GENERAL TERMS AND CONDITIONS OF USE

Web3 Digital Wallet - Talao

Effective Date: December 4, 2023

"GENERAL TERMS AND CONDITIONS OF USE

**PLEASE CAREFULLY READ THESE GENERAL TERMS AND CONDITIONS OF USE (HEREINAFTER REFERRED TO AS "T&C") GOVERNING THE USE OF THE TALAO SERVICE. THESE T&C CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, REMEDIES, AND OBLIGATIONS.

BY USING THE Talao SERVICE, YOU UNCONDITIONALLY ACCEPT THESE GENERAL TERMS AND CONDITIONS OF USE, AND THEY APPLY TO ALL USERS.

THE PARTIES ACKNOWLEDGE THAT THEY HAVE RECEIVED ALL NECESSARY INFORMATION BEFORE COMMITTING, THROUGH THESE T&C AND ANY OTHER DOCUMENT BROUGHT TO THEIR ATTENTION."

Preamble

This document aims to establish the terms and conditions under which Web3 Digital Wallet, hereinafter referred to as "the Provider," offers Users access to the Talao Service, hereinafter referred to as the "Service."

The User's access and use of the Service, as described in these T&C, signify their acceptance of these General Terms and Conditions of Use. These T&C are applicable to all Users.

Both parties declare that they have received all necessary information before committing, as provided in these T&C, and through any other documents that may be made available to them.

Legal mentions

The Service is provided by the company WEB3 DIGITAL WALLET, a simplified joint-stock company, SIREN 910 399 435 (RCS Chartres), with its registered office at 112 RUE DES TUILERIES 28260 SAINT-OUEN-MARCHEFROY, France.

Definitions

  • Application: Refers to the mobile application "Talao," published and provided by the Provider. This application grants access to the Service and is available for download by Users on their Apple iOS and Android devices from the Apple "App Store" and Google "Play Store."
  • Credential: Refers to all credentials that can be collected within the Talao application. These credentials enable Users to verify various pieces of information, including but not limited to age, identity, email, phone, and compliance.
  • T&C: Refers to these general terms and conditions of use of the Service.
  • Service: Refers to the various features and services offered by the Application.
  • User: Refers to any natural person with a Wallet on the Application who utilizes the Service.
  • Wallet: Refers to a user account created by the User within the Application, enabling access to the Service.

Purpose

The Talao Wallet is a mobile application developed by Web3 Digital Wallet, available for both iOS and Android devices. You can conveniently download it from Apple's "App Store" and Google's "Play Store."

These General Terms and Conditions serve to establish the contractual relationship between Web3 Digital Wallet and users concerning access to and utilization of decentralized identity (DID) service.

Please note that Web3 Digital Wallet retains the right to make modifications to the service and, consequently, to these General Conditions whenever necessary. Such changes will take effect upon publication or on any specified date. Users will be duly notified of any alterations to the T&Cs. However, it remains the user's responsibility to refer to the most recent version of the T&Cs, which can be accessed at any time on the website: Talao.io.

Presentation of the Service

The Talao Wallet is a non-custodial wallet software meticulously designed for managing Verifiable Credentials. As a non-custodial wallet software, users enjoy complete control and responsibility over their personal data and private keys.

The "Talao" Application provides Users access to a wide range of Services, which include:

1. Collecting Credentials: Users can collect Credentials from various partner third-party issuers, including Web3 Digital Wallet and other third-party companies or organizations. As of November 11, 2022, the list of available Credentials encompasses:

  • Proof of Identity: Web3 Digital Wallet collaborates with the third-party company DOCAPOSTE (https://www.docaposte.com/en/solutions/id360) to authenticate identity documents and perform facial recognition (3D liveliness).
  • Proof of Age: Web3 Digital Wallet verifies users' age using DOCAPOSTE's services. Additionally, Web3 Digital Wallet offers age estimation through Artificial Intelligence, utilizing user photos via the YOTI company (https://yoti.com).
  • Proof of Email: Web3 Digital Wallet validates users' email addresses by sending secret codes via email.
  • Proof of Telephone Number: Web3 Digital Wallet confirms the validity of users' phone numbers by sending secret codes via SMS.
  • Proof of Humanity: Web3 Digital Wallet ensures that users are real human beings, collaborating with DOCAPOSTE.

2. Storing Credentials: Users have the capability to securely store their collected Credentials throughout their validity period.

3. Presenting/Sharing Credentials: Users can share their Credentials with third-party websites or applications that require verification for access to their services.

