These General Terms and Conditions (hereinafter referred to as the “T”) establish the terms of an agreement between, on the one hand,

The company COMECT SAS (also referred to as the “Company” or “we” or “myDid” in this policy), a simplified joint-stock company with its registered office at 8 chemin des Floralies 13090 Aix-en-Provence, registered under RCS number 983871807 of Aix-en-Provence, (hereinafter referred to as “myDid” or the “Company”), duly represented for the purposes hereof by its legal representative, and, on the other hand, a natural or legal person (hereinafter referred to as the “User”), acting as a professional or consumer, who (i) visits or uses the myDid platform, available as websites and a mobile application (the “Platform”), and (ii) uses the Services offered therein.

For additional information about the Company, the User is invited to consult the legal notices.

The Company and the User are hereinafter individually referred to as a “Party” and collectively referred to as the “Parties”.

1. Definitions

• DID: Refers to Decentralized Identifiers, which are a type of identifier that enables a verifiable and decentralized digital identity.
• myDid Application: The mobile application intended for users allows them to control their personal information, while offering features for storing and exchanging verifiable credentials (DID) within a community.
• Verified credentials (VC): Refers to a verifiable credential (VC), which is a set of tamper-proof claims and metadata that cryptographically prove who issued it.
• Verified Presentation (VP): Refers to a verifiable presentation (VP), a container for multiple verifiable credentials or related data formats.
• Badge: Refers to a verifiable credential (VC) in the form of a card containing an image and metadata. It can be received, distributed, and shared.
• Community Badge: Refers to a verifiable credential (VC) in the form of a badge available to community members that can be exchanged and shared among themselves, thereby strengthening engagement and collaboration within the community.
• Certified Badge: Refers to a verifiable credential (VC) in the form of a badge representing a form of approval or endorsement.
• Participation Badge: Refers to a verifiable credential (VC) in the form of a badge attesting to participation in an event.
• Role Badge: Refers to a verifiable credential (VC) in the form of an additional badge to the Membership Card describing a role within the community.
• Membership Card: Refers to a virtual membership card for a community, providing access to all Community Badges and relevant information for that community.
• Community Studio: Refers to the Platform’s community administration interface. It is primarily used for the creation of verifiable credentials (VC) for Managers, Badge issuers, and community managers.
• The Community Studio allows for the creation and management of Badges for community members and mobile application users.
• Manager: Refers to the community manager who administers the Community Studio; they are the primary creator and distributor of Badges within their community.
• Badge Checker: Refers to an interface for detailed verification and consultation of the metadata of one or more myDid verifiable credentials (VC).
• Template: Refers to templates available in the Community Studio allowing for the creation of Membership Cards and Badges from elements present in the application’s integrated library.
• Wallet Connect: WalletConnect is a protocol that allows connection and interaction with the Company’s Application and Sites. By scanning a QR code, the User accesses their Personal Space and confirms various actions.
• Platform: Refers to the website accessible at the URL https://mydid.com/ (hereinafter the “Site”) of the Company and its mobile application (hereinafter the “Application”).
• Company Content: Refers to the content available on the Platform written by the Company, for which it is responsible as publisher.
• User Content: Refers to the content available on the Platform, hosted by the Company and written by Users.
• Personal Space: Refers to the User’s personal space (or account) on the Platform, accessible by the User via the Platform through the use of their Identifiers (list of words) and Wallet Connect.
• FAQ: Refers to the support information written by the Company available on the Platform, aimed at explaining its operation and the Services available on the Platform.
• Services: Refers to all services offered by the Company to Users via the Platform, and as defined in the article “Description of Services”. The Services are an integral part of the Platform.
• Smart contracts: Refers to smart contracts or applications enabling the automated execution of contracts on the blockchain. They allow for the management of DIDs for Managers, the storage of Badge Templates, and ensure the timestamping of verifiable credentials (VC) from associated cryptographic traces.
• EVM Blockchain (Ethereum Virtual Machine): Refers to a technology for storing and transmitting information, which is transparent, secure, and operates without a central control body, capable of executing smart contracts and transactions using the same computing mechanism and programming language as Ethereum.
• User: Refers to any person using the mobile application, the Site, or the Community Studio, including Managers and community members.
  
  

2. Purpose

The Company designed the Platform with the aim of presenting the Services it offers, with a particular emphasis on the ability to receive, share, create, and manage verifiable credentials (VC), primarily in the form of Badges. It also offers Users the opportunity to discover, appreciate, share, discuss, follow, and promote its activity within a community.

