

+ 		+

N/A

+ 		+

N/A

+
+

Internet or other electronic network activity

+ 		+
    +
  • Service providers
    • +
+ 		+

N/A 

+
+

Geolocation data

+ 		+

N/A

+ 		+

N/A

+
+

Sensory data

+ 		+

N/A

+ 		+

N/A

+
+

Professional or employment-related information

+ 		+

N/A 

+ 		+

N/A

+
+

Non-public education information (per the Family Educational Rights and + Privacy Act (20 U.S.C. Sec. 1232g, 34 C.F.R. Part 99))

+ 		+

N/A

+ 		+

N/A

+
+

Inferences drawn from other personal information to create a profile about a + consumer

+ 		+

N/A 

+ 		+

N/A 

+
+

Personal information that reveals a consumer’s social security, + driver’s license, state identification card, or passport number

+ 		+
    +
  • Service providers
    • +
+ 		+

N/A

+
+

Personal information that reveals a consumer’s account log-in, + financial account, debit card, or credit card number in combination with any required security or access + code, password, or credentials allowing access to an account

+ 		+

N/A

+ 		+

N/A

+
+

Personal information that reveals a consumer’s precise geolocation +

+ 		+

N/A

+ 		+

N/A

+
+

Personal information that reveals a consumer’s racial or ethnic + origin, religious or philosophical beliefs, or union membership

+ 		+

N/A

+ 		+

N/A

+
+

Personal information that reveals the contents of a consumer’s mail, + email, and text messages unless Rarilabs is the + intended recipient of the communication

+ 		+

N/A

+ 		+

N/A

+
+

Personal information that reveals consumer’s genetic data

+ 		+

N/A

+ 		+

N/A

+
+

Biometric information that is processed for the purpose of uniquely + identifying a consumer

+ 		+

N/A

+ 		+

N/A

+
+

Personal information collected and analyzed concerning a consumer’s + health

+ 		+

N/A

+ 		+

N/A

+
+

Personal information collected and analyzed concerning a consumer’s + sex life or sexual orientation

+ 		+

N/A

+ 		+

N/A

+
+

+

The categories of sources from which we collect personal information and our business + and commercial purposes for using and disclosing personal information are set forth in "Personal Information + We Collect", "How We Use Your Personal Information", and "How We Disclose Your Personal + Information" above, respectively. We will retain personal information in accordance with the time periods set + forth in "Retention of Personal Information."

+

+

We may "sell" and "share" your personal information to + provide you with "cross-context behavioral + advertising" about Rarilabs’s products and services.

+

+

Additional Privacy Rights for California Residents

+

+

Opting Out of "Sales" of Personal Information and/or "Sharing" + for Cross-Context Behavioral Advertising under the CCPA. California residents have the + right to opt out of the "sale" of personal information and "sharing" of personal information + for "cross-context behavioral advertising." California residents may exercise these rights by using the + information found in "Contact + Us".

+

+

Disclosure Regarding Individuals Under the Age of 16. + Rarilabs does not have actual knowledge of any "sale" of personal information of minors under 16 years + of age. Rarilabs does not have actual knowledge of any "sharing" of personal information of minors under + 16 years of age for "cross-context behavioral advertising."

+

+

Disclosure Regarding Opt Out Preference Signals. Applicable + law may provide for an opt out by broadcasting an Opt Out Preference Signal, such as the Global Privacy Control + (GPC) (on the browsers and/or + browser extensions that support such a signal). To download and use a browser supporting + the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or + browser extension you use.

+

+

Disclosure Regarding Sensitive Personal Information. Rarilabs may only uses and discloses + sensitive + personal information for the following purposes:

+

+ +

+

Non-Discrimination. California residents have the right not + to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA. 

+

+

Verification. To protect your privacy, we will take steps + to reasonably verify your identity before fulfilling requests submitted under the CCPA. These steps may involve + asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we + collected personal information or an authorized representative. Examples of our verification process may include + Rarilabs’s request for the specific information from you + to help us confirm your identity and ensure your right to access your personal + information (or to exercise any of your other + rights). This is a security measure to ensure that personal information is + not disclosed to any person who has no right to receive it. We may also contact you to ask you for further + information in relation to your request to speed up our response.

+

+

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may + make a verifiable consumer request related to your personal information. To authorize an agent, provide written + authorization signed by you and your designated agent using the information found in "Contact Us" below and ask us for additional instructions.

+

+
    +
  1. +

    SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

    +
    2. +
+


If you are a resident of Nevada, you have the right to opt out of the sale of + certain personal information to third parties who intend to license or sell that personal information. Please note + that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter + 603A. If you have any questions, please contact us as set forth in "Contact Us" below.

+

+
    +
  1. +

    CHILDREN’S INFORMATION

    +
    2. +
+


The Services are not directed to children under 18 (eighteen) (or other age as required by local + law), and we do not knowingly collect personal information from children.

+

+

If you are a parent or guardian and believe your child has uploaded personal + information to our Services without your consent, you may contact us as described in "Contact Us" below. If we become + aware that a child has provided us with personal information in violation of applicable law, we will delete any + personal information we have collected, unless we have a legal obligation to keep it, and terminate the + child’s account, if applicable.

+

+
    +
  1. +

    OTHER PROVISIONS

    +
    2. +
+

+

Third-Party Websites/Applications. The + Services may contain links to other websites/applications and other websites/applications may reference or link to + our Services. These third-party services are not controlled by us. We encourage our Users to read the privacy + policies of each website and application with which they interact. We do not endorse, screen, or approve, and are + not responsible for, the privacy practices or content of such other websites or applications. Providing personal + information to third-party websites or applications is at your own risk.

+

+

Verification Process. Only you, or a person that you + authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If + you designate an authorized agent to submit requests to exercise certain privacy rights on your behalf, we will + require verification that you provided the authorized agent permission to make a request on your behalf. You must + provide us with a copy of the signed permission you have given to the authorized agent to submit the request on + your behalf and verify your own identity directly with us.

+

 

+

The verifiable consumer request must:

+

+ +

 

+

Our verification process may also include a request for additional information to + confirm your identity or your authorized agent’s identity (such as your name, + email address and date of birth) or to obtain proof that you have given your authorized + agent permission to act on your behalf. If our verification process is successful, we will respond to your request + within the time and in the manner required by applicable law. If we cannot validate the identity of you and/or + your authorized agent or obtain proof that you have given your authorized agent permission to act on your behalf, + we will attempt to contact you to inform you.

+

 

+

We cannot respond to your request or provide you with personal information if we + cannot verify your identity or authority to make the request and confirm that the personal information relates to + you. We will only use personal information provided in a verifiable consumer request to verify the + requestor’s identity or authority to make the request.

+

 

+

We will deliver our written response by mail or electronically, at your option. For + data portability requests, we will select a format to provide your personal information that is readily useable + and should allow you to transmit the personal information from one entity to another entity without hindrance, + specifically by electronic mail communication. Further, if you would like to appeal any decision we make about + your request, you may contact us as stated in the "Contact Us" section below.

+

+
    +
  1. +

    CONTACT US 

    +
    2. +
+

+

Rarilabs is the controller of the personal information we + process under this Privacy Notice.

+

+

If you have any questions about our privacy practices or this Privacy Notice, or to + exercise your rights as detailed in this Privacy Notice, please contact us at:

+

+ +

+
+

+

+
+ + + \ No newline at end of file