CheckD Data Wallet: Terms of Service
[Last updated 5 Sep, 2024]
CheckD Data Wallet Terms of Service
Hello! Thanks for signing up with us. We’d like to explain the terms for using the CheckD Data Wallet.
We believe terms should be simple to understand and hopefully you agree.
Welcome to CheckD Data Wallet
We are Dataswyft Inc (Formerly known as. Dataswift Inc), trading as Dataswyft CheckD. We are a company registered in Delaware, United States of America (USA) (State File Number 7433333) and our registered office is at 8 The Green, Ste R, Dover, Kent, Delaware 19901.
You have chosen to use our Services (defined below) that we provide, the CheckD.io website and CheckD Data Wallet application software (collectively, the “platform”).
Please note that we provide no guarantee that your Account (defined below) and the Services will always be accessible and available.
Signing up
In order to receive the Services you will need to use Dataswyft data wallet account technology. Your data wallet account will be provided to you directly by Dataswyft Network Ltd, registered in the England and Wales, United Kingdom (Company Number 15059243) based in 75 Ermine Way, Arrington, Royston, England, SG8 0AG, UK (“Dataswyft”). Dataswyft Data Wallet Account enable you to store, own, process, control, use and share your ID and data.
You will be asked to sign up to Dataswyft’s terms and conditions, which govern the use of your data wallet account.
Once you’ve signed up to Our Terms and Dataswyft’s terms, a data wallet account linked to CheckD (“Your Account”) will be set up for you, with a Wallet ID. You will then be able to use our services.
How CheckD Data Wallet works
CheckD Data Wallet provides you, as a data wallet account owner, with a range of services (“Our Services”) to create value with the data you own. The value you unlock can be from attendance management, proof of community membership, proof of identity, age and citizenship, proof of activity, validation and transfer of verified information, form filling and many others.
Using CheckD Data and Badges
When you start using CheckD, you would be asked to complete your profile information. This CheckD Profile information is stored in your account and not accessible by anyone except you. You are responsible for the accuracy of that information.
From time to time, new data profiles may become available for you to acquire your data from other digital systems into your account. You may then choose to update your “My Data” section with the new data profiles. CheckD does not guarantee that information from other apps are accurate.
Within your CheckD Data Wallet, you will be able to access CheckD “badges”. A CheckD Badge is a set of information about a badge holder and is issued by a badge issuer. A badge has a “badge label” and ”badge content” that would specify the information necessary for the badge to be valid.
You can request to authenticate a badge. This is a declaration by you that the badge label and content described by the badge is an authentic representation of you as a badge holder. The authentication of a badge is based on the rules set by a badge issuer. Depending on the issuer and the badge, a badge may be (1) self-authenticated or (2) authenticated by information in your Data Profiles (which could be verified or unverified) or (3) authenticated by another data wallet owner. We are not responsible for the authentication rules set by badge issuers.
You can authenticate the badge of another badge holder. If you do so, you would have an Authenticator QR code that the badge holder can scan and by allowing the scan, you attest that the badge label and content is a true representation of that badge holder.
You can enable validation of your badge. This means you allow a third party with a smartphone camera to scan the QR code of your badge to validate its information.
You can validate the badge of another badge holder. This means you can scan the QR code of the badge from your smartphone camera or from within your CheckD Data Wallet. This would present you with information on whether the badge is valid.
You can enable badge content to be transferred. This means you allow another CheckD Data Wallet to receive the content specified by the badge from your account. When you choose to transfer information, you agree to license that information to the receiver for the purpose stated during the transfer and based on the terms and conditions set out by CheckD in this agreement.
You can request and receive badge information from a badge holder after validating a badge. This means you can use CheckD to request for the badge content and if granted, receive the information into the CheckD inbox of your Account. When you choose to receive information, you agree to be bound by the terms and conditions set out by CheckD in this agreement and the information received is only for the legitimate purpose as set by the badge.
You can view and unlock benefits from the offers linked to badges.
CheckD is not responsible for whom you choose to present your badge to and/or whom you choose to share your badge content to.
