General Terms & Conditions

Introduction

These General Terms and Conditions ("GTC") regulate the use of the ReCheck Docs Service and software ("the Use") on behalf of consumers for non-commercial purposes ("the User"/"the Users"). The Service Provider is ReCheck OOD, a company registered in Bulgaria under company number 204305695, having its seat and management address at 41 Shesti Septemvri Str., Entr. B, town of 7012 Russe, hereinafter referred to "ReCheck", "we", "us".

By clicking the I agree/I confirm check box upon installing the ReCheck Mobile Application, the User will be bound by these GTC.

1. Definitions

"Service Provider" – ReCheck OOD;

"Digital ID" – a combination of a public and private key, encrypted with a PIN generated by the User; by entering the PIN all operations with data are verified with the private key kept on the User’s mobile device, in the storage of the browser or in any other place. The Digital ID in the ReCheck Docs environment is by default self-sovereign, which means it is not connected to your real-life ID. You may choose to connect it with your real-life ID in the manner described here;

"Public key" – a unique identifier visible for all participants in supported by ReCheck blockchain networks or ledger databases, generated by the user with the software provided by ReCheck or using the involved algorithms for identity creation of supported blockchain networks. The public key helps identify other users of ReCheck, transmit the data in between users of ReCheck Docs, verify authenticity and ensure intended transmission by confirming the Digital ID of the participants;

"Private key" – a sequence of symbols, which is secretly generated and stored on the device you use to access ReCheck’s services in the manner described in these GTC. The private key is only known to you and is used to digitally encrypt and sign electronic statements you make, data you transfer to another user of ReCheck or upload for registering in blockchain networks supported by ReCheck or other ledger databases.. The size of the key is at least 32 bytes and it uses recognized standards and algorithms for encryption;

"User" means any individual who agreeing to be bound by these GTC for their private needs/use as opposed to business/commercial needs;

"Electronic signature" means the generated symbols or other data in digital form linked to an electronically transmitted document as verification of your intent to sign the document;

"ReCheck Data Services" means the ReCheck Service Application, hosted on the ReCheck Platform and using the AWS cloud or other cloud infrastructure provider as IaaS;

"ReCheck Ecosystem" encompasses the "ReCheck Application" and all supported blockchains or ledger databases using it to transmit, store, send or receive data;

ReCheck Service Application is a cloud-based software-as-a-service ("SaaS") using distributed ledger technology ("DLT") and asymmetric cryptography to generate Digital ID and use it to store and transmit digital statements of will or value in various private or public blockchain networks which may or may not be supported by ReCheck;

"Real-life Identity" means Your Identity verified by trusted third parties of ReCheck;

"DLT" is a digital system used for the storing and recording of value or electronic statements and/or for immutable and verifiable transactions with digital or tokenised assets and/or secure and traceable exchange of electronic statements between counterparties; records of transactions and transfers are decentