Version 1.01, 12th May 2020<\/strong><\/p>\n Welcome to the Terms and Conditions for End Users on the helix id.\u00a0<\/p>\n Blockchain HELIX AG, M\u00fcnchener Stra\u00dfe 45, 60329 Frankfurt am Main, +49-69-7158994-0 (\u201cBlockchain HELIX\u201d or “We”) operates a digital platform for the online administration of personal User Data on the mobile application helix id (\u201chelix id\u201d or the “Platform<\/b>“), including the Marketplace, the Vault and the Wallet (together the “Services<\/b>“). helix id enables our Users (\u201cUser\u201d, “You” or \u201cAccount Holder\u201d) to store and manage User Data and documents (the “Data<\/b>“) in connection with the services and goods (\u201cFunctionalities<\/b>\u201d) of helix id Trusted Partners (\u201cMerchants<\/b>\u201d).<\/p>\n helix id was developed with the goal to empower Users regarding their personal User Data<\/b> — to show how its used (\u201cwho, when and why\u201d) in a transparent manner. We do this by changing the way data transactions happen online — you choose the User Data<\/b> to share, when to share it and with whom to share it with. This allows the User to truly have the power of consent by ensuring that any User Data<\/b> sharing is transparent. Furthermore, helix id enables our Users to manage consents for Merchants and authorities as well as our Service Providers (\u201cThird Party<\/b>\u201d, \u201cThird Parties<\/b>\u201d) to access and transfer your Data.<\/p>\n “User Data<\/b>” includes personal information that identifies you and is stored in your helix id account, in particular your last name, first name, pseudonyms provided by you, your email address, telephone and mobile phone numbers, your residential address, identity card and passport data, driving licence data, bank accounts, other payment data and other personal data. User Data<\/b> is only collected, processed and exchanged between the Platform<\/b> and the Third Parties<\/b> in accordance with the applicable data protection laws. You will find more detailed information on the processing of your User Data<\/b> in our “helix id Privacy Policy”.<\/p>\n The Terms and Conditions only govern the relationship between you and Blockchain HELIX with respect to the use of the Platform<\/b>, Services<\/b> and Functionalities<\/b>. Any business transacted between you and Third Parties<\/b> is subject exclusively to the provisions agreed between you and the specific Third Parties<\/b>.\u00a0<\/p>\n The Terms and Conditions are created with the intention of ensuring that you understand how to enjoy the benefits of helix id and the rights that are owed to you, whilst also understanding your responsibilities too. It is important that you carefully read through the Terms and Conditions, the helix id Privacy Policy and Third Party Sharing Policy to understand how we expect our Users to interact with helix id and what our Users can expect from us.\u00a0<\/p>\n The use of the Platform<\/b>, Services<\/b> and Functionalities<\/b> are available only to natural persons and are free of charge. You will have to bear any connection or transmission fees incurred with its use.<\/p>\n Once you have downloaded the App, you must complete the two-step registration process to access the Platform<\/b> or Functionalities<\/b> by selecting an individual User name and personal access password (collectively “Access Information”) and confirming your email address. helix id may provide you with additional personalized features (“Personalized Security Features”) for certain features and Services. No person other than the account holder must have the Access Information or Personalized Security Features. The Access Information and Personalised Security Features are to be stored securely, protected from access by third parties and not passed on to third parties. If there is a suspicion of unauthorised use of the Access Information and\/or Personalised Security Features or of disclosure to third parties, we must be informed immediately.<\/p>\n It may be necessary to provide User Data<\/b> in order to further access the Platform<\/b> and\/or Functionalities<\/b>. For certain Functionalities it may also be necessary to verify your identity in advance. The User Data<\/b> that you store in your helix id account during registration or at a later time, must be correct and up-to-date. You are responsible for entering the correct information for your account. Furthermore, if you are under 18 years of age, you are a minor and therefore need the consent of your parents before you can use the Platform<\/b>.<\/p>\n You may use a pseudonym for an unverified identity. However, in order to be able to use the advantages of helix id to the full extent, we recommend that you regularly update your User Data<\/b> with helix id.<\/p>\n You can link your access to the Platform<\/b> with the Functionalities<\/b> of our selected Merchants<\/b> and thus simplify future login processes with the Merchants<\/b>.<\/p>\n Upon confirmation of your registration by helix id, a contract of use between you and Blockchain HELIX according to these general terms of use comes into effect. Blockchain HELIX reserves the right to refuse to conclude a contract of use without stating its reasons.<\/p>\n Once you are a registered and verified User, you can access the Functionalities. The Marketplace offers a variety of different industries to choose from. You may also be referred by Third Parties<\/b> to use the Functionalities. In any case, Third Parties<\/b> will request specific User Data<\/b> to access the Functionalities. For example, a pop-up window may appear, listing in detail the User Data<\/b> that a Merchant<\/b> wishes to access, with additional information on why and for how long he would use this User Data<\/b>.<\/p>\n As the User, you have the control to allow any Third Party <\/b>to access your Data. The pop-up must be read carefully in order to ensure that you are sharing the User Data<\/b> with someone who you trust. It places you at the centre of consent whilst adding a responsibility on your shoulders. This is why helix id secures such a high level of privacy for the User as there is complete transparency on how your User Data<\/b> is processed by a Merchant<\/b>. Therefore, helix id will not be liable for Users who accidentally share User Data<\/b> with Merchants<\/b>.