When you share badge content, you agree that you are responsible for the release of that information. When you request and receive badge content, you agree that you will be responsible for that information. We check that the information in your data wallet account has not been tampered with, nor modified from its source. Where we believe the badge information is not secure, safe, legal, correct, or in violation of our Terms of Service or a breach of applicable laws, we retain the right not to execute the instruction.
Creating Communities and Issuing Badges
13. You can create a community on CheckD and be a badge issuer. When you issue badges, you specify the badge label and badge content for the badge to be valid, including, optionally, information available within the Data Profiles. If you choose information available in the Data Profiles, we provide transparency on the source of the information, where there is one, but we are not responsible for the accuracy of the information.
14. You can specify rules of a badge, including who can view them (public or private), who can authenticate, validate and receive badge content. While we provide you with the ability to assign the roles, we are not responsible for ensuring that those you assign will carry out the rules you specify for the badges you issue. If you upload or enter personal information of your badge holders, authenticators, validators or receivers they are stored within your Account. You are responsible for that information.
15. You can also specify the rules of authenticating, validating, transferring, requesting and receiving badge information, based on the functionality available in the CheckD Data Wallet. You are responsible for the correct execution of the rules.
16. You can create offers linked to a badge you issue. This means you allow badge holders to view these offers linked to the badges. You are responsible for the content of the offers.
Creating Quests
17. Whenever the service becomes available, you can create quests associated with CheckD badges. This means you can provide a systematic process for the use of badges by badge holders. You are responsible for the quests and how they are executed.
18. You can obtain zero-knowledge badge holders audience analytics for CheckD communities, badges, offers and quests. This means you can view data on the interactions by badge holders without any identity. Please note that badge holders may be given the right to opt out of audience analytics. You can also obtain analytics specific to the badge authenticators and validators you have appointed
19. Please note that all associated activities and rules related to signing up, profile, personas, communities, badges, offers and quests constitute CheckD services and may be subject to approval.
20. CheckD services may be chargeable depending on the plan you sign up to. From time to time, we may add to CheckD services.
Being a Badge Holder, Issuer, Authenticator, Validator and Data Receiver
21. If you choose to be a badge issuer, holder, authenticator, validator or receiver of badge content, you accept these roles and are responsible for them.
Why these Terms are important (please read them).
22. Under the terms and conditions set out on this page (the “Terms”) we license you to use the App.
23. It’s important that you read these Terms before you start using the App because they explain, amongst other things: what you can expect from the App; how we provide the App; how we may change the contract between us; how either of us may end the contract between us; and what you can do if you encounter a problem.
24. These Terms also set out the basis on which you may use: updates or supplements to the App and any related online or electronic documentation (the “Documentation”); the social media channels, newsletter communications and any other channels through which we promote the Services (the “Communication Channels”); and the materials, functions, and digital content provided through the Site and/or the App (as applicable) through our Communication Channels (together, and the “Materials”). Subject to the paragraph below, the App, the Documentation, the Communications Channels and the Materials are together referred to in these Terms as the “CheckD Products”.
25. For clarity, we offer no guarantee that your Account and the Services will always be accessible via the App.
26. Please note: Under most data protection legislations, we are required to provide you with certain information including how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise those rights. There is a brief description of this above, and a more detailed description in our Privacy.
27. If you’re using the App on devices: if you’re an Android user you should also read Google Play Store's terms and conditions and policies, and if you’re an iOS user you should also read Apple App Store's terms and conditions and policies (together, the “Store Terms”). If there is any conflict or ambiguity between a provision in these Terms and a provision in the applicable Store Terms, then the provision in the applicable Store Terms shall have priority over the provision in these Terms.
Need help? We’re here for you. please contact us at: contact@checkd.io
28. If you need help with anything, including if you aren’t happy with the CheckD Products, want to learn more about the CheckD Products, have experienced problems using them or think there is a mistake in these Terms, please get in touch with us directly by contacting our customer service team via email at contact@checkd.io
29. We may also need to get in touch with you from time to time. We’ll do this by email using the contact details you have provided to us, and in accordance with our Privacy Policy.