The Platform also aims to provide Users with information to explore the Company’s activities, its news, as well as potential tutorials to guide them in using the Platform. Furthermore, it offers features and/or information allowing Users to contact the Company.

The purpose of these General Terms and Conditions is to define the conditions for accessing the Platform, as well as the conditions for its use, the online content offered therein, and its functionalities. They also aim to govern the provision of Services to the User in exchange for the User’s compliance with the obligations and guarantees stipulated in these General Terms and Conditions.

It should be noted that these General Terms and Conditions constitute the sole contractual documents enforceable against the Company, excluding any other document (prospectus, summary information document, video materials, presentation of Services, information, etc.) which are for indicative and non-contractual value only. Furthermore, they exclude any other potential terms of service from the User, which cannot in any way be invoked against the Company.

3. Acceptance and Enforceability of the T

Any User accessing the Platform is required to read these General Terms and Conditions (T) and must comply with their terms.

These T are formally accepted by the User upon the creation of their Personal Space.

The Company reserves the right to adapt or modify these T at any time and without prior notice. Any new version published online supersedes any previous version, particularly those printed or saved in digital or paper format by the User. The User is therefore invited to regularly consult these T The applicable version of the T is the one accessible online during the User’s visit and use of the Platform.

In any event, a User with a Personal Space will be informed of the entry into force of new T by email to the address provided during the creation of their Personal Space and invited to review them. The performance of Operations, connection to their Personal Space, and/or use of the Platform and/or Services constitutes acceptance of the T in force.

Thus, for each Operation performed or Service used, the T in force on the date of the Operation or use of the Service are applicable to the User. The User is recommended to save the T in force on the day of using each Service and/or performing each Operation, notwithstanding the archiving rules implemented by the Company.

A User who does not wish to accept the new T has the option to terminate the T and delete their Personal Space, in accordance with the conditions set forth below.

The User declares and acknowledges being of legal age (at least 18 years old) and having full legal capacity to enter into these T

These T are concluded for an indefinite period.

The User acknowledges having read and understood the nature, purpose, and characteristics of the Platform and the Services, as well as the prerequisites for their use, particularly the conditions related to the creation of a Personal Space. They acknowledge having requested and obtained all desired information, both quantitative and qualitative, related to the Services, allowing them to assess the suitability of the Services for their needs and to enter into the T with full knowledge of the facts. The User is solely responsible for the choice to use the Platform and the Services, as well as to perform Operations, so the Company’s liability cannot be sought in this regard under any circumstances.

3.1 Services Accessible Without Creating a Personal Space

The homepage https://mydid.com as well as certain pages of the Platform are open to all internet users. These pages are designed to provide users with information to discover the Company’s activities, its news (events, publications, etc.), as well as tutorials aimed at guiding them in using the Platform and the Services. The Platform also offers features and/or information allowing users to contact the Company.

However, access to certain pages of the Platform and certain services is reserved for users who have previously created their Personal Space.

The Company also manages pages dedicated to presenting its activities, allowing it to publish content on social networks and interact with internet users, particularly on platforms such as Instagram, Twitter, YouTube, Pinterest, LinkedIn, Discord, Telegram, etc.

3.2 Services Accessible Subject to the Creation of a Personal Space

Access to the benefits and use of the services described below require the User to create a Personal Space, in accordance, in particular, with the provisions of the article “Creation of a Personal Space” of these T

3.2.1 Access to and Use of a Personal Space

Once on the Platform and after creating their Personal Space according to the terms of the article “Creation of a Personal Space”, the User has access to their Personal Space.

The Personal Space allows for the updating of certain User information, the use of services accessible subject to the creation of a Personal Space, and secure access to the User’s personal homepage.

The User can benefit from the services offered by the Company via the Site on their computer or through the Mobile Application.

3.2.2 Access to and Use of the Platform

The Platform offers the User the possibility to issue, receive, share, create, or store verifiable credentials (DIDs), in the form of Badges or other formats.

3.3 New Services

The Company reserves the right to expand its range of services by introducing new services on the Platform, whether accessible to any User or exclusively via the User’s Personal Space. These new services are considered an integral part of the Services, as defined in the “Definitions” article herein, and will be governed by these T Unless otherwise indicated, the new Services will be usable by the User upon their effective availability on the Platform, subject, where applicable, to the prior creation of a Personal Space by the User.