Other parties (verifiers) can initiate identity requests to you through existing peer-to-peer connections. These requests come pre-filled with identity credentials already stored in the app. You have the option to manually update this information if additional relevant identity attributes are available. Upon your active consent to share this information, the selected identity credentials are transmitted to the requesting party.

The responsibility for storing your data lies with the requesting party, and they are accountable for legally compliant data handling. Web3 Digital Wallet assumes no responsibilities or obligations in this regard. The role of the Talao wallet is limited to facilitating the exchange of information among participants. If the requested identity information is not found within the app, you will receive an appropriate error message. The missing identity information must first be provided to you by another participant before the request can be fulfilled.

In cases where you choose not to respond to an identity request, you have the option to reject it. In such instances, no information will be shared with the requesting party.

Upon successful completion of credential requests, you will receive a confirmation message.

Wallet Creation

To use the Talao Wallet, you must either import an existing wallet or create a new one. When you create a wallet, you'll receive a Recovery Phrase. It's your responsibility to promptly notify us of any unauthorized use of your Recovery Phrase, private keys, or any other security breaches related to your wallet. You acknowledge and agree that you assume all risks associated with using our services and are solely responsible for maintaining the confidentiality and security of your Recovery Phrase and private keys.

When creating a wallet, we strongly recommend taking precautionary measures to prevent any loss of access or control over your wallet. These precautions may include, but are not limited to:

  • Creating a strong and unique PIN Code, distinct from pin code used for other purposes (e.g., different from your phone password or passwords used on websites or online services), and utilizing biometric authentication if available.
  • Avoiding the storage of private keys and the Recovery Phrase in plain text online or in insecure physical locations.
  • Restricting access to your devices and wallet.
  • Taking necessary precautions against malware on your devices and networks.
  • Promptly notifying us if you discover or suspect any security breaches related to your wallet.

However, Web3 Digital Wallet holds no liability for any activities occurring on your wallet, whether authorized by you or not.

Key features and functionalities of the Talao Wallet include

  • Generating a Decentralized Identifier (DID).
  • Collecting Credentials (Verifiable Credentials): This includes Proof of Email, Proof of Phone Number, Verifiable ID Card, Proof of Nationality, Proof of Age, Loyalty Cards, Tickets, and more.
  • Securely Storing Credentials.
  • Transferring Credentials to Third-Party Verifiers.

Talao's service is underpinned by innovative technologies, including Blockchain and Self-Sovereign Identity (SSI). It empowers users to maintain their digital identity on their smartphones, eliminating the need to store their data on identity provider servers.

User data is securely stored, either encrypted within the wallet or optionally encrypted on a server for recovery purposes. Users maintain exclusive access to their data and have the flexibility to transfer it to third parties for accessing services. Additionally, users are the sole entities authorized to collect data from organizations.

How the Service Works to Share Credentials

1°) Connection to a Third-party Site or Application from a Computer:

To accomplish this, follow these steps:

  • Click on the "Talao" button on the third-party site, which will redirect you to the talao.co site, presenting a QR code for scanning.
  • Open the previously downloaded Application in compliance with the T&C.
  • Utilize the QR code scanning feature within the Application.
  • Scan the QR code displayed on the website or application.
  • Review the Credential requested by the third-party site and decide whether to accept or refuse sharing.
  • If accepted, validate the sharing by entering your secret code.
  • Receive a success message upon successful sharing.
  • Encounter an error message if sharing fails, with the option to retry the operation.
  • If you refuse, the Credential cannot be shared with the website or application, preventing transmission to the requesting third-party site, and the operation terminates.
  • Entering an incorrect secret code three (3) times when sharing a Credential will result in your Wallet being blocked. You will be prompted to delete your Wallet and create a new one following the steps described in these T&C.

2°) Connection to a Third-party Site or Application from a Mobile or Tablet:

If you access the Talao.io site from a mobile or tablet, you will encounter an "open the application" or "download the application" button instead of a QR Code.

  • If the Application is already installed on your mobile/tablet, click the "open the application" button. This will open the Application and indicate the required Credential, which can be shared as previously detailed.
  • If the Application is not yet installed on your mobile/tablet, click the "download the application" button. You will be redirected to the Apple "App Store" or Google "Play Store" to download the Application. After downloading the Application and creating your Wallet in accordance with these T&C, you can share the stored Credential as described earlier.

