terms of services
1. Scope of Application, Changes
These Terms of Service (ToS) of Smart-Stamp AG, Rothausstrasse 1, 8280 Kreuzlingen, Switzerland (hereinafter referred to as “Smart-Stamp”) apply to the use of the Smart-Stamp app (the “App”) provided to you (“User”) by SmartStamp. The use of the App provided by SmartStamp is permitted exclusively on the basis of the following ToS. When you create an account, you must select the checkbox by which you confirm that you accept the following ToS. By clicking the “Sign Up” button, you agree to these ToS in full. The ToS can be viewed and downloaded at any time on the website www.smart-stamp.com. These ToS refer exclusively to your use of the app. Additional services are not owed on the basis of these terms of service.
2. License Agreement (EULA)
SmartStamp grants you a non-exclusive, revocable and non-trans-ferable right to use the App, subject to your compliance with all applicable laws, these License Terms and all applicable terms and conditions available on the applicable App Store / Play Store. No other rights are granted to you. Any form of sub-licensing, renting and/or distribution of the App or rights to use the App are prohibited.
3. Updates
The App is provided as a dynamic and evolving product. Smart-Stamp reserves the right to extend, update or modify the App at any time at its sole discretion, in particular to add, modify or remove in-individual functions. These license terms also apply to updates or re-visions to this App. To ensure correct and stable functionality of the App, you must install the latest version/update of the App. Smart-Stamp is not obligated to maintain support for older versions/up-dates and does not guarantee the compatibility of older versions/up-dates with newer hardware operating systems. You are not entitled to receive updates to the App to enhance the functionality of the App.
4. Limitations
You accept the following restrictions: You may not use the App for any illegal activity or purpose. Further, you may not use the App in any way that violates these License Terms or any applicable law, including, without limitation, applicable copyright law, privacy law, or any other rights of any third party; in particular, you may not use the App for pornography, child pornog-raphy, cyber bullying, fraud, theft, terrorism, etc. You may only share or transfer items to other users if you know that the other user is willing to receive the item. You are not allowed to create multiple accounts. You may not use the App to gain unauthorized access to Smart-Stamp's products or services or otherwise compromise its systems and infrastructure; You may not distribute, sell, rent, license, sublicense or otherwise make the App available to third parties without the prior consent; You may not transmit any viruses or malware or cause any other activity that compromises the App or SmartStamp's services or pro-ducts or SmartStamp's systems and infrastructures; You may not translate, decompile, reverse engineer or create derivative works of the App, except as expressly permitted by mandatory law. The foregoing restrictions do not apply to individual components used in the App that are subject to open source license terms. For these components, the relevant open source license terms apply. If you do not comply with these restrictions, SmartStamp may de-lete your items, even if you have paid for them, and close your ac-count. If third parties make claims that these restrictions may have been violated, we reserve the right to block content and objects until final legal clarification.
5. Services of SmartStamp
The scope of services of the individual services results from the current description of the respective services at the time of use. With the app, characteristics of the photographed objects (“finger-prints”) can be found and stored from suitable digital photographs of objects (“initial registration”). The photograph together with the fin-gerprints is defined as an “Object”. When a new photograph of an object is taken for verification (“verifi-cation”), the app can check whether these fingerprints can also be found there, which indicates with a certain probability that it is the same object. The app logs relevant data in a logbook secured with blockchain technology.
PREREQUISITES:
- Supported cell phone with macro lens;
- The object to be photographed is flat, inanimate, solid, non-reflective, non-transparent, and has a surface area of at least 2 x 2 cm;
- Photographs must be taken 2 cm above the surface;
- The area of the surface of the object from which the photographs were taken is not damaged;
- The underlying surface contains sufficient information;
- The same cell phone is used for verification that was used for the initial capture.
During verification, the app gives a strong indication of whether an item is the same item that was first registered. No other statements are associated with it. SmartStamp does not guarantee any usability for a specific purpose, especially not the suitability of fingerprints for legal purposes such as evidence before authorities or courts. SmartStamp points out to the customer that it is not a back-up service. The customer is responsible for the storage of images.
