Terms of Service

1. General Information

Obsidion Labs Limited (“our,” “us,” “we” or “Obsidion Labs”), a company incorporated and registered in the British Virgin Islands, with company number 2169748 and whose registered office is at Intershore Chambers, Road Town, Tortola, British Virgin Islands, builds open-source, blockchain-based software applications, with a focus on zero-knowledge proofs.

Obsidion Labs is currently developing various products that utilise zero-knowledge cryptography to provide consumers, developers, and public and private institutions with novel functionality on blockchains and the internet, including the ZKPassport protocol and mobile application (including any and all related open-source components, code, software development kits (SDKs), circuits, sandboxes, testnets and/or tools) (“ZKPassport”). ZKPassport is an open-source, permissionless, and self-custodial digital-identity system (available on iOS and Android) that leverages the same International Civil Aviation Organization (ICAO) open standards infrastructure used globally in airports and national border systems to authenticate electronic identity documents. ZKPassport intends to enable privacy-preserving identity verification using passports and identity cards. It allows developers to request and verify specific identity attributes without exposing unnecessary personal information.

Obsidion Labs currently provides a method of access and information through the website located at https://zkpassport.id/ (“Website”), including to ZKPassport and information about our updated or new features, functionalities, and other technologies (collectively, the “Services”).

These website terms and conditions (“Terms”) set forth the legal terms and conditions governing your Website use and your use of any Services.

By accessing the Website and/or using our Services, you confirm that you accept these Terms and that you agree to be bound by and comply with these Terms, and you represent and warrant that you have the willingness, right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree to all of these Terms in their entirety, you may not use this Website, the Services or any other related site in any manner.

2. Eligibility

You must not be a Prohibited Person to access and use the Services. A “Prohibited Person” is any person or entity that (a) the subject of any economic or trade sanctions administered or enforced by any governmental authority, including being designated on any list of prohibited or restricted parties by any governmental authority, such as the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List Entity List, the E.U. Consolidated List of persons, the Swiss SECO sanctions list and the U.K. Consolidated List of Financial Sanctions Targets, (b) located, a resident of or organized in any jurisdiction or territory that is the subject of comprehensive country-wide or regional economic sanctions or has been designated as “terrorist supporting” by the United Nations or the governmental authority of the European Union, Switzerland, United Kingdom or the United States, or (c) owned or controlled by such persons or entities listed in (a)-(b).

3. Disclaimer

You expressly acknowledge that your use of the Website and Services is provided to you on an “as is” and “as available” basis without any warranty under these Terms and to the extent allowed by applicable law, all express or implied conditions, representations and warranties including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality, or arising from a course of dealing usage or trade practice, or warranty of non-infringement are disclaimed.

In instances where we discuss future ideas or potential developments (including, without limitation on social media, interviews, websites, etc), we are expressing our vision and aspirations. However, this should not be interpreted as a binding commitment or a guarantee that these concepts will materialise, that we will implement any of them, or that they will prove effective.

It is your responsibility to check whether the Services meet your purposes or needs. We do not promise or guarantee that the Services will fulfil any particular purposes or needs that you may have.

Except for the Service descriptions set out in these Terms and any other documents we have provided to you on the Website, we do not promise or guarantee that the Services will meet any specific requirements or specifications. While we will use reasonable care and skill to keep the Services available, we do not promise or guarantee that it will be uninterrupted or always accessible. We do not accept liability for any losses you may suffer due to such interruptions or inaccessibility.

While we take reasonable steps to protect the security of the Services, we do not promise that they are free from viruses, malware, cryptography bugs and other digital security threats. You should take standard precautions to protect yourself, your systems, your equipment, and your identity documents from such threats.

We are not responsible for any interruption to or inaccessibility of the Services due to network problems or outages or other third-party infrastructure that we rely on to provide the services.

NO REGULATORY AUTHORITY HAS EXAMINED OR APPROVED ANY OF THE INFORMATION SET FORTH IN THESE TERMS OR ANY RELATED DOCUMENTATION OR COMMUNICATION BY OBSIDION LABS. NO SUCH ACTION HAS BEEN OR WILL BE TAKEN UNDER THE LAWS, REGULATORY REQUIREMENTS, OR RULES OF ANY JURISDICTION.

NEITHER THESE TERMS NOR ANY RELATED DOCUMENTATION OR COMMUNICATION BY OBSIDION CONSTITUTES A PROSPECTUS OR OFFERING DOCUMENT AND IS NEITHER AN OFFER TO SELL NOR THE SOLICITATION OF AN OFFER TO BUY ANY INVESTMENT OR FINANCIAL INSTRUMENT IN ANY JURISDICTION.

THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

In addition, please read and refer to the Obsidion Labs Social Media Disclaimer.