3.4 Evolution of Services

The Company reserves the right, at any time and without prior notice, to evolve, improve, or adapt the Platform, the Services, as well as the services or features offered, with the aim of improving, for example, the functionalities offered on the Platform or within the scope of the Services. This evolution may include the deployment of updates, new versions, new services or features, or even the deletion of existing Services. In the event of the definitive deletion of an existing Service, the Company will endeavor to notify Users of this evolution with reasonable notice and offer them alternative solutions. In the event of the definitive deletion of all Services, the Company would proceed with termination in accordance with the conditions stipulated in the “Termination – Cancellation” article.

Furthermore, the Company may supplement or modify, at any time and without prior notice, the Platform, the content of the Platform, and the available Services, particularly in response to technological developments. The User must, where applicable, ensure that their IT resources are adapted to the evolutions of the Platform and the Services.

3.5 Support

The Company provides the User with technical support to provide information or technical assistance regarding the technical aspects and functionalities of the Platform and the Services.

The User remains solely responsible for their choices, particularly concerning the use of the Services. Technical support does not intervene in requests related to the advisability of using the Services.

This support is accessible via the support links and the knowledge base (FAQ) in the dedicated section of the Platform, 7 days a week and 24 hours a day. The Company undertakes to respond to the User’s request as quickly as possible and in an appropriate manner. However, the Company does not guarantee any response time, nor the relevance or completeness of the response content, nor that the provided response will effectively resolve the User’s request or provide a solution.

4. Terms of Use for the Platform and Services

4.1 Access to the Platform and Services

The User certifies possessing the technical skills necessary for using the Platform and the Services, and acknowledges having verified that the computer configuration used is in perfect working order. They assume full responsibility for the proper functioning of their IT equipment and their internet access.

All costs related to accessing the Platform and the Services, whether hardware, software, or internet access fees, are exclusively borne by the User.

The User undertakes to use the functionalities of the Platform, the Services, and all content to which they may have access only in compliance with the regulations in force, particularly public order, morality, and the rights of third parties. The Company cannot be held responsible for the User’s use of the Platform and the Services, particularly in the event of non-compliance with the provisions applicable to that User.

Furthermore, the User acknowledges the need to use the Platform and the Services fairly, without harming the brand image, reputation, or renown of the Company or its partners, in any way whatsoever.

4.2 Content Quality

4.2.1 Company Content

The Company assumes responsibility for the Content it develops, such as information, FAQs, documents, etc., in various forms, including texts, figures, images, etc., as the publisher of the Platform.

The Services presented on the Platform may be subject to restrictions in certain countries or for certain individuals. Any User must first verify with their usual advisors whether they are authorized to consult the Platform, use it, and utilize the Services offered by the Company, considering their status.

The Company’s Content is provided and disseminated on the Platform for informational purposes only. Despite the care taken in its development and updating, this content is provided ‘as is’, as general information, and the Company cannot guarantee its accuracy, timeliness, relevance, currency, completeness, or suitability for the User’s needs.

Consequently, the Company’s Content on the Platform should not be considered authoritative, should not substitute the User’s personal judgment, and cannot constitute the sole basis for decision-making.

4.2.2 User Content

The Company allows Users to publish User Content, such as badges, messages, referring to the definition of User Content.

The User is responsible for the User Content they publish on the Platform and retains all related rights.

The User is responsible for the use of the Services and any User Content they provide, guaranteeing its compliance with applicable laws and regulations. Any User Content is the sole responsibility of the User who created or disseminated it.

The User is prohibited from providing or disseminating User Content that is offensive, harmful, misleading, inaccurate, inappropriate, unsuitable, or constitutes clearly wrongful acts (insults, threats, violence, etc.).

The Company does not necessarily monitor all Content published via the Services and assumes no responsibility for it.

The Company reserves the right to delete any User Content violating a provision of these GTC, particularly if it constitutes copyright infringement, an infringement of intellectual or industrial property rights, identity theft, unlawful conduct, harassment, etc.

If a User believes their User Content has been copied and constitutes copyright infringement, or if they notice the presence of inaccurate User Content or content likely to infringe upon the rights of a third party or violate a regulatory or legislative provision, they are invited to report it via the contact forms on the Sites and application.

4.3 Link

Users may not establish a link (including redirects) to the Platform without the Company’s express prior authorization. Any authorization request must be submitted via the contact forms. In no case shall this authorization be considered an implicit affiliation agreement. In all cases, links to the Platform must be removed upon the Company’s first request.

The Company reserves the right to establish links on the Platform providing access to websites, web pages, or applications other than those of the Platform, as well as to redirect the User to other websites, web pages, or applications. Users are expressly informed that the websites, web pages, or applications accessible via these links do not belong to the Company, which reserves the right to remove links offered by the Platform to a third-party application or website in case of non-compliance with applicable regulations or the Company’s values. The Company cannot be held responsible for Users’ access via links established on the Platform to third-party sites or other resources present on the Internet, nor for the content of information provided by these third-party sites or other resources when these links are activated.

