This document was updated on Thursday, 05.10.2023.
Purpose
Empeiria LTD presents Empeiria Wallet, a mobile application for IOS and Android devices. Empeiria Wallet is developed by Empeiria LTD and is available on Apple and Google stores.
Empeiria’s service is built on the basis of innovative technologies (Blockchain and Self-Sovereign Identity).
The purpose of these General Terms and Conditions is to define the contractual relationship between Empeiria LTD and the user concerning access to and use of a service and a decentralized identity service.
At any time, Empeiria LTD reserves the right to make changes to the service and therefore to these General Conditions.
Any changes will become effective upon their publication or, where applicable, on any other date indicated. Empeiria LTD will ensure that users are aware of any changes to the T&Cs, however, it is up to the user before using the service to refer to the latest version of the T&Cs accessible at any time on the https site: empe.io
Presentation of the service
Empeiria Wallet is a non-custodial wallet software, for verifiable credentials, work certificates, and other digital assets (Digital Assets). The user is solely in control of and responsible for user’s personal data and digital assets. The user expressly acknowledges and agrees that as Empeiria Wallet is a non-custodial wallet software, the user is solely responsible for the user’s activity and any risk of loss at all times.
Empeiria Wallet allows the user to:
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generate the user’s Decentralized Identifier (DID);
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collect certificates (Verifiable Credentials) from Empeiria and third parties (issuers). Examples of certificates are Proof of Wallet, Proof of Attendance, Over 18 proof, etc;
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presents certificates to other third parties (verifiers);
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browse and access Empeiria and third party decentralized application(s) (“DApp(s)”).
Empeiria Wallet allows a user to have their digital identity on their smartphone without having to register their data on the servers of an identity provider. The data is stored encrypted in the wallet or possibly encrypted on a server for recovery purposes.
The user maintains exclusive access to their data and has the option to share it with Empeiria and third parties for accessing services. The user is also the only entity authorized to retrieve data from an organization. No data sharing or other activities occur without the user’s permission.
Wallet Creation
The user must either import or create a wallet in order to use Empeiria Wallet. When the user creates a wallet, they will be assigned a Recovery Phrase. The user agrees to immediately notify us of any unauthorized use of their Recovery Phrase or private keys or any other breach of security of their wallet. Notwithstanding the foregoing, the user acknowledges and agrees that they shall assume all risks related to the use of the services and they shall be solely responsible for maintaining the confidentiality and security of their Recovery Phrase and private keys. When they create a wallet, they are strongly advised to take precautions to avoid the loss of access to and/or control over their wallet. Suggested measures include, but are not limited to, the following:
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use biometric authentication if available;
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not storing the private key and Recovery Phrase in plain text online or in an unsecured physical location;
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limiting access to the user’s devices and wallet;
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taking all necessary precautions against malware on the user’s devices and networks;
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promptly notifying us if they discover or otherwise suspect any security breaches related to their wallet.
Notwithstanding anything to the contrary herein, Empeiria LTD shall have no liability whatsoever in connection with activities that occur on the user’s wallet with or without the user’s authorization.
Collect Credentials
The user accesses the services of an issuer, which may be the company Empeiria LTD or a third-party company or organizations that may be unknown to Empeiria LTD.
Empeiria Wallet is a dedicated service for Empeiria LTD Credentials, such as Account Creation, Skill or Work Credentials, POAP, and KYC. Moreover, the user can collect any credentials that are compatible with Polygon ID Credentials.
Present Credentials
Verifiers can send identity requests to users who have accepted the request and granted permission to share their data with the verifiers.
The Empeiria Wallet is only responsible for the exchange of information between participants. If the requested identity information is not stored in the app, the user will receive a corresponding error message. The missing identity information must first be provided to the user by another participant before the request can be answered. If the user does not want to answer the identity request, they can reject it. In this case, no information will be sent to the requesting party.
Use of the Service
The user recognizes that Empeiria Wallet services are intended solely for personal use, and any use of the service is the user’s sole responsibility.
Price
The identification service is offered to the user at no cost.
Service Functionality
Once the user has created and verified their data, they can conveniently access partner websites using the same login method.
User Acknowledgment and Consent
The user acknowledges and consents to the use of their digital identity by websites and partner sites. In doing so, they commit to maintaining the accuracy and currency of their identity attributes.
Intellectual Property Rights
The services are protected by intellectual property rights and/or other rights that Empeiria LTD owns or of which it is authorized to use.
Empeiria LTD is and will remain the owner of its distinctive signs, namely brands, corporate and other names, trade names, brands, and domain names. The reproduction, imitation, or affixing, in whole or in part, of the trademarks and designs belonging to Empeiria LTD is strictly prohibited without its prior written consent.
Except in cases of force majeure referred to herein, Empeiria LTD undertakes, within the framework of an obligation of means, to ensure the availability and accessibility of the services, 24/24 hours and 7/7 days. Nevertheless, the operations of tests, control, and/or maintenance, as well as the interventions necessary in the event of a breakdown, can be carried out by Empeiria LTD at any time. Empeiria LTD strives to prevent, as far as possible, the occurrence of such an operation. Empeiria LTD cannot be held responsible for any resulting consequences for any user.