STORAGE PERIOD
Objects that have not been paid for can be removed or deleted by SmartStamp at any time. However, the customer can upgrade individual objects against payment, which guarantees him the specified storage period, subject to compliance with these terms and conditions.
LICENSE
When you upload photos, you grant SmartStamp a simple, non-exclusive, revocable, transferable right to store and use the photos in the App. If you transfer the item to another user, you also grant the other user a corresponding license. If you upload photos of copyrighted works, you affirm that you are entitled to do so and also grant a simple, non-exclusive, revocable, transferable right to store and use the copyrighted work in the app. This applies accordingly if you transfer the Object to another user.
6. Liability
THE APP IS PROVIDED TO YOU ON AN “AS IS” BASIS. SMART-STAMP MAKES NO REPRESENTATIONS, WARRANTIES OR EN-DORSEMENTS OF ANY CHILD WITH RESPECT TO THE APP OR THE SUITABILITY OF THE APP, UNLESS OTHERWISE EX-PRESSLY STATED. IN ANY EVENT, SMARTSTAMP CANNOT GUARANTEE THAT THE APP WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR TEMPORARY IMPAIRMENT OF ITS FUNCTIONALITY AS AN APP. SMARTSTAMP CANNOT GUARANTEE THAT THE APP WILL CONTINUE TO BE PUBLISHED IN THE PLAY STORE OR APP STORE OR THAT FUTURE ANDROID OR IOS VERSIONS WILL BE SUPPORTED. LIABILITY AND WARRANTY IS EXPRESSLY DISCLAIMED FOR THOSE VERSIONS OF THE APP THAT ARE NOT INTENDED FOR END USERS (TEST, PILOT, ALPHA, BETA OR SIMILAR VERSIONS). YOU AGREE THAT YOU UNDERSTAND AND ACCEPT THE RISKS ASSOCIATED WITH THE USE OF SUCH PRO-GRAMS; IN PARTICULAR, THAT MALFUNCTIONS OR DATA LOSS MAY OCCUR. THE USE OF SUCH PROGRAMS IS AT YOUR OWN RISK AND WILL RESULT IN A COMPLETE DISCLAIMER OF WARRANTY AND LIABILITY. SMARTSTAMP SHALL BE LIABLE WITHOUT LIMITATION FOR DAMAGES CAUSED BY WILLFUL MISCONDUCT, GROSS NEG-LIGENCE OR INTENTIONAL MISCONDUCT AND IN ACCORD-ANCE WITH THE PRODUCT LIABILITY LAW. IN CASES OF SIM-PLE NEGLIGENCE, SMARTSTAMP SHALL ONLY BE LIABLE WITHOUT LIMITATION FOR DAMAGES RESULTING FROM IN-JURY TO LIFE, BODY OR HEALTH OF PERSONS. IN ALL OTHER CASES OF ORDINARY NEGLIGENCE, SMARTSTAMP SHALL ONLY BE LIABLE TO THE EXTENT THAT SMARTSTAMP BREACHES A MATERIAL CONTRACTUAL OBLIGATION, IE AN OBLIGATION THAT IS ESSENTIAL FOR THE PROPER PERFORMANCE OF THESE LICENSE TERMS AND ON WHICH YOU RELY OR MAY RELY ON A REGULAR BASIS — IN THIS CASE, SMARTSTAMP'S LIABILITY TO YOU SHALL BE LIMITED TO THE TYPICAL FORESEEABLE DAMAGE. IF YOU ARE AN ENTRE-PRENEUR, THE LIABILITY FOR SIMPLE NEGLIGENCE IS ALSO LIMITED TO THE AMOUNT OF THE CONTRACTUAL FEES THAT YOU HAVE PAID TO SMARTSTAMP FOR THE PERIOD OF TWO YEARS PRIOR TO THE OCCURRENCE OF THE DAMAGING EVENT WITHIN THE FRAMEWORK OF THE SPECIFIC CON-TRACTUAL RELATIONSHIP. FURTHER CLAIMS FOR DAMAGES DUE TO SIMPLE NEGLIGENCE ARE EXCLUDED. THE INVOCATION ON SOFTWARE DEFECTS IS EXCLUDED IN-SOFAR AS YOU DO NOT CARRY OUT THE SOFTWARE UP-DATES OFFERED BY SMARTSTAMP AND MADE AVAILABLE ONLINE AND THE DEFECT COULD HAVE BEEN AVOIDED BY THE SOFTWARE UPDATES MADE AVAILABLE. THIS ALSO AP-PLIES TO SECURITY GAPS THAT OCCUR DUE TO THE FACT THAT THE SOFTWARE UPDATE PROVIDED WAS NOT IN-STALLED BY THE USER OR WAS CANCELLED DURING IN-STALLATION. YOU ARE AWARE THAT NO CLAIMS FOR DAMAGES CAN BE ASSERTED AGAINST SMARTSTAMP ARISING FROM YOUR NEGLIGENT, UNAUTHORIZED OR ILLEGAL SECURITY MECHA-NISMS, IN PARTICULAR WITHIN YOUR OWN LAN OR MOBILE DEVICE, OR FROM THE USE OF THE APP CONTRARY TO THE LICENSE TERMS. YOU MUST ENSURE THAT THE APP IS NOT MISUSED BY THIRD PARTIES AND MUST SECURE ACCESS TO THE APP. IF THE DEVICE ON WHICH THE APP IS ACCESSIBLE IS LOST (EG, DUE TO LOSS, THEFT, ETC.),YOU ARE RESPONSIBLE FOR IMMEDIATELY REVOKING ALL ACCESS PRIVILEGES WITH APPROPRIATE MECHANISMS TO PREVENT UNAUTHOR-IZED ACCESS TO THE APP.