5. Availability of the Platform and Services

The Company undertakes to provide a quality service and to allow the User to use the Platform and Services under the best possible conditions. In principle, the Platform and Services are available 7 days a week, 24 hours a day. However, the Company is subject only to an obligation of means and not an obligation of result. It guarantees neither the availability, optimal functioning, or speed of the Platform and Services, nor their permanent and continuous accessibility.

The User is informed and accepts that access to the Platform and/or Services may be delayed, impaired, prevented, or interrupted due to, in particular, the following situations:

• Technical hazards inherent to the internet, including bandwidth fluctuations and the hazards of the Company’s internet service provider, its partners, as well as their updates and technical hazards;
• Force majeure events;
• User’s use of the Platform or Services not in compliance with the GTC or the specifications appearing on the Platform;
• Unavailability or hazards related to access to the telephone network, the internet network, or any other network by the Company or by the User;
• Inaccessibility or difficulties encountered in accessing data hosted by third parties for reasons not attributable to the Company;
• Problem or difficulty, particularly technical, related to the functioning of a Blockchain;
• Unavailability or hazards related to access to computer systems, applications, websites, or partners used by the Company for the provision of Services;
  Loss by the User of the private keys to their access, over which the Company exercises no control and assumes no responsibility;
• Unlawful, malicious, or unfortunate act, including actions by cybercriminals or hackers, logical attacks, computer viruses, malicious programs, having as their object or effect an attack on the computer systems, applications, websites, or platforms of the User, the company, or its partners.

Furthermore, the Company reserves the right to close access to all or part of the Platform and/or to suspend the execution or provision of all or part of the Services in the event of the aforementioned hypotheses or in case of endangerment or threats to its human or technical resources.

For scheduled maintenance operations, the Company will endeavor to inform the User beforehand. However, the Platform may be temporarily closed without prior notice or compensation, and access or functionalities of the Platform or Services may be limited to perform technical, operational, or other interventions necessary for their proper functioning, an update, the deployment of a new version, or any other operation deemed necessary by the Company, which the User accepts.

The Company’s liability cannot be engaged in case of failure or interruption of the Platform and/or Services related to one of the cases set forth in this article ‘Availability of the Platform and Services’.

6. Terms of Use for the Personal Account

6.1 Technical Conditions of the Platform and Services

The User must be equipped with appropriate telecommunication means allowing them to access the Platform, their Personal Account, and the Services. They guarantee that the hardware and software elements used for this access, as well as their use, are in good working order.

It is the User’s responsibility to take the necessary measures to ensure the security of their devices, data, content, and software, protecting them from any contamination by viruses, malicious code, or other harmful technologies. The User undertakes not to introduce such elements into the Platform.

The User undertakes not to disrupt the proper functioning of the Platform or Services, nor to compromise the computer security of the Platform, the computer system of other users, the Company, or its partners. This includes the prohibition of using devices or software likely to disrupt, interfere with, or interrupt the normal operation of the Platform, or to impose a disproportionate load on it in terms of hosting volume or bandwidth.

The User is also prohibited from extracting, for unauthorized purposes, all or part of the information or data from the Platform, as well as from using automated means such as robots, crawlers, spiders, scripts, programs, or applications to extract or index the content of the Platform. Downloading, collecting, copying, altering, modifying, deleting, distributing, transmitting, disseminating, renting, selling, licensing, or exploiting the content of the Platform is strictly prohibited without the Company’s express, prior, and written consent.

The Platform and Personal Accounts are automated data processing systems, and the User is prohibited from fraudulently accessing all or part of the Platform or a Personal Account that does not belong to them. The use of an access method other than that provided by the Company is prohibited. Should such a method be discovered or if the User fraudulently accesses a reserved area, they undertake to immediately inform the Company via a contact form available on the Sites and applications.

The Company reserves the right to take any necessary action to prevent, stop, and penalize any infringement of the Platform, its content, a Personal Account, as well as the Services, including through legal proceedings, without prior notice. The User is solely responsible to the Company, or its partners, for damages resulting from access to the Platform, their Personal Account, and the Services, as well as their use.

Any breach of the provisions of this article constitutes a serious breach likely to result in the immediate termination of the GTC at the User’s sole fault and the permanent prohibition from accessing and using the Platform and Services.