<\/p>\n The Merchants<\/b> themselves decide which functions they want to integrate into their Functionalities<\/b>. It is therefore possible that not all Functionalities<\/b> are available from a Merchant<\/b>. Currently, helix id offers the following functionalities:<\/p>\n As a User, you are responsible for your actions on our Platform<\/b> and for passing on information to any third party. Since helix id has no control over the actions, content and performance of Third Parties<\/b>, please make sure that you are aware of their legal documents.<\/p>\n Any information you receive through the Platform<\/b>, Services<\/b> or the Functionalities<\/b> is intended for you and not for third parties. It should remain private unless law enforcement authorities require access to this information.<\/p>\n 5. Grant and Scope of License<\/strong><\/p>\n We hereby grant you a non-exclusive, non-transferable right to use the Platform<\/b> within the [European Union] during the term of this agreement and solely for the purposes of this agreement.\u00a0<\/p>\n The right to copy the Platform<\/b> granted to you herein is limited to the installation of the app on your device which is your immediate possession and to fulfill the purposes of this agreement. Further rights to use and exploit the Platform<\/b> are not granted to you. Rights to revise or to decompile the Platform<\/b> are not granted to you, unless such rights must be granted in accordance with mandatory legal requirements.\u00a0<\/p>\n We shall be fully liable to you for intent and gross negligence. For other ordinary negligent actions, helix id shall be liable only for\u00a0<\/p>\n In case of violation of cardinal duties, liability for simple negligence on the part of helix id shall be limited to damages that are typical for the contract and foreseeable at the time of contract conclusion.<\/p>\n We shall endeavour to keep the Platform<\/b>, Services<\/b> and Functionalities<\/b> available at all times. Blockchain HELIX warrants that it will make the Platform<\/b> available 95% of the time at an annual average. Necessary maintenance work will be carried out as far as possible during night hours. Necessary maintenance work is not taken into account when calculating the annual average. If the Platform<\/b>, Services<\/b> or Functionalities<\/b> are unavailable due to Internet or network failures and in particular due to technical or other problems beyond our control, we shall not be liable for such downtime.<\/p>\n In case of abusive or illegal use of the Services<\/b> or the Platform<\/b>, we are entitled to block your Account and restrict the use of the Services<\/b> and\/or Functionalities<\/b>.\u00a0 Furthermore, we may block your Account or temporarily stop or restrict your use of the Services<\/b> or the Platform<\/b> at any time, if and due to the extent that this is necessary for the security of the Platform<\/b> and\/or the systems used for its operation or the User Data<\/b> stored on the Platform<\/b>.<\/p>\n 8. Privacy Policy<\/strong><\/p>\n As we are a company that takes care of your User Data<\/b>, we have strict rules on how we manage your User Data <\/b>and strict rules on the selection of Merchants<\/b>.<\/p>\n Our technology enables you to have full transparency and control over who has access to your User Data<\/b>, with the ability to view a record of any User Data<\/b> sharing that has taken place. While a Merchant<\/b> typically needs to access an entire personal document to complete a transaction, our unique User Data sharing process allows Merchants<\/b> to see if a User has a specific document or User Data<\/b> without disclosing the entire personal document. For compliance and auditing purposes, Blockchain HELIX and the Merchants<\/b> store certain information, including a pseudonymous hash, time and date of processing.<\/p>\n We work with trustworthy companies, but are not responsible for the actions of Third Parties. Please read the “Privacy Policy of helix id” for more information about what information we collect, store and how long we keep it.<\/p>\n 9. Termination<\/strong><\/p>\n You are free to terminate the User contract at any time without observing a period of notice and without giving reasons by notifying us in text form.<\/p>\n We are entitled to terminate the User contract with you at any time with a period of notice of 2 weeks. In case of a cancellation we will block your Account at the time the cancellation takes effect. We reserve the right, in severe cases, to terminate the User contract instantly. After that date it will no longer be possible to use the Platform<\/b>, Services<\/b> and Functionalities<\/b>.\u00a0<\/p>\n Subject to any legal storage or retention periods, your User Data<\/b> will be permanently deleted. If your User Data<\/b> is still required to process outstanding transactions (e.g. conclusion of transactions and payments with Third Parties<\/b>), they will be deleted at the earliest after the transactions have been processed.<\/p>\n 10. Closing Provisions<\/strong><\/p>\n German law shall apply, excluding conflict of laws provisions. German jurisdiction (preferably the courts in Frankfurt am Main) shall have local and substantive jurisdiction. The applicability of mandatory consumer protection regulations remains unaffected.<\/p>\n Should a provision of these Terms and Conditions prove to be invalid, unlawful or unenforceable, this shall not affect the validity, legality and enforceability of the other provisions of these Terms and Conditions. The parties undertake instead to replace the invalid stipulation with a valid regulation which comes as close as possible to the purpose originally intended.<\/p>\n1. Welcome<\/strong><\/h4>\n
2. Onboarding Process<\/strong><\/h4>\n
3. Accessing Services<\/strong><\/h4>\n
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4. Sharing Data with Third Parties<\/strong><\/h4>\n
6. Liability<\/strong><\/h4>\n
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7. Availability and Suspension<\/strong><\/h4>\n