It’s all about you (the basis on which we’re engaging with you).
30. We are giving you personally, the right to use the CheckD Products as set out in these Terms.
31. To be eligible to use the CheckD Products you must be (i) a natural person who is acting for your own purpose; and (ii) an adult (i.e. at least 18 years old);
32. We are unable to guarantee that the CheckD Products are appropriate for use or available in all locations, so you use the CheckD Products at your own risk.
33. If you access your Account via phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the relevant phone or other device.
34. You are responsible for: (i) configuring your device, information technology, computer programs and platform to access your Account and the CheckD Products and ensuring that you satisfy any applicable compatibility requirements; and (ii) backing-up your content and data used with your Account and the CheckD Products. We accept no responsibility for configuration, compatibility or back-up.
35. If you sell any device on which the App is installed, you must remove the App from that device before sale.
This is a safe space (things you need to do to keep it safe).
36. You must not use the CheckD Products in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other members.
37. You must treat the password you create for your Account, and any other identification method created by you or provided by us from time to time, as confidential and you must not disclose this information to any third party. Your log-in details (including your email address and password) may only be used by you and not by any other individual or business.
38. We are relying on you to take all reasonable steps to prevent unauthorised access to, or use of, your Account, and the CheckD Products. If you suspect or become aware of unauthorised use or any other breach of security, please notify us immediately.
39. You may link to the Communication Channels, and the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Communication Channels, App in any website that is not owned by you. The Communication Channels and the App must not be framed on any other application or website, nor may you create a link to any part of the Communication Channels or the App other than the home page of the Communication Channels or the App. We reserve the right to withdraw linking permission without notice.
40. You must not transmit any material that is defamatory, offensive or otherwise objectionable when using the CheckD Products.
41. You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the CheckD Products. Please do not use the CheckD Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
42. You must not act fraudulently or maliciously in relation to the CheckD Products. In particular, you must not:
· misuse the CheckD Products by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
· attempt to gain unauthorised access to the CheckD Products, the server on which the CheckD Products is stored or any server, computer or database connected to the CheckD Products;
· conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to any CheckD Products, including using (or permitting, authorising or attempting the use of): any robot, spider, scraper, deep link or other data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the CheckD Products or any part of them; or any automated analytical technique aimed at analysing text and data in digital form to generate information which includes patterns, trends and correlations (but only to the extent that we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us);
· use or attempt to use any engine, software, tool, agent or other device to navigate or search the CheckD Products, other than search engines and search agents available through the CheckD Products or through generally available third party web browsers;
· attack the CheckD Products via a denial-of-service attack or a distributed denial-of service attack;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way contributing to, the CheckD Products; or
43. We do not guarantee that the CheckD Products will be secure or free from bugs, viruses, etc and, accordingly, you agree not to hold us accountable for such bugs, viruses, etc. You should use your own suitable virus protection software.
44. You grant rights and provide information to us, so we can deliver the CheckD Products to you.
45. Your inputs into your Account and the CheckD Products, and the outputs generated, will be fully accessible by, and visible to, CheckD.
46. By accepting these Terms, you grant to us a non-exclusive, royalty-free, perpetual licence to use the content that you upload and input into your Account, the CheckD Products and the outputs generated (together, the “Licensed Content”) for: (i) the provision of the CheckD Products; (ii) the provision of the Services; (iii) the administration of the Profile, Personas, Communities, Badges, Offers, Quests and associated Activity and Information; and (iv) any other purpose(s) referred to in these Terms, as they are amended from time to time (the “Licence”).
47. You acknowledge and agree that the Licence: (i) includes the right for us to use, modify, display, distribute and create new material using or incorporating the Licensed Content; (ii) allows us to sub-licence the Licensed Content to third parties and members of our corporate group; and (iii) allows us to disclose your identity to third parties if we are required to do so by applicable law or court order.
We grant rights to you, too.