The user acknowledges that Empeiria LTD can in no way be held responsible for the functional characteristics and technical performance of the Internet. Likewise, all users remain responsible for their actions on the internet regarding the use of their data on open networks.
The user undertakes not to hinder the proper functioning of the application, in particular by transmitting any element likely to contain a virus or likely to otherwise damage or affect the service and, more broadly, the information system of Empeiria LTD and/or its co-contractors.
In the case of the use of the application through smartphones or tablets, the user undertakes not to modify the operating system of the terminal in a way that could affect its security.
The costs and expenses of equipment necessary for the use of the service are and remain the responsibility of the user.
License to Credential Content & Data
The user may be able to share Credentials using Empeiria Wallet. The user hereby represents and warrants that they own all legal rights, title in, and interest to, including all intellectual property rights to the content associated with the Credentials, especially POAP Credentials.
The user retains all rights to the POAP Credentials stored except for rights expressly granted herein. By using Empeiria Wallet, the user grants Empeiria LTD a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) the POAP Credential in any and all media or distribution methods (now known or later developed) solely as required to be able to operate and provide services of Empeiria Wallet. Empeiria LTD does not monitor the Credentials stored on Empeiria Wallet for any infringement of a third party’s intellectual property rights.
Accordingly, Empeiria LTD assumes no liability for any action regarding any content provided by the user. The user further acknowledges and agrees it is the user’s sole responsibility to carry out all necessary due diligence for all user’s activities relating to POAPs, and the user represents and warrants that they have not and are not relying on, and shall have no remedies, in respect of any statement or representation made by Empeiria LTD in relation to any transfer or interaction otherwise with any POAPs.
The user acknowledges that the data and information associated with POAPs may encompass sensitive or private data. The user voluntarily assumes full responsibility for sharing such data.
Liability
Empeiria LTD does not provide any warranty regarding the service’s ability to fulfill specific user needs or expectations. Additionally, Empeiria LTD cannot guarantee the absence of errors or other operational or user-related issues while using the service.
Empeiria LTD disclaims all responsibility for the user’s utilization of the service. In this context, Empeiria LTD retains the right to suspend a user’s service access upon receiving a notification or becoming aware of the clearly illegal nature of the service’s use. Under no circumstances can Empeiria LTD be held liable for such suspension.
User Responsibility
The user undertakes to:
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not make illegal or illicit use of the service;
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inform Empeiria LTD without delay, by any means, of any error, fault, or irregularity that it notices in the use of the service, as soon as it becomes aware of it;
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in general, not to use the service that could cause harm to Empeiria Wallet;
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choose a password in accordance with the communicated policy;
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securely store possession-based electronic identification means;
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not to communicate its electronic identification means to a third party.
As such, Empeiria LTD reserves the right:
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to keep, for the purposes of proof, all logs, connection traces or data of a personal or non-personal nature proving the accountability to the user of the behaviors or actions in question, in accordance with the CGU;
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modify, reject and / or remove access to the Service in the event of non-compliance with the rules set out in these Terms and Conditions;
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to apply the stipulations of the article “Termination – Default – Suspension”.
In addition, Empeiria LTD ensures the monitoring and traceability of the functioning of the service.
Force majeure
Empeiria LTD cannot be held liable for any delays or failures in fulfilling its obligations as stipulated in these Terms and Conditions when such circumstances are attributed to force majeure.
Force majeure or fortuitous events include, in addition to those typically recognized by United Arab Emirates courts and tribunals, the following situations: electronic communication blockages beyond Empeiria LTD control and any other circumstances beyond Empeiria LTD control that impede the normal execution of contractual obligations.
In cases of force majeure affecting the performance of obligations outlined in these Terms and Conditions, particularly regarding user access or usage of the Empeiria Wallet, execution of these Terms and Conditions will be temporarily suspended from the date of occurrence. From that point onward, even in cases of force majeure, Empeiria LTD will make reasonable efforts to: inform the user of the force majeure occurrence and restore, to the best extent possible, access to the service, even if it is in a degraded state.
It is explicitly agreed between the Parties that Empeiria LTD’s extraordinary efforts during the occurrence of a force majeure event shall not give rise to any liability or compensation claims against Empeiria LTD.
Personal data protection
The conditions for processing personal data are set out in Empeiria LTD privacy and data protection policy, accessible here
Customer
Customer Service contact details are available on the Empeiria LTD Website, www.empe.io
Subcontracting
Empeiria LTD reserves the right to have all or part of the services covered by these conditions performed by any other subcontracting company of its choice, Empeiria LTD remaining solely responsible towards the user, on condition for it to take action against its subcontractors.
Settlement of disputes – Competent court and applicable law
In cases where an amicable resolution is not achieved, and a dispute arises concerning the interpretation, formation, or execution of the Terms and Conditions of Use, and no amicable agreement or settlement is reached, both Empeiria LTD and the users explicitly grant exclusive jurisdiction to the competent courts located within the jurisdiction of the United Arab Emirates. This is applicable regardless of the presence of multiple defendants or actions, whether in summary or on appeal, to safeguard rights or protective measures.
If the user fails to adhere to this procedure, which remains the sole responsibility of the user, and if Content is lost following termination by the user, Empeiria LTD cannot be held liable in this regard.
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