7. Termination of the contractual relationship
Both SmartStamp and you may terminate this contractual relationship-ship at any time. Notwithstanding the foregoing, SmartStamp may terminate this contractual relationship only with two weeks' notice. The legal right of the parties to terminate this contractual relationship-ship without notice for good cause remains unaffected. In particular, SmartStamp is entitled to terminate this contractual relationship immediately without notice in the event of a material breach by you of the terms and conditions set forth in the ToS. The termination of the contractual relationship will result in the with-drawal of your right to use the App; the use of the App must be discontinued immediately.
8. Changes to the ToS
SmartStamp may amend these ToS with a reasonable period of no-time. If you do not object to the amendment within a reasonable period set by SmartStamp, the amendment shall be deemed ap-proved. SmartStamp will inform you in the amendment notice that the amendment will become effective if you do not object within the set period. In the event of an objection, SmartStamp may terminate the contractual relationship with a notice period of two (2) weeks. SmartStamp may send information and statements concerning the contractual relationship to the customer's e‑mail address.
9. Applicable law and place of jurisdiction
For disputes arising from this contract, including its existence, the registered office of SmartStamp is the exclusive place of jurisdic-tion. Swiss law is agreed upon.
10. Language Versions
In the event that different interpretations are possible between the German and English versions of these ToS, the German version shall prevail.
1. Scope, Amendments
These General Terms and Conditions (GTC) of SmartStamp AG, Rothausstrasse 1, 8280 Kreuzlingen, Switzerland (hereinafter "SmartStamp") apply to the use of the SmartStamp App (the "App"), which is provided to you ("User") by SmartStamp. Use of the App offered by SmartStamp is permitted exclusively on the basis of the following GTC. When you create an account, you must select the checkbox confirming your acceptance of the following GTC. By clicking the "Sign Up" button, you fully agree to these GTC. The GTC can be viewed and downloaded at any time from the website www.smartstamp.com. These GTC relate exclusively to your use of the App. No further services are owed under these GTC.
2. License Terms (EULA)
SmartStamp grants you a simple, non-exclusive, revocable, and non-transferable right to use the app, subject to your compliance with all applicable laws, these license terms, and all applicable conditions available in the respective App Store/Play Store. No further rights are granted to you. Any form of sublicensing, rental, and/or distribution of the app or the rights to use the app is prohibited.