6.2 Conditions for Creating a Personal Account

A Personal Account is exclusively assigned to one person, whether a natural or legal entity, and each person, natural or legal, may only hold one Personal Account.

Any person, whether natural or legal, wishing to open a Personal Account must possess full legal capacity for this purpose and be able to commit in accordance with these General Terms and Conditions. In the event of a legal entity being represented by a natural person, the latter guarantees to hold all necessary rights and authorizations to validly bind said legal entity.

Furthermore, opening a Personal Account by a natural person requires having reached the age of 18 years. It is the User’s responsibility to ensure compliance with these conditions.

The content of the mentioned section, as well as the eligibility conditions or restrictions for creating a Personal Account, are subject to change at any time, without prior notice, at the Company’s discretion. These modifications may occur, among other reasons, to comply with legislative or regulatory obligations. The Company disclaims all responsibility for the consequences of new restrictions, such as the refusal to create a Personal Account, the suspension, or even the closure or deletion of the User’s Personal Account, in connection with the country of residence, nationality, or any other specific condition resulting from legislative or regulatory obligations.

6.3 Confidentiality and Security of Credentials and Personal Account Data

The creation of a Personal Account implies that the User activates Wallet Connect and preserves a list of words (seed phrase) that are personal, unique, and necessary for them to access their Personal Account or recover their preferences and verifiable credentials (VCs), badges, etc.

The User is solely responsible for preserving the confidentiality of their strictly personal Credentials and undertakes to take all necessary measures to ensure this confidentiality. They must maintain their confidentiality and protect them against any unauthorized access or disclosure to third parties. The User is also responsible for the strictly personal use of their Credentials and indemnifies the Company in this regard.

In case of loss, password theft, or unauthorized access to their Personal Account, the User shall immediately inform the Company by email via the contact forms. The User shall follow the instructions provided by the Company, particularly to assist them in their process. The recovery of the User’s Personal Account will require the User to provide additional information and/or documents to confirm their identity and the legitimacy of their request. The Company cannot be held responsible if the User fails to provide the required information and/or documents.

The User is informed that logging in or accessing their Personal Account with their Credentials constitutes, between the Parties, proof of their authentication, identification, and identity.

The Company makes its best efforts to ensure the security of access to the Services, particularly to the User’s Personal Account, to prevent any unauthorized access.

6.4 Suspension of the Personal Account

Notwithstanding the provisions set forth above, the Company retains the right to suspend access to the User’s Personal Account and to automatically and without prior notice suspend the total or partial provision of the Services, in case of a User’s breach of their obligations or commitments under these GTC, or if the Company believes there are sufficient grounds to suggest that the User may contravene their obligations and commitments under these GTC.

Furthermore, such a suspension may occur in the following cases, including:

• Violation of these GTC;
• Detection of unusual or suspicious activities on the User’s Personal Account;
• Detection, suspicion, or reporting of unauthorized access to the User’s Personal Account;
• Reasonable suspicion of using the Platform and/or Services in connection with illicit or fraudulent activities;
• Request to that effect from a competent authority (request, court decision, decision or request from an administrative or judicial authority, ongoing investigation, etc.);
• Failure by the User to provide additional information or documents requested by the Company;
• Provision and/or dissemination by the User of User Content that may be qualified as offensive, malicious, misleading, inaccurate, inappropriate, unsuitable, or constituting clearly wrongful acts by the User (insults, threats, violence, etc.).

The suspension of the Personal Account implies the User’s inability to log in and/or benefit from the Services or use the Services requiring a connection to the Personal Account.

To the extent possible, the Company undertakes to inform the User of this suspension without delay and to indicate the reasons for this decision. Unless prohibited by a competent authority or by applicable legal provisions, the Company will notify the User, by email to the address provided in their Personal Account, of a period within which they must remedy the causes of this suspension (for example, regularization actions in case of violation of the User’s obligations under these GTC or communication of information and/or documents for analysis by the Company).

Unless otherwise indicated, this period is set at 7 (seven) days. If the User fails to comply with the Company’s requests within the communicated period, the Company reserves the right to permanently close the User’s Personal Account for fault and to terminate these GTC in accordance with the conditions set forth in the article ‘Denunciation – Termination of these Terms’.

6.5 Closure and Deletion of the Personal Account

6.5.1 General Principles

The User may request the closure and deletion of their Personal Account by submitting a request via email through the contact forms on the Sites and applications.

The closure and deletion of the Personal Account by the Company occur automatically within a period of three (3) years from the User’s last login to their Personal Account. Furthermore, the Company will proceed with the closure and deletion of the User’s Personal Account in case of termination of these GTC.

