TERMS AND CONDITIONS OF USE
Terms and Conditions of Use (hereinafter, “Conditions”) regulate the use and access to the “Inkan” application (hereinafter, the “App” and/or Inkan indistinctly), owned by MIMESIS CONTENTS, SL (hereinafter, “the Company”, “We” and/or “Us” indistinctly).
The acceptance of these Conditions implies a binding contractual relationship between you (hereinafter, the “User”, “Tester User” and/or “You”, indistinctly) and the Company.
Likewise, these Conditions regulate the pre-contractual and contractual relationship between Inkan and the companies interested in acquiring Inkan Services for the exercise of their commercial, business, trade or profession activity (hereinafter, the “Client”).
The access and use of the App implies knowledge and acceptance of the following Conditions.
The following identifying data of the owner of the App is exposed:
- Name: MIMESIS CONTENTS, SL
- Registered office: Plaça de Pau Vila, 1 Bloc A, Planta 3, Porta 3A1, 08039 Barcelona
- Registration data in the Mercantile Registry: Registro Mercantil de Barcelona, Volume 47162, Folio 122, General Section, Sheet B-543213
- Tax Identification Number: B67548883
- Email: firstname.lastname@example.org
Inkan is a decentralized tool, which means that it is connected to a node that participates in a blockchain network (“Polygon”). Every time the camera button is pressed to take a photo, our node publishes the fingerprint (hash) of the image or video into Polygon. From there, this ID code that identifies the image rests safely in a public database that cannot, by definition, be deleted or modified (hereinafter, the “Services”).
The image or video made by the User, if he so wishes, will be linked to the place (gps), date/time, person (user) and ID of the device that created it, becoming Non-Fungible Tokens (NTFs), known in the digital market as authenticated, original and unique digital assets (hereinafter, the “Content” and/or “Certified Content” interchangeably).
REGISTRATION IN THE APP
As a general requirement, you declare that you are over 18 years of age and/or have sufficient legal capacity to sign a contract.
Through these conditions, the following registration modalities are established:
Registration as Tester User: to register under this modality, users must download and enter their personal data required to create an account and access it. This registration modality allows the users to use the App for free for a maximum period of seven (7) calendar days, after which period they will not be able to access the App with their credentials, which will be suspended, unless they decide to sign up for a payment plan.
Registration as a Company User (Client): under this modality, the client must request prior registration to Inkan. Once requested, Inkan will send an email with the link to a web form where the client can register. This registration is not automatic, it requires prior validation by Inkan. After validation, the client will have a trial period of 30 days. Once the trial period has expired, the client will no longer be able to access it with the credentials created, unless they agree to subscribe to an annual payment plan. Finally, Inkan will notify the client with a reminder email, before the trial period expires, said email will include a link to the payment gateway, where the client can choose the plan of their choice.
In any case, once Inkan recognizes the registration of any user or client, they may begin to use the Services.
Based on the foregoing, the user or client who uses Inkan’s services guarantees that their personal data provided is true and accurate and undertakes to notify Inkan of any change or modification thereof.
In the event that the user or client provides any false, inaccurate or incomplete data or if Inkan considers that there are well-founded reasons to doubt the veracity, accuracy and integrity of the same, we may deny access and present or future use of the App or any of its content and/or services.
TREATMENT OF PERSONAL DATA
USE OF THE APP
Once registered in the App, each time a photo or video is captured, Inkan creates a unique and unfalsifiable identification code, also known as a “hash”, which is uniquely connected to that image. We call it “fingerprint,” because it defines an image in the same way that a human fingerprint defines a person.
The user or client can choose what data they wish to link to the image they are certifying, for this, and under their responsibility, they may or may not include their username (or nickname), their mobile device ID and/or the GPS coordinates. You can choose not to add any data to the image, which will then be authenticated, but not associated with the place, device or user. The timestamp of the transaction on the Polygon Blockchain will always be recorded. This process will depend on the Internet connection of the user’s or client’s mobile device.
Likewise, the App allows the user or client to manage their Content and perform the following actions:
- Digitally establish the principles of authorship and ownership of the content automatically and at the very moment of its creation.
- Delete, share and post the Content at any time.
- Transmit and publish the Content associating the captures with the time, place and device where they were taken, as well as the identity of the user or client.
- Publish Content on social networks, such as Twitter, Telegram and on Inkan’s own platform (Inkan News).
- Search the Content filtering it by fingerprint.
- Receive every time you take a photo or video, an email with the “Certificate of authenticity” of the content.
The user or client may publish their authenticated content on different platforms. Inkan is integrated with Twitter, Telegram and its own web platform inkan.news, making quick transmission of captured contents very easy.
Inkan facilitates the publication of content to the user or client, providing certainty to the user or to third parties that the information is real and certified.
By clicking the “Publish” button, the content will be published on the three platforms indicated above. Images and videos are accessible through these publishing platforms; but never the authenticated content.