Precision about the Age and Identity Credentials

Users have the option to collect credentials for both age and identity verification from the following Issuers:

  • The La Poste Digital Identity Verification service,
  • The Remote Identity Verification Journey (PVID) by Docaposte.

If you decide to utilize the La Poste Digital Identity Verification service, you must either possess an existing La Poste Digital Identity or create one. Before creating your La Poste Digital Identity, it's imperative that you carefully review and accept the terms and conditions provided by the Issuer. Failure to accept these terms and conditions will impede your ability to create your La Poste Digital Identity, consequently preventing you from collecting Credentials from this Issuer. By proceeding, you acknowledge and agree to these conditions. Once your La Poste Digital Identity is established, you can authenticate with the La Poste Digital Identity service and consent to share both your proof of age and identity. The proof of age is derived from the initial date of birth collected by the La Poste Digital Identity, and only the proof of age is retained by the Application. Your date of birth is neither collected nor stored by the Application.

Alternatively, if you choose to use the Remote Identity Verification Journey (PVID) by Docaposte, you will need to present an eligible identification document and complete a video recording of your face. The Remote Identity Verification Journey (PVID) offers a User authentication process that encompasses the examination of their identification documents through photography and a real-time verification process via a video challenge. This verification ensures that the individual in possession of these documents is indeed their rightful owner. Before initiating the Remote Identity Verification Journey (PVID), it is crucial to meticulously review and accept the terms and conditions provided by the Issuer. Failure to accept these terms and conditions will result in you being unable to utilize the Remote Identity Verification Journey (PVID) and subsequently unable to collect Credentials from this Issuer. By proceeding, you acknowledge and accept these conditions.

Access to the Service and Service Quality

Service Availability:

  • The Service operates 24/7, except in the following cases:
    • Force majeure events as defined by the French Civil Code and French court rulings.
    • Network-related difficulties.
    • Service suspension, as described in these Terms and Conditions.

Accessing the Service: Users can access the Service by downloading the Application from either the Apple "App Store" or Google "Play Store." Acceptance of these Terms and Conditions is required through a checkbox during the Wallet creation process.

Wallet Initialization: Upon downloading the Application, users must follow the Wallet initialization procedures outlined in the "Conditions of Use" section.

Provider's Efforts:

  • The Provider strives to ensure access to and use of the Service due to the intricate nature of the Internet.
  • The Provider is not accountable for malfunctions related to users' computer or mobile devices, internet access, or mobile telephony networks.
  • Users are responsible for the communication costs associated with telecommunications means.

Conditions of Use

Eligibility and Scope of Use:

The Talao wallet services are designed for both personal and enterprise use. This Agreement is legally binding between the user (“User”, “you”, or “your”) and Talao (“Operator”, “we”, “us”, or “our”). If you are entering into this agreement on behalf of a business, organization, or any other legal entity (“Entity”), you represent that you have the authority to bind such Entity and its affiliates to these terms and conditions. In such cases, “User”, “you”, and “your” shall refer collectively to the individual and the Entity. If you do not possess such authority, or if you do not agree with these terms, you must not accept this agreement and may not access or use the Talao wallet services. 

By accessing and utilizing the Talao wallet services, you acknowledge that you have read, comprehended, and agree to adhere to the terms of this Agreement. You recognize that this Agreement, although electronic and not physically signed by you, constitutes a contract between you and Talao and governs your use of the services.  

It is the responsibility of the User, whether an individual or an Entity, to use the Talao wallet services in accordance with all applicable laws, regulations, and policies, and to ensure the confidentiality and security of their account and related information.

Wallet Initialization and Terms:

  • Before utilizing the Service, users must initialize their Wallet by setting a 4-digit secret code and confirming it.
  • Each Wallet is personal and non-transferable.
  • Users agree that their Wallet information must be accurate, devoid of false or misleading data, and not infringing upon the rights of third parties.

Digital Identity and Security:

  • After creating and verifying their identity, users can conveniently access partner sites using the same access method.
  • Users acknowledge and accept that their digital identity may be used by partner sites and commit to keeping their identity attributes accurate and up-to-date.
  • Users are responsible for safeguarding their secret code and promptly reporting any unauthorized use, fraud, or data loss.

Prohibited Actions: Users are prohibited from taking actions that may disrupt the Service or infringe upon the rights and interests of the Provider or other users.

Deletion of Wallet: Users have the option to delete their Wallet at any time via the "Settings" section of the Application, with confirmation required for deletion.