Unless otherwise specified in these Terms and Conditions, the closure of the User Account implies the User’s inability to log in and/or benefit from the Services or use Services requiring a connection to the User Account, as well as the deletion of the said User Account.

It is important to emphasize that the User is solely responsible for the preservation and backup of information and documents transmitted by or to the Company, as well as those recorded or stored in the User Account. The Company does not provide any preservation, backup, or third-party archiving services in this respect.

The closure and deletion of a User Account, regardless of the reason or initiator, do not entitle the User to any compensation.

6.5.2 Specific Situations

In the event of the User’s death, the Company may transfer the User Account to the legal heirs upon their specific and explicit request, accompanied by the necessary supporting documents. This transfer is subject to the payment of specific fees, the amount of which will be communicated by the Company in advance.

7. Respective Obligations of the Parties

7.1 Company’s Obligations

The Company agrees to comply with the terms and conditions set forth in these Terms and Conditions. The Company makes the Services available to the User, including access to the Platform, and is therefore subject to an obligation of means.

More specifically, the Company endeavors to maintain accessibility to the Platform and Services, in accordance with the definition set forth in the article ‘Terms of Use of the Platform and Services’ herein.

7.2 User’s Obligations

The User is required to strictly comply with the terms and conditions set forth in these Terms and Conditions. They assume full responsibility for their use of the Platform, their User Account, and the Services, as well as for the actions and deeds of individuals to whom they have granted authorization to access their User Account.

8. Liability

The User assumes responsibility for their obligations under these Terms and Conditions in accordance with the rules of common law.

The Company’s commitment is exclusively limited to the provision of the Services in accordance with the provisions of these Terms and Conditions, subject to all stated conditions, particularly in the case of services provided by a Company partner. The Company’s liability is strictly limited to this aspect.

In addition to the cases specified in these Terms and Conditions where the Company’s liability cannot be invoked, the Parties agree that:

The Company is in no way responsible for damages suffered by the User resulting from the Company’s non-performance of its obligations, arising from a force majeure event or the act of a third party.
The Company is not liable for abnormal, fraudulent, or unlawful use of the Platform or Services by the User, including use that does not comply with these Terms and Conditions.
The Company bears no responsibility for the operation or malfunction of the User’s computer equipment, nor for their access to the Internet or any network.
The Company is not liable for User’s fault or damage resulting from their lack of diligence or vigilance, nor for any consequences or damages that may result therefrom to anyone.
The Company is not liable for the forgetting or loss of Login Credentials and their word list (seed phrase), the leakage or theft of these Credentials, or other forms of hacking of the User Account.
The Company is not liable for non-compliance with the legislation of the country in which the Services are accessible, and the User is solely responsible for verifying the compliance of the Services with the applicable legislation in their country.

The Company cannot be held liable for:

The temporary or permanent unavailability of access to all or part of the Platform or Services, nor for the consequences resulting from such unavailability.
Interruptions in the use of the Platform and Services, whether voluntary or not, as well as any consequences or damages that may result therefrom.

These provisions include, among others, maintenance operations, telecommunications equipment failures, technical or functional changes to the Platform or Services, as well as failures or interruptions related to the article ‘Availability of the Platform and Services’.

To invoke the Company’s liability, the User must inform the Company of any claim or breach related to its obligations under these Terms and Conditions as soon as they become aware of it.

The provisions of this Liability article will remain in force after the termination of these Terms and Conditions, regardless of the reason, until their specific purpose is achieved.

9. Notice of Termination – Termination

9.1 Notice of Termination

The User may terminate these Terms and Conditions at any time and without notice, provided they delete their User Account in accordance with the terms set forth in the article ‘Closure and Deletion of the User Account’.

The Company is entitled to terminate these Terms and Conditions under the following conditions, without the User being able to claim any prejudice in this regard:

Should a law, regulation, or decision by a competent authority render the maintenance of all or part of the Terms and Conditions (and thus the Services) impossible, or if the Company deems that the maintenance of all or part of the Terms and Conditions (and thus the Services) has become impossible, the Company may terminate all or part of the Terms and Conditions with thirty (30) days’ notice, unless legally or regulatorily impossible to comply with this period.
In the event of a technical or security issue affecting the Platform and/or the provision of the Services, the Company may terminate the Terms and Conditions with thirty (30) days’ notice, or immediately without notice if circumstances do not allow for such a period.
For convenience, the Company may terminate the Terms and Conditions with reasonable notice, ranging from thirty (30) to sixty (60) days.