RESPONSIBILITY OF THE USER OR CLIENT
In general, the following behaviors and/or actions will be prohibited, including but not limited to:
- Creating a profile for a third party, unless express consent is obtained for it.
- Use the App or the means offered by Inkan for purposes not reflected in this document.
- Use the Inkan brand for personal use, damage the brand and/or logo, take screenshots or use App media to promote personal interests in other media or channels.
- Use the App to spread hateful, violent, racist, religious, discriminatory, harmful, abusive, anti-health and/or pornographic messages.
- Threaten other users, customers and/or people outside the App.
- Take screenshots of the videos broadcasted by users or clients and/or broadcast them on other social networks. In this sense, Inkan reserves all rights to initiate as many legal actions as are permitted by law.
- Use private information of third parties to publish them, use images, videos or reproductions that may infringe the privacy or rights of third parties.
The content created in the App and published on any social network or on Inkan Platform is the sole responsibility of the user or client who published said content, exempting the Company from any type of responsibility for any incident that said content may produce.
If you detect that a user or client uses the App for purposes other than those stipulated in these Conditions, in an inappropriate and/or illegal manner, you must contact Us at the following email address: email@example.com
Likewise, the user or client may report the improper use of Inkan by third parties through the “Report” button. In these cases, Inkan will analyze the infraction and, at its discretion, will proceed to remove the user or client when it deems it necessary.
For its part, the Company reserves the right to eliminate and/or block any user or client account that it considers or has sufficient indications of, that these Conditions are being breached, regardless of the legal actions that it may exercise at any time.
RESPONSIBLITY OF INKAN
Inkan is only a platform where registered users or clients can use its Services to convert their content into a technological piece of evidence, automatically certified, allowing for it to be published on their social profiles and on Inkan’s own platform.
In this sense, Inkan is not responsible for the authenticity, accuracy, reliability, legality of the data provided by users or customers, such as location data, device ID, among other similar data; as well as possible violations of the rights of third parties by users or clients.
Therefore, users or clients understand that we are an independent company that makes the App available to them, and that it does not assume any responsibility derived from the information provided by users or clients, nor for the damages or losses that third parties may eventually suffer because of publications and/or for the breach of these Conditions.
Users or clients are fully responsible for the access and correct use of their account in Inkan and other contents of the App subject to current legislation, whether national or international, as well as the principles of good faith, morality, good customs and public order. And specifically, they acquire the commitment to diligently observe and comply with these Conditions.
Users or clients will refrain from using their profile and the rest of the content of the App for illicit purposes or effects and that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the App, its contents and its services. Likewise, it is forbidden to prevent the normal use or enjoyment of the App by other users or clients.
Inkan cannot be considered editorially responsible, and expressly declares that it does not identify with any of the opinions that users or clients may express in the App or in their social network profiles, for whose consequences its issuer is entirely responsible.
Those who fail to comply with such obligations will be liable for any loss or damage caused. The Company will not be liable for any consequence, damage or harm that may arise from said access or illicit use by third parties.
In addition to what is indicated above, and to the extent permitted by law and, except as provided in these Conditions, in no case will the Company be responsible for personal, accidental, special, direct or indirect damages, including, without limitation, damages for lost profits, loss of data, business interruption or any other commercial damage or loss, related to the use or inability to use the App, regardless of cause, regardless of the theory of liability ( contractual or extracontractual or any other) and even if the user or client has been warned of the possibility of such damages.
SUBSCRIPTION – PLAYMENT PLAN
Once the trial period has ended, the user or client will be able to continue authenticating content (images or videos) by subscribing to an annual payment plan, offered by Inkan.
The prices of said plans will appear reflected in Euros, and will include all the corresponding and legally established taxes for each country, where appropriate.
The user or client may pay for the subscription plan, through the payment gateway provided for this purpose, using their credit and/or debit card. In any case, payment through this method will be made through a secure payment platform.
The user or client will receive, through the email address provided for this purpose, an invoice where all the data related to the subscription will be included. Likewise, the operation will be stored in the “Billing History” section of the App.
THIRD PARTY LINKS
Through the App, the user or client will be able to see links that will appear during its use and that will redirect them to platforms (social networks) outside of Inkan. Through these links, the user or client will be able to share their Content on said platforms.
Inkan is not responsible for the linked platforms, nor the information they provide or advertise. Likewise, Inkan does not guarantee the quality or veracity of the services and products offered through said platforms. None of the entities listed in the App belongs to Inkan and, consequently, Inkan is not responsible for any action by the owners of said platforms.
Any relationship that the user or client maintains with any of these platforms will exempt Inkan from any responsibility. It will be an exclusive relationship between the entity and the user or client.
CANCELLATION OF THE USER OR CUSTOMER
The simple deletion of the application from the terminal does not imply in any case the cancellation of the Services. Likewise, the content shared by the user or client in the App and on the Inkan web platform (inkan.news) will not be deleted. Unless the user or client expressly requests it.