4. Your Commitments, Representations and Warranties

By participating in the Services, you confirm, represent and warrant that:

• You have sufficient understanding of cryptographic proofs, and distributed ledger technology to understand these Terms and to appreciate the risks and implications of using the Services;
• You have read and understand these Terms (including the totality of the https://docs.zkpassport.id/intro).
• You have obtained sufficient information about the Services to make an informed decision to use the Services.
• You will comply with any applicable tax obligations in your jurisdiction that may be relevant to your use of the Services;
• You agree to promptly provide to Obsidion Labs or its nominee, upon request, proof of identity and/or source of funds and/or other documentation or other information that Obsidion Labs may request from time to time in connection with Obsidion Labs’s obligations under, and compliance with, applicable laws and regulations, including but not limited to anti-money laundering legislation, regulations or guidance and/or tax information reporting or withholding legislation, regulations or guidance;
• You are at the age of majority in your country of residence;
• If you reside in the United States, you waive the right to participate in a class action lawsuit or a classwide arbitration against any entity or individual involved with the use of the Services, as discussed more fully in Section 15;
• You have full power and authority to use the Services and to enter into these Terms. If you are using the Services on behalf of a legal entity, you are authorised to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity (references to “you” in these Terms refer to you and such entity, jointly);
• You are not a Prohibited Person; and
• You agree not to allow anyone to use any login or share your credentials or any identity documents with any other person for the purpose of facilitating their unauthorised access to, or use of, the Services. If you do share your credentials with anyone we will consider their activities to have been authorised by you. You alone are responsible for any acts or omissions that occur during the Services through the use of your credentials. We reserve the right to suspend or block your access to the Services upon suspicion of any unauthorised access or use, or any attempted access or use, by anyone associated with your credentials.

5. Acknowledgment and Assumption of Risk

By accessing and using the Services, you confirm that you have sufficient knowledge and experience in business and financial matters, including a sufficient understanding of cryptography, blockchain technologies, digital assets, storage mechanisms, and blockchain-based software systems to be able to assess and evaluate the risks and benefits of the participation in the Services contemplated hereunder, and will bear the risks thereof. You acknowledge and agree that there are risks associated with participating in the Services and using blockchain technology and novel cryptography. These include, but are not limited to, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risk of personal information disclosure, risk of uninsured losses, and unanticipated risks.

We will take reasonable steps to deploy secure and functional smart contracts underlying the Services. However, subject to Section 11, we do not promise or guarantee that the Services will be uninterrupted or always accessible and we do not accept liability for any losses you may suffer due to such interruptions or inaccessibility. You acknowledge that you have obtained sufficient information to make an informed decision to partake in the Services, including carefully reviewing the code of the applicable smart contracts and the Aztec Network, and fully understand and accept the functions of the same. Smart contracts execute automatically when certain conditions are met. We do not have the ability to reverse a transaction that is recorded on a public blockchain. You are responsible for ensuring that any details you enter in connection with a transaction using any smart contracts are accurate and complete. Subject to Section 11, we are not responsible for any losses due to your errors, including an incorrectly constructed transaction. Further, since smart contracts typically cannot be stopped or reversed, vulnerabilities in their programming and design or other vulnerabilities that may arise due to hacking or other security incidents can have adverse effects to digital assets, including but not limited to significant volatility and risk of loss.

Obsidion Labs relies on external service providers / third party infrastructure (including, without limitation, the Aztec Network and any applicable blockchain networks, Aztec cryptography backend infrastructure, app distribution platforms such as Apple App Store and Google Play, mobile device attestation services such as Apple App Attest and Google Play Integrity, and the public-key infrastructure published by ICAO-9303-compliant issuing authorities) to provide essential services and/or infrastructure in relation to the Services (“Third Party Services”). Obsidion Labs is not responsible for the functionality, availability, content, accuracy, completeness, timeliness, validity, compliance, legality, decency, quality or any other aspect of such Third Party Services, and subject to Section 11, will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any Third Party Service.

The regulatory regime governing blockchain technologies and digital assets is uncertain, and new regulations or policies may materially adversely affect the potential utility or value of such digital assets.

6. Release

To the fullest extent permitted by applicable law, you expressly agree that you assume all risks and liabilities in connection with your use of the Services (including, without limitation, the development and/or deployment of any software under or in connection with the Services), as such are detailed therein and as permitted under applicable laws. You further expressly waive and release Obsidion Labs, as well as its affiliates and service providers, and each of their respective past, present and future officers, directors, members, employees, consultants, representatives and agents, and each of their respective successors and assigns from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Services.

7. Privacy

Obsidion Labs is committed to protecting your privacy. ZKPassport is designed so that the data extracted from your identity document is encrypted and processed locally on your device and never leaves it; only the proofs and the attributes you choose to share are transmitted to the application requesting verification. In order to provide you with Services under these Terms and in accordance with our Privacy Policy, we may collect certain limited personal data. For additional information about the type of personal data we process and how we collect, use and share personal data please review our Privacy Policy carefully.

8. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all text, software, displays, graphics, and design) are owned by Obsidion Labs and its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All the copyright and other intellectual property rights in our Website’s content and the material are reserved. Neither these Terms nor your access to the Website transfers to you or any third party any rights, title, or interest to such intellectual property rights. You agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Website and Services and its content, including, without limitation, the exclusive right to create derivative works.

9. Third Party Materials

Our Website may contain links to third-party resources including (but not limited to) blockchain wallets, relying-party applications integrating ZKPassport, websites and other information, materials, products, or services, which we do not own or control (collectively, “third-party products”). A third-party product site link is not an indication that we endorse such third-party products or are in a manner affiliated with them. Any time we link to, quote, or otherwise reference any third-party products or reproduce or incorporate their information, content, or material, it is solely for informational purposes. These third-party products are owned, operated, and controlled by third parties. We strongly advise you to read the terms and conditions and privacy policies of any third-party products you visit and/or use. When you use or rely on any third-party products, you do so at your own risk. You understand that you are solely responsible for any fees or costs associated with using third-party products and that, unless stated herein, the Terms do not otherwise apply to your dealings or relationships with any third parties or third-party products, and we assume no obligations or liability and make no representations or warranties regarding such third-party products.

10. Restrictions on the Use of Services

You may only use the Website and Services for lawful purposes and in compliance with these Terms. You agree not to use the Website and Services to do any of the following:

• violate any applicable law or regulation, including, without limitation, any applicable sanctions laws, export control laws, securities laws, anti-money laundering laws, privacy laws;
• use any device, software or routine that interferes with or compromises the integrity, security, or proper functioning of the Website and/or our Services;
• damage or disrupt any parts of the Website, the server(s) on which the Website is stored or any server, computer, or database connected to the Website;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
• encourage or enable any other individual to do any of the foregoing.

11. Limitations of Liability

This section limits the liability that we accept, and the types of damages that you may be able to recover from us. Please read it carefully.

We do not exclude or restrict our liability in any way that would be unlawful (including our liability for any death or personal injury caused by our negligence, or for any fraud or fraudulent misrepresentation by us, our employees or directors). The exclusions and limitations below are all subject to this statement. References to liability in this section include every kind of liability arising under or in connection with these Terms, including liability in contract, tort (including negligence), or otherwise.

We are not responsible and do not accept liability for loss or damage that is not ‘foreseeable’. Loss or damage is ‘foreseeable’ if either it is obvious that it will happen or if, at the time you agree to these Terms, both you and we are aware that it might occur.

We are not liable to you for any failure to perform our responsibilities:

• due to any abnormal or unforeseeable event outside our reasonable control (including but not limited to acts of terrorism, significant weather-related events such as major floods, general strikes, general Internet outages, or epidemics or pandemics) and despite us having taken reasonable precautions against such events; or
• where performing our responsibilities would put us in breach of applicable law (e.g., where we have reasonable grounds to suspect that the Services are being used for fraud).

We do not accept liability for losses you may suffer as a result of your failure to provide us with accurate information or to comply with these Terms, or your inability to pay any network fees. Our total liability to you arising from, or in connection with, these Terms shall not exceed the lesser of (i) any amount you pay to us for any Service or (ii) US$10,000.

12. Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Obsidion Labs and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Obsidion Parties”) from and against all actual and threatened claims, lawsuits, demands, actions, investigations (whether formal or informal), liabilities, obligations, judgments, damages, penalties, interests, fees, losses, expenses (including attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether claimed by Obsidion Parties or third parties including governmental authorities, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively “Claims”) arising from or relating to (i) your use of the Services, (ii) the performance or non-performance of your responsibilities or obligations under these Terms, (iii) your breach or violation of these Terms, (iv) any inaccuracy in any representation or warranty made by you, (v) your violation of any rights (including, but not limited to, intellectual property rights) of any other person or entity or (vi) any act or omission of yours that is negligent, unlawful, or constitutes willful misconduct. This foregoing indemnity is in addition to, and not in lieu of, any other remedies that may be available to Obsidion Labs Parties under applicable law.

Obsidion Labs reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this Section 12. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Obsidion Labs.

13. Termination

We may terminate or suspend your access to our Services at any time for any reason.

14. Force Majeure

You acknowledge and agree that we will not be liable for failures or delays in providing Services or other non-performance caused by events including but not limited to strikes, insurrection, riot, civil unrest, war, fires, utility, or power failures, equipment failures, changes in law, cyberattacks, denial of service attacks, non-performance of our vendors or suppliers, acts of god, pandemic or epidemic events, or other causes over which we have no reasonable control. We will make reasonable efforts to limit the effect of any of those events and start or restart the Website and Services as soon as those events have been fixed.