48. We license the right to use the CheckD Products to you.
49. We cannot guarantee that the CheckD Products will always be available or be uninterrupted. We may terminate, suspend, withdraw or restrict the availability of all or any part of the CheckD Products with immediate effect and at our complete discretion, including for business and operational reasons (e.g. the malfunction of equipment, periodic updating, maintenance, repair and the acts or omissions of third party service providers on whom we rely to provide the CheckD Products). We will try to give you reasonable notice of any suspension or withdrawal.
50. We are the owner or the licensee of all intellectual property rights in materials that we publish (or that are published on our behalf) on or through the CheckD Products and any software, logos, branding or domains contained within or made available through the CheckD Products . These works are protected by copyright and other intellectual property laws and treaties around the world and all such rights are reserved. Our status (and that of any identified contributors) as the authors of content provided to you through the CheckD Products must always be acknowledged.
51. You have intellectual property rights to the data in your Account and the content created in My Data, My Community, the Badges, Offers and Quests you created as long as they are stored in your Account, and have the right to use them in accordance with these Terms. For clarity, these Terms do not grant you any rights to our intellectual property rights, including (but in no way limited to) any patents, copyright, database rights, trade secrets, trade names and trade marks (whether registered or unregistered). When you transfer data, you grant to the receiver a non-exclusive, royalty-free, perpetual licence to use the data that you transferred for the purpose specified on the badge. When you receive data you are given a non-exclusive, royalty-free, perpetual licence to use the data for the purpose specified on the badge subject to the terms of this agreement.
52. You are not permitted to use our business name, trading name, logos or branding without our approval and you will not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in, displayed on or comprising part of the CheckD Products.
We work hard to provide you with the CheckD Products (please use them respectfully).
53. You must not open, or attempt to open, more than one Account (if you open multiple Accounts, we reserve the right to close down your second any subsequent accounts at our complete discretion and without notifying you first).
54. copy any element of the CheckD Products, except as part of the normal use of the CheckD Products or where it is necessary for the purpose of back-up or operational security;
55. translate, merge, adapt, vary, alter or modify the whole or any part of the CheckD Products nor permit the CheckD Products or any element of them to be combined with, or become incorporated in, any other programs, except as necessary to use the CheckD Products on devices as permitted in these Terms;
56. collect or harvest any information or data from the CheckD Products or reproduce, extract or otherwise communicate or make available to third parties any part of the CheckD Products (or any resources therein);
57. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the CheckD Products nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile a CheckD Product to obtain the information necessary to create an independent program that can be operated with a CheckD Product or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities: (i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; (ii) is not used to create any product or service that is substantially similar in its expression to any of the CheckD Products; (iii) is kept secure; and (iv) is used only for the Permitted Objective; or
58. license, sell, resell, rent, commercially exploit, make available to third parties, or enable any third parties to access any element of the CheckD Products.
How do I create value with CheckD?
59. Our My Data, My Community, Badges, Offers and Quests issued give you opportunities to own and use your data.
60. We welcome you to create communities, badges, offers and quests that creates value with data such managing attendance, filling forms, proving activities and transferring verified information.
61. The communities, badges, offers and quests may be advertised on various social media platforms including, but not limited to, Instagram, Facebook and/or LinkedIn (the “Platforms”) but are in no way sponsored, endorsed, administered by or associated with these Platforms or any of the Retailers referenced. By creating communities, badges, offers and quests you release the Platforms from any responsibility. You understand that you are providing information to us and not the Platforms and that the Platforms have no liability for any element of these badges. By submitting your information and creating an account on any of the Platforms, you agree to the relevant Platform’s terms of use and privacy notice.
62. We source much of the information provided through the CheckD Products from third parties, so we cannot guarantee that this information is complete, accurate, up to date, free of errors or based on factual and verified information and statistics.
63. We make the CheckD Products available on an ‘as is’ basis, for information only and, to the fullest extent permitted under applicable law, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement.
64. The CheckD Products are provided for general information, business, government, community and entertainment purposes only. Information obtained from, and recommendations given by, the CheckD Products do not constitute information or advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from, or recommendations given by, the CheckD Products. The CheckD Products have not been developed to meet your individual requirements and we do not warrant that they will do so.