3. Updates
The app is provided as a dynamic and evolving product. SmartStamp reserves the right to expand, update, or modify the app at any time at its sole discretion, in particular to add, modify, or remove individual features. These license terms also apply to updates or revisions of this app. To ensure the correct and stable functionality of the app, you must install the latest version/update. SmartStamp is not obligated to maintain support for older versions/updates and does not guarantee the compatibility of older versions/updates with newer hardware operating systems. You are not entitled to receive updates to the app to expand its functionality.
4. Restrictions
You accept the following restrictions: You may not use the app for illegal activities or purposes. Furthermore, you may not use the app in a manner that violates these license terms or applicable law, in particular applicable copyright, data protection law, or other rights of third parties; in particular, the app may not be used for pornography, child pornography, cyberbullying, fraud, theft, terrorism, etc. You may only share or transfer objects to other users if you know that the other user is willing to receive the object. You are not permitted to create multiple accounts. You may not use the app to gain unauthorized access to SmartStamp products or services or to otherwise endanger the systems and infrastructure; you may not distribute, sell, rent, license, sublicense, or otherwise make the app available to third parties without prior consent. You may not transmit viruses or malware or initiate any other activities that could endanger the SmartStamp app, services, or products, or SmartStamp's systems and infrastructure. You may not translate, decompile, reverse engineer, or create derivative works of the app, unless expressly permitted by mandatory legal provisions. The aforementioned restrictions do not apply to individual components used in the app that are subject to open-source license terms. The respective open-source license terms apply to these components. If you fail to comply with these restrictions, SmartStamp may delete your items, even if you have paid for them, and close your account. If third parties assert claims suggesting a possible violation of these restrictions, we reserve the right to block content and items until the matter is definitively resolved legally.
5. SmartStamp Services
The scope of services for each individual service is defined by the description of the respective service in effect at the time of use. The app can identify and save characteristics of photographed objects ("fingerprints") from suitable digital photographs ("initial registration"). The photograph together with the fingerprints is defined as an "object." When a new photograph of an object is taken for verification ("verification"), the app can check whether these fingerprints are also present, which strongly suggests that it is the same object. The app logs relevant data in a logbook secured with blockchain technology.
REQUIREMENTS:
- Supported mobile phone with macro lens;
- The object to be photographed is flat, inanimate, solid, non-reflective, non-transparent and has a surface area of at least 2 x 2 cm;
- The photographs must be taken 2 cm above the surface;
- The area of the surface of the object from which the photographs were taken is not damaged;
- The underlying surface contains sufficient information;
The same mobile phone used for the initial scan is used for verification. During verification, the app provides a strong indication of whether an item is the same one that was initially registered. No further statements are made. SmartStamp does not guarantee suitability for any specific purpose, particularly the suitability of fingerprints for legal purposes such as providing evidence to authorities or courts. SmartStamp advises customers that it is not a backup service. Customers are responsible for the safe storage of their images.
STORAGE PERIOD
Unpaid items can be removed or deleted by SmartStamp at any time. However, customers can upgrade individual items for a fee, thereby guaranteeing the specified storage period, subject to compliance with these Terms and Conditions.
LICENSE
When you upload photos, you grant SmartStamp a simple, non-exclusive, revocable, transferable right to store and use the photos in the app. If you transfer the item to another user, you also grant that other user a corresponding license. If you upload photos of copyrighted works, you warrant that you are authorized to do so and also grant a simple, non-exclusive, revocable, transferable right to store and use the copyrighted work in the app. This also applies accordingly if you transfer the item to another user.