Liability and User Responsibility

Service Guarantee and Responsibility:

  • Web3 Digital Wallet does not guarantee the Service's ability to meet specific user needs or operate without errors.
  • Web3 Digital Wallet disclaims responsibility for user actions and retains the right to suspend a user's service in cases of illegal use.

User Obligations:

  • Users commit to refraining from engaging in illegal or harmful use of the service and promptly reporting errors.
  • Users are also required to select a pin code in line with policy guidelines.
  • Users must securely store their electronic identification means and refrain from sharing them with third parties.

Prohibited actions: 

  • Attempting to disrupt the Service's functionality or security.
  • Engaging in illegal activities while using the Service.
  • Providing false or misleading information during account creation.
  • Sharing secret codes with third parties.
  • Attempting unauthorized access or unauthorized use of the Service.
  • Engaging in any actions that infringe upon the rights and interests of the Provider or other users.

Provider's Rights and Monitoring:

  • Web3 Digital Wallet reserves the right to maintain logs and data as evidence, modify or revoke access for non-compliance with rules, and apply "Termination - Default - Suspension" provisions.
  • Web3 Digital Wallet ensures the monitoring and traceability of service operations.

Force Majeure

Definition and Effects:

  • Web3 Digital Wallet cannot be held responsible for any delays or failures in fulfilling its obligations outlined in these General Conditions of Use when attributable to force majeure.
  • Force majeure or fortuitous events, including those recognized by French courts and tribunals, encompass situations beyond Web3 Digital Wallet's control, such as the blocking of electronic communications.
  • In cases of force majeure affecting the performance of obligations outlined in these Terms and Conditions, the execution of these Terms and Conditions will be suspended from the date of the force majeure occurrence.

Provider's Efforts:

  • Web3 Digital Wallet, despite the force majeure event, will make reasonable efforts to:
    • Inform the user about the existence of the force majeure event.
    • Restore access to the service, even if it is degraded.

Liability Disclaimer: It is explicitly agreed between the Parties that the extraordinary implementation of these interim measures by Web3 Digital Wallet during a force majeure event will not result in any liability or compensation claim against Web3 Digital Wallet.

Security of the Service

The Provider takes security seriously and strives to protect the Service. However, it's essential to remember that the Internet is not entirely secure. Users are responsible for safeguarding their data by taking necessary precautions, including backups.

The Provider is not liable for computer virus infections or related consequences. Users must ensure the security of their data, files, networks, and hardware. If any service issues or malfunctions occur, users should promptly inform the Provider.

In the event of a security breach, the Provider will notify the user promptly and provide guidance on necessary actions.

Security Best Practices

To enhance the security of your Talao Wallet, consider the following best practices:

  • Creating Strong PIN code: When setting up your PIN Code, avoid using easily guessable information such as birthdays. Instead, choose a PIN Code that is unique and not easily associated with you.
  • Two-Factor Authentication (2FA): Enable 2FA to add an extra layer of security to your account. You can use biometrics authentication or other methods supported by the application to ensure that only authorized users can access your account.
  • Phishing Awareness: Be cautious of unsolicited emails, messages, or links that request your secret codes or PIN Code information. Ensure you are on the official Talao website or app when providing your credentials. Talao will never ask you for your PIN Code or secret codes information via email or messages. If you receive suspicious requests, do not respond and report them to our customer support.

Personal Data

The Provider complies with the European General Data Protection Regulation (GDPR) and prioritizes the security and confidentiality of user data.

Personal data of users undergo processing by the Provider to deliver the Service, as outlined in the "Object of the Service" section. Processing is based on user consent.

The Provider retains personal data and documents for the duration of Service usage, allowing users to delete them at any time. Personal data related to a user's Wallet and technical data are deleted when the user deletes their Wallet.

The Provider does not sell personal data for commercial or marketing purposes to partners without the user's express consent.

In accordance with the GDPR and the Data Protection Act, users have the right to access, correct, complete, update, or delete their personal data. To exercise these rights, users can contact us via email at [email protected].

If users encounter difficulties regarding their personal data, they may file a complaint with the CNIL or the relevant supervisory authority.

Data Processing Conditions: The conditions governing the processing of personal data are detailed in Talao's privacy and data protection policy, which can be accessed here: Privacy and Data Protection Policy.

Intellectual Property

Using the Service doesn't transfer any intellectual property rights from the Provider to the user. The Provider owns exclusive rights to elements such as trademarks, designs, images, and more, protected by copyright, trademark, patent, and other applicable intellectual property laws.