Unless otherwise specified in this article, any termination initiated by the Company shall be preceded by an email sent to the address provided by the User in their User Account. This email will inform the User of the termination and the date on which it will take effect, in accordance with the periods and notice mentioned herein. In the absence of a notice obligation for the Company, this email will be concurrent with the termination.

9.2 Termination

The termination of the Terms and Conditions may be initiated by the Company in the following cases, without prejudice to any damages that may be claimed from the User:

In the event of the User’s breach of any of their obligations defined under these Terms and Conditions, particularly those set forth in articles such as ‘Description of Services’, ‘Terms of Use of the Platform and Services’, ‘Terms of Use of the User Account’, ‘Financial Conditions’, and ‘Respective Obligations of the Parties’, seven (7) days after notification of a formal notice that has remained without effect.
In the event of the User’s non-compliance with the Company’s requests within the period communicated by the latter in the cases referred to in the article ‘Suspension of the User Account’, seven (7) days after notification of an unsuccessful formal notice.
In the event of a serious breach by the User, entitling the Company to terminate the Terms and Conditions without notice. In this situation, the Company may terminate these Terms and Conditions by simple notification via email to the address provided by the User in their User Account. Examples of serious breaches include registration in another person’s name, providing false information, unlawful use of the Platform and/or Services.
Formal notices are sent by the Company via email to the address provided by the User in their User Account, and refer to this article. The Company then informs the User of the effective termination of the Terms and Conditions by the same means. Even in the absence of a prior formal notice obligation for the Company, an email will still be sent to the User to inform them of the termination of the Terms and Conditions.

9.3 Consequences

In the event of termination or notice of termination of the Terms and Conditions in accordance with the article ‘Notice of Termination – Termination’, the Company will proceed with the closure and deletion of the User’s Account according to the provisions of the article ‘Closure and Deletion of the User Account’ of these Terms and Conditions.

Clauses which, by their nature or purpose, must survive the termination of the Terms and Conditions, will remain in force after termination or notice of termination and will remain applicable until their respective purpose is achieved, unless otherwise specified in the Terms and Conditions.

10. Personal Data and Cookies

The Platform may implement personal data processing. To learn more about how the Company manages this data, please consult the Privacy Policy.

When you visit the Platform, cookies, as well as other trackers or similar technologies, may be installed and/or read in your browser or terminal device. For detailed information on the Company’s cookie management, please consult the Cookie Policy.

11. Intellectual Property

11.1 General Provisions

The Platform as a whole, as well as each individual element comprising it, such as programs, developments, structure, and content including data, texts, still or animated images, logotypes, sounds, graphics, photographs, files, are the exclusive property of the Company or of third parties who have assigned or granted the Company the right to exploit them.

Any total or partial reproduction of the Platform or any of its elements without the express authorization of the Company is strictly prohibited and would constitute an infringement punishable by intellectual property law, as well as an act of unfair competition or free-riding. In the event of authorization granted by the Company, any representation or reproduction must include the mention « Copyright [Current Year] myDid – all rights reserved ».

The databases present on the Platform are protected by intellectual property law, and any substantial extraction or reuse of the content of these databases is punishable.

The trademarks and logotypes present on the Platform are trademarks registered by the Company or by third parties. Any unauthorized reproduction, imitation, or use of these distinctive signs engages the liability of the perpetrator.

Other distinctive signs such as corporate names, trade names, brand names, domain names present on the Platform are the property of the Company or third parties. Any unauthorized reproduction of these elements may constitute usurpation engaging the liability of the perpetrator.

11.2 User Warranties

By using the Platform, the User declares and warrants that they have the necessary rights to make available, use, or exploit the badges on the Platform. They specifically warrant to the Company that the Badges, particularly the images, do not infringe upon privacy, human dignity, or any third-party intellectual property rights.

The User undertakes to indemnify the Company against any third-party action resulting from the use of the badges, including actions for infringement, unfair competition, and/or free-riding. This indemnification covers all costs, expenses, including court costs and attorney fees, as well as the amount of transactional indemnities and/or damages that may be claimed from the Company.

By creating User Content other than badges on the Platform, the User grants the Company and all its Users a free, non-exclusive, worldwide license valid for 70 years on any medium. This license allows other Users to reproduce and share the User Content on the Platform, and allows the Company to use the User Content for the purpose of providing the Platform’s Services, as well as for marketing, communication, or commercial promotion activities.

12. Agreement on Evidence

12.1 Digital Records

The User acknowledges that the Platform and the tools deployed thereon, particularly within their User Account and the Services, ensure the traceability of specific actions and operations such as completed Operations or the acceptance of the Terms and Conditions. These traceability procedures generate computer traces, also known as event logs (hereinafter referred to as “Digital Records”).