15. Disputes; Arbitration

This Section 15 only applies if you reside in the United States.

Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Obsidion Labs (i) waive your and Obsidion Labs’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and Obsidion Labs’s respective rights to a jury trial. Instead, you and Obsidion Labs will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

No Class Arbitrations, Class Actions or Representative Actions

Any Dispute arising out of or related to these Terms is personal to you and Obsidion Labs and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Notice; Informal Dispute Resolution

Each Party will notify the other Party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Obsidion Labs shall be sent by e-mail to Obsidion Labs at company@zkpassport.id. Notice to you shall be by email to the then-current email address registered with Obsidion Labs. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Obsidion Labs cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable Party, then either you or Obsidion Labs may, as appropriate and in accordance with this Section 15, commence an arbitration proceeding or, to the extent specifically provided for in Section 15, file a claim in court.

Process

The parties shall try to resolve all Disputes by negotiation. This entails that one party invites the other in writing to a meeting and to attempt to resolve the Dispute within 7 (seven) days from date of the written invitation. Failing such a resolution, the Dispute, if arbitrable in law, shall be finally resolved in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect by an arbitrator or arbitrators appointed by Obsidion Labs. Such arbitration will be final and binding. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Obsidion Labs will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding.

Authority of Arbitrator

As limited by the JAMS Rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Severability of Dispute Resolution; Arbitration

If any term, clause or provision of this Section 15 is held invalid or unenforceable, it will be held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 15 will remain valid and enforceable. Further, the waivers set forth in Section 15 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

Opt-Out

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to company@zkpassport.id. The notice must be sent to Obsidion Labs within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, Obsidion Labs also will not be bound by them.

16. Governing Law and Venue

These Terms will be governed by and construed and enforced in accordance with the laws of England and Wales, without regard to conflict of law rules or principles (whether of England and Wales or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, any additional, mandatory consumer rights and protections that you are entitled to under the laws of the country in which you reside will also apply. Any Dispute between the Parties arising out of or relating to these Terms that is not subject to arbitration or cannot be heard in small claims court will be resolved and filed only in the courts of England and Wales, or, if you do not reside in England or Wales, you may be able to bring a claim in your local courts from the country where you reside (for example, if you reside in the European Economic Area or elsewhere in the United Kingdom). If you reside in the United States, please refer to Section 15 above.

Severability

If any term, clause, or provision of these Terms is held to be illegal, invalid, void, or unenforceable (in whole or in part), then such term, clause, or provision shall be severable from these Terms without affecting the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision in these Terms, which will remain in full force and effect. Any invalid or unenforceable provisions will be interpreted to effect the intent of the original provisions. If such construction is not possible, the invalid or unenforceable provision will be severed from these Terms, but the rest of these Terms will remain in full force and effect.

Miscellaneous

These Terms constitute the entire agreement between you and us relating to your use of Services. We may make changes to these Terms from time to time, including as reasonably required to comply with applicable law or regulation. If we make changes to these Terms, we will give you reasonable advance notice (except where this is not possible due to the need to implement changes immediately, e.g., for security reasons) and include the date of the update. Your continued participation in the Services after the changes take effect amounts to your acceptance of the updated Terms.

We may assign our rights and obligations under these Terms provided that this shall not affect your rights or recourse. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. Using any Services does not create any form of partnership, joint venture or any other similar relationship between you and us. Except as otherwise provided in herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form.

17. Changes to These Terms

We reserve the right, in our sole discretion, to modify, suspend or discontinue the Terms and/or Services (or any features or parts thereof) from time to time to reflect changes to our Services, our users’ needs, our business priorities or changes in laws applicable to us, without liability to you. We will give you reasonable notice when we change our Terms. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. Please check these Terms regularly to ensure you agree with the most recent version.

18. Additional Terms

Please note that your access and use of any Service is also subject to these terms. If you do not agree to all of these terms in their entirety, you may not use the Services in any manner.

Open-Source

ZKPassport is being developed on an open-source basis under the Apache License, Version 2.0, the terms of which are found here: https://www.apache.org/licenses/LICENSE-2.0 (the “Apache Licence”). By accessing, using, copying (or similar) any part of ZKPassport, you agree that it shall be governed by the Apache Licence (and the Terms herein). ZKPassport is licensed under the Apache Licence and you undertake that you will not use ZKPassport except in compliance with the Apache Licence and these Terms.

Compliance with Law

You represent and warrant that you will comply with all laws that apply to you, your use of any Services and your actions and omissions that relate to the Services. If your use of any Services is prohibited by applicable laws, then you aren’t authorised to use any such part of the Services. We will not be responsible for your using the Services (and developing and/or deploying any software) in a way that is a violation of any law.

19. Contact Information

If you have any questions about the Website or these Terms, please contact us at company@zkpassport.id.