Reproducing or representing any of these elements without the Provider's explicit permission is prohibited and may result in legal consequences. Users must refrain from actions that could infringe on the Provider's intellectual property rights.

Users have the right to use the Service on a non-exclusive, revocable, non-transferable, and non-assignable basis solely for Service use, with no other purposes allowed.

Users retain full ownership of any intellectual property rights related to the content they store on Talao Wallet.

Subcontracting

Subcontracting Rights: Web3 Digital Wallet reserves the right to delegate some or all of the services outlined in these conditions to another subcontracting company of its choice. In such cases, Web3 Digital Wallet remains solely responsible to the user, with the condition that it may take action against its subcontractors if necessary.

Complaints

Complaint Procedure: All complaints should be directed to our customer service. The processing of complaints follows the terms and conditions outlined in the Terms and Conditions agreement.

Customer Service can be reached here : [email protected]

Governing Law, Jurisdiction, and Dispute Resolution

Applicable Law: The terms and conditions governing the use of the Service are subject to French law, regardless of the user's location.

Dispute Resolution: In case of any dispute arising from the interpretation or execution of these Terms, the parties commit to seeking an amicable resolution.

Disputes Involving Client Services: For disputes related to services subscribed to by the client of the supplier, users are encouraged to directly contact the client's complaint service.

Exclusive Jurisdiction for Professional Users: In the absence of an amicable solution, disputes involving professional users will fall under the exclusive jurisdiction of the Tribunals of Créteil. This applies even in cases involving multiple defendants, warranty claims, emergency procedures, or conservatory procedures in summary or by application.

Jurisdiction for Consumer Users: For consumer users and in the absence of an amicable solution, any dispute arising from the interpretation or execution of these Terms shall be submitted to a jurisdiction as prescribed by the Code of Civil Procedure or to the jurisdiction of the user's residence at the time of accepting the Terms and Conditions or when the harmful act occurred.

Additional Note for USA and Canada Residents: If you reside in the USA or Canada, any dispute or claim related to these terms and conditions or your use of Web3 Digital Wallet will be resolved through binding arbitration, except for claims that qualify for small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, and any dispute resolution will be conducted individually, not as part of a class or consolidated action. You may also bring suit in a California state or federal court to enjoin intellectual property rights misuse. Yoti (USA) Inc and Yoti Limited are beneficiaries of this arbitration clause when you use the age estimation service.

Scope of Application of the T&C

Acceptance of Terms and Conditions: The creation of a Wallet, connection, and use of the Service by the User are contingent upon their express and unconditional acceptance and compliance with these Terms and Conditions.

Acceptance Confirmation: Acceptance of these Terms and Conditions is indicated by a checkbox duly checked by the User, confirming that they have read and agreed to these Terms and Conditions.

Amendment and Violation of Terms:

  • Any modification to these Terms and Conditions necessitates new acceptance from Users.
  • Violation of these Terms and Conditions empowers the Provider to block or limit the Service usage by the User responsible for such violations, without prejudice to any damages the Provider may claim.

Modification of the Terms of Use

The Provider has the right to modify these Terms of Use at any time without prior notice to accommodate changes in the Service or its operation.

In such a situation, users must agree to the updated Terms of Use by checking a box under the same conditions outlined in the "Scope of the Terms of Use" section. If a user doesn't agree to the new Terms of Use, they won't be able to continue using the Service.

Users will receive notifications within the Talao application regarding any changes or updates to the Terms of Use. It is essential to regularly check for notifications within the app to stay informed about any modifications to the Terms of Use.

Evidence Convention

As per Article 1366 of the Civil Code, communications between the User and the Provider can be conducted through various electronic means. Therefore, the Provider may send information to the User using electronic and digital methods.

The User acknowledges that records and backups created on the platform will serve as valid evidence between both parties. In the event of a dispute, electronic documents will be legally binding for both parties.

Entirety of the Terms and Conditions

Comprehensive Agreement: These terms and conditions, along with the associated documents they reference, constitute the entire agreement between the User and the Supplier concerning the Service. They supersede all prior or contemporaneous discussions, written or oral commitments, and correspondence. Users are strongly encouraged to either print or save a copy of these terms and conditions for their personal records.

Language of the Terms and Conditions

Preference for English Version: In the event that these terms and conditions are translated into one or more languages, the English version shall take precedence in cases of any discrepancy or inconsistency between the translated version(s) and the English version.