65. Where the CheckD Products contain links to other applications, websites and resources not provided by us, or advertise third party products or services, those resources and products/services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use those independent resources or buy those independent products/services.
66. We may need to make changes from time to time.
Changes to these Terms.
67. We may need to change these Terms to, among other things, reflect changes in law or best practice.
68. We will give you at least 30 days notice of any change to these Terms by sending a message to your Account (the “Change Notice”). You will see the Change Notice when you next access your Account via the App or the Site, so you must regularly check your Account for Change Notices and other messages.
69. If you wish to reject the notified changes to these Terms, you must explain this clearly to us in writing via email to contact@checkd.io within 30 days of the date of the Change Notice and, as a result: (i) your access to your Account via the App will be terminated; and (ii) we will no longer be able to provide you with the Services
70. From time to time we may add new services or functionality to the Services, and increase or vary the ways in which you can use CheckD.
System updates.
71. From time to time we may automatically update and change the CheckD Products to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
72. If you choose not to install recommended updates or if you opt out of automatic updates you may not be able to continue using the CheckD Products.
Breaking up is hard to do (how you and we can end our relationship).
73. You understand and agree that we will monitor your usage of the CheckD Products to allow us to determine whether a violation of these Terms has, or is, occurring. We may terminate your right to use the CheckD Products and delete your Account at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
74. If we terminate your rights to use the CheckD Products and delete your access to your Account, then you must: (i) stop all activities authorised by these Terms, including your use of the CheckD Products; and (ii) delete or remove the CheckD Products from all devices in your possession; and (iii) immediately destroy all copies of the CheckD Products which you have and confirm to us that you have done this.
75. You may choose to cease using one or more, or all, CheckD Products at any time and for any reason whilst keeping your Account open. You do not need to notify us of your intention to do so.
76. You may choose to delete your Account at any time and for any reason, either on the App (if you have signed up to the App, and the App is available at the relevant time) or by contacting us at contact@checkd.io. If you do so: (i) your access to your Account via the App will be terminated immediately; and (ii) we will no longer be able to provide you with the Services.
77. We have the right to suspend or disable your Account for any reason, including security reasons, or if you are in breach of the provisions of these Terms.
78. The CheckD Products are for domestic and private use by consumers only. We have no liability to you if you use the CheckD Products wholly or mainly for the purposes of your trade, business, craft or profession (including liability for any loss of profit, loss of business, business interruption, or loss of business opportunity) other than for liability that cannot be excluded under applicable law.
79. Please back-up content and data used with the CheckD Products. We recommend that you back up any content and data used in connection with the CheckD Products, to protect yourself in case of problems with the CheckD Products.
80.Check that the CheckD Products are suitable for you. Please check that their facilities and functions (as described on the Site and the App) meet your requirements.
81. We are not responsible for events outside our control or for the failure of any Dependencies (defined below). If our provision of CheckD Services is delayed by an event outside our control or the failure of a Dependency then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. “Dependencies” means: (i) the provision of certain information by you so we can supply the CheckD Products to you (e.g. a valid email address); (ii) the accuracy of both the information you provide to us and information originating from third parties; (iii) the satisfactory performance of third party software and systems; and (iv) our, and your, Internet connection and system capabilities.
Last, but not least (other important legal bits).
82. Whole agreement. Subject to any terms implied by law in respect of consumers, these Terms represent the entire agreement and understanding between us regarding your use of the CheckD Products, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter.
83. Terms that continue after termination. Provisions of these Terms that expressly or by their inherent nature should survive termination or expiry of these Terms will survive termination or expiry.
84. No agency, etc. Nothing in these Terms creates any agency, partnership, joint venture, employment or franchisee relationship between you and us.
85. We may transfer this contract to someone else. We may transfer our rights and obligations under the Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
86. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Terms to another person if we agree to this in writing.
87. Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms.
88. If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
89. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
90. Which laws apply to this contract and where you may bring legal proceedings. These Terms, their subject matter and their formation are governed by US law. You and we both agree that the courts of United States of America will have exclusive jurisdiction.