6. Liability
The app is provided to you on an "as is" basis. Smartstamp makes no representations, warranties, or endorsements of any kind regarding the app or its suitability, unless expressly stated otherwise. In any case, Smartstamp cannot guarantee that the app will be accessible without interruption or temporary impairment of its functionality. Smartstamp cannot guarantee that the app will continue to be available on the Play Store or App Store, or that future Android or iOS versions will be supported. LIABILITY AND WARRANTY ARE EXPRESSLY DISCLAIMED FOR VERSIONS OF THE APP NOT INTENDED FOR END USERS (TEST, PILOT, ALPHA, BETA VERSIONS, OR SIMILAR). YOU ACKNOWLEDGE AND ACCEPT THE RISKS ASSOCIATED WITH THE USE OF SUCH PROGRAMS; IN PARTICULAR, THAT MISLEAP OR DATA LOSS MAY OCCUR. THE USE OF SUCH PROGRAMS IS AT YOUR OWN RISK AND RESULTS IN A COMPLETE EXCLUSION OF WARRANTIES AND LIABILITY. SMARTSTAMP is liable without limitation for damages caused by intent, gross negligence, or willful misconduct, and in accordance with the Product Liability Act. In cases of simple negligence, SMARTSTAMP is liable without limitation only for damages resulting from injury to life, body, or health. IN ALL OTHER CASES OF SIMPLE NEGLIGENCE, SMARTSTAMP IS LIABLE ONLY TO THE EXTENT THAT SMARTSTAMP BREACHES A ESSENTIAL CONTRACTUAL OBLIGATION, IF THAT IS ESSENTIAL FOR THE PROPER EXECUTION OF THESE LICENSE TERMS AND ON WHICH YOU RELY OR CAN REGULARLY RELY — IN WHICH CASE SMARTSTAMP'S LIABILITY TO YOU IS LIMITED TO TYPICALLY FORESEEABLE DAMAGES. If you are a business owner, liability for simple negligence is furthermore limited to the sum of the contractual fees you paid to Smartstamp under the specific contractual relationship for the two-year period preceding the occurrence of the damaging event. Further claims for damages due to simple negligence are excluded. Claims based on software defects are excluded if you do not perform the software updates offered and made available online by Smartstamp and the defect could have been avoided by the provided software update. This also applies to security vulnerabilities that arise because the provided software update was not installed by the user or was interrupted during installation. YOU ARE AWARE THAT NO CLAIMS FOR DAMAGES CAN BE MADE AGAINST SMARTSTAMP ARISING OUT OF THEIR NEGLIGENT, UNAUTHORIZED OR ILLEGAL SECURITY MECHANISMS,IN PARTICULAR, WITHIN YOUR OWN LAN OR MOBILE DEVICE, OR FROM USING THE APP IN CONTRARY TO THE LICENSE TERMS. YOU ARE RESPONSIBLE FOR ENSURE THAT THE APP IS NOT MISUSED BY THIRD PARTIES AND MUST SECURE ACCESS TO THE APP. IF THE DEVICE ON WHICH THE APP IS ACCESSIBLE IS LOST (E.G., THROUGH LOSS, THEFT, ETC.), YOU ARE RESPONSIBLE FOR IMMEDIATELY REVOKING ALL ACCESS PERMISSIONS USING APPROPRIATE MECHANISMS TO PREVENT UNAUTHORIZED ACCESS TO THE APP.
7. Termination of the contractual relationship
Both SmartStamp and you may terminate this agreement at any time. Notwithstanding the foregoing provisions, SmartStamp may only terminate this agreement with two weeks' notice. The parties' statutory right to terminate this agreement without notice for good cause remains unaffected. In particular, SmartStamp is entitled to terminate this agreement without notice immediately in the event of a material breach by you of the terms and conditions set forth in the General Terms and Conditions. Termination of the agreement will result in the revocation of your right to use the app; you must cease using the app immediately.
8. Changes to the Terms and Conditions
SmartStamp may amend these Terms and Conditions with reasonable notice. If you do not object to the amendment within a reasonable period set by SmartStamp, the amendment will be deemed accepted. SmartStamp will inform you in the amendment notice that the amendment will become effective if you do not object within the set period. In the event of an objection, SmartStamp may terminate the contractual relationship with two (2) weeks' notice. SmartStamp may send information and declarations relating to the contractual relationship to the customer's email address.
9. Applicable Law and Jurisdiction
For disputes arising from this contract, including disputes concerning its formation, the registered office of SmartStamp shall be the exclusive place of jurisdiction. Swiss law shall apply.
10. Language versions
Should there be any discrepancies between the German and English versions of these Terms and Conditions, the German version shall prevail.