The Digital Records, generated by the Platform and their potential reproduction on paper or electronic media, constitute proof of the use of the Platform, the User Account, and the Services. They specifically attest to the completion of an Operation, the publication of content, the input of information, the delivery of information, or a consent/acceptance.

12.2 Electronic Documents

The User expressly acknowledges that exchanges with the Company may occur through various means, including by email to the address mentioned in the User Account, within the User’s correspondence, or through all documents and electronic writings resulting from the use of the Services, including the Digital Records. These electronic writings, accepted or electronically signed, are hereinafter referred to as the Electronic Documents.

The Electronic Documents have probative value and can validly prove a fact or the content of exchanges. Any computer and/or electronic document originating from the Company, the Platform, the User Account, or the use of the Services constitutes proof between the Parties.

The User also acknowledges that the Electronic Documents:

Are original documents between the Parties.
Constitute proof of the medium and content they represent.
Justify the consequences and operations resulting therefrom.
Attest to the dates and times associated with the Electronic Document.
Are admissible as evidence before competent courts.

In any event, the User expressly waives the right to contest the nullity, non-application, lack of probative legal value, or unenforceability of the Electronic Documents on the grounds that they originate from the Company, the use of the Platform, the User Account, the Services, or the Digital Records, or that they are in electronic form.

The User’s failure to manage delegations of authority cannot be invoked against the Company to challenge the legal value of the Electronic Document.

13. Miscellaneous

13.1. Force Majeure

Neither the User nor the Company shall be held liable for the non-performance of their obligations under these Terms and Conditions resulting from a force majeure event within the meaning of Article 1218 of the Civil Code. All events customarily recognized as such by the jurisprudence of courts and tribunals, particularly by the jurisprudence of the Court of Cassation, are explicitly considered force majeure events.

This includes, among others, the theft of Digital Assets, power outages, disruptions of communication networks, cyberattacks, adverse weather conditions, natural disasters, acts of terrorism, war, riot, fire, strikes, legal or governmental restrictions, epidemics, pandemics, illnesses affecting more than 10% of the Company’s personnel over a period of two consecutive months, and other events preventing the normal performance of obligations under the Terms and Conditions.

13.2 Non-Waiver

The fact that one of the Parties tolerates a situation, such as not availing itself of certain stipulations of the Terms and Conditions, does not modify the Terms and Conditions and does not grant the other Party acquired rights. Such tolerance, even if repeated, constitutes neither a waiver of the rights in question nor an amendment to these Terms and Conditions.

13.3 Interpretation

In case of interpretation difficulties resulting from a contradiction between article titles and the articles themselves, the titles shall be considered non-existent.

13.4 Severability

If one or more stipulations of the Terms and Conditions are null, invalid, illegal, or unenforceable, the other stipulations shall remain applicable and retain their full force and effect.

13.5 Independent Contractors

The Parties act as independent contractors, each on its own behalf, and these Terms and Conditions cannot be interpreted otherwise.

13.6 Subcontracting

The Company may use subcontractors for the performance of the Terms and Conditions, while remaining responsible for such performance in accordance with the terms of the Terms and Conditions.

13.7 Assignment

The User’s Personal Account cannot be assigned. The Company may assign or transfer the Terms and Conditions or its rights and obligations without prior notice to the User.

13.8 Calendar Days

Unless otherwise specified, the deadlines and durations indicated in the Terms and Conditions are in calendar days.

14 Language – Governing Law and Jurisdiction

These Terms and Conditions are written in French. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

This Platform is governed by Swiss law. The content offered complies with current Swiss legislation. The site editor disclaims all responsibility in case of non-compliance with the legislation of the country of connection.

These Terms and Conditions, as well as the relationship between the Company and the User, are also governed by Swiss law. This applies to both substantive and procedural rules, regardless of the places of performance of substantial or ancillary obligations.

In the event of a dispute concerning the interpretation or execution of the Terms and Conditions, the parties shall endeavor to find an amicable solution. In the absence of an amicable resolution, only the Swiss courts shall have jurisdiction over disputes arising from the application of these Terms and Conditions or resulting directly or indirectly from the use of the Platform. The reference language for the settlement of any dispute is French.

By way of exception, in the event of a dispute not amicably resolved between the Company and a User, the dispute shall fall under the exclusive jurisdiction of the courts of Neuchâtel, even in the event of multiple defendants or third-party claims, including for urgent, protective, summary, or ex parte proceedings.