The user or client can unsubscribe at any time. Always in compliance with applicable regulations, payments are non-refundable and partial refunds are not provided, this means that at the time the subscription is made, the user or client will be able to enjoy it during the term of the subscription. Except for the cases in which the right of withdrawal is in favor of the consumer or user (within fourteen (14) calendar days after subscription).
The cancellation of the subscription plan can be done through the email firstname.lastname@example.org, indicating your desire to unsubscribe from the App. In this sense, Inkan will confirm through the same means of contact, either for this purpose, the execution of the cancellation in the User’s App.
RIGHT OF WIDTHDRAWAL
The user, understanding the latter as a natural person who acts for a purpose unrelated to his commercial, business, trade or profession, disposes of fourteen (14) calendar days from the acquisition of the subscription plan to withdraw from the Inkan Services (prior to the execution of the Service, that is, to the use and enjoyment of the App Services), without the need to justify such decision.
In the event that the user exercises the right of withdrawal during said period, the amount paid will be returned.
Inkan will refund the amount within a period of fourteen (14) calendar days from the date on which the request for cancellation of the service related to the withdrawal period is received.
As a general rule, the amount will be reimbursed according to the initial payment method made by the client and will be made within 14 calendar days from the time Inkan is unequivocally informed of the withdrawal of the purchase.
It should be noted that, when a user or client acts under their commercial, business, trade or profession activity, they will not be able to exercise this right.
INTELECTUAL AND INDUSTRIAL PROPERTY
The authorship and ownership of the Content produced and published by the user or client through the App belongs to the user or client. However, the user or client grants a worldwide, non-exclusive, free, transferable and sublicensable license to publicly communicate and distribute said content through the App and web platform. Including, where appropriate, the username or client and any other data associated with it.
The contents related to brands, domains, logos, drawings or documentation, including software, computer programs, or any element that may be subject to protection by Intellectual or Industrial Property legislation, which may be accessible to users, are of property of the Company and/or it, has a license, and all rights of use over them are expressly reserved.
The user or client may make use of said material only in the manner in which the Company expressly authorizes it.
Any improper use of the Service or breach of obligations by the user or client may lead, at the discretion of the Company, to the cancellation of the account, or suspension of the Service until the incident is resolved, if applicable.
Likewise, the user or client undertakes not to remove, delete, alter, manipulate or in any way modify:
- Those notes, legends, indications or symbols that either the Company or the legitimate owners of the rights incorporate into their properties in matters of Intellectual or Industrial Property (such as, for example, copyright, ©, ® and ™, etc.).
- The technical protection or identification devices owned by the Company (such as, for example, watermarks, fingerprints, etc.).
The user or client acknowledges that, by virtue of these Conditions, the Company does not assign or transfer to them any right over their Intellectual and/or Industrial Property titles, or over any third-party properties. The Company only authorizes the user or client to access and use them in accordance with the terms indicated in these Conditions.
The user or client is not authorized to copy, distribute, transmit, communicate, modify, alter, transform, assign or, in any other way, carry out activities that entail the commercial use of the Intellectual and/or Intellectual Property rights of the Company, either partially or totally, without the express consent, granted in writing, of the legitimate owner of the exploitation rights.
The Company reserves all the Industrial and/or Intellectual Property rights that correspond to it.
The Company does not grant any other license or authorization of use to the user or client regarding their Intellectual Property and Industrial property rights other than what is expressly detailed in this clause.
The Company reserves the right to terminate or modify at any time and for any reason, the licenses granted under these Terms. Without prejudice to this, we may take legal action against any use by the user or client that:
- Does not comply with the Conditions specified here;
- Infringes or violates the rights of Intellectual and Industrial Property or other analogous rights of the Company or of any other legitimate third party owner; or violate any applicable regulations.
In the event of any claim and/or incident attributable to the Company related to the Service, we have a claim procedure that is initiated through the email address email@example.com. Once this communication has been initiated, we will work together with the user or client to collect the necessary information about their claim and/or incident.
The Company undertakes to answer the user or client within a period not exceeding seventy-two hours (72 hours) from receipt of the claim.
INDEPENDENCE OF CLAUSES
If any of the clauses of these Conditions were null and void or voidable, it will be considered as not included. Said declaration of nullity will not invalidate the rest of the document, which will remain valid and effective between the Parties.
APPLICABLE LEGISLATION AND JURISDICTION
These Conditions will be governed by Spanish legislation, which will be applicable in matters not provided in them, in terms of interpretation, validity and execution.
In the event that any conflict or discrepancy arises in the interpretation and/or application of the Conditions, the competent Courts will be those provided by the applicable legal regulations regarding the competent jurisdiction of consumers and users.
Likewise, the user may amicably resolve incidents that may occur during the contractual relationship, through the Platform promoted by the European Commission, which can be accesed here.
In the case of clients who act for a purpose related to their commercial, business, trade or professional activity, they submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona.
MODIFICATION OF CONDITIONS
Published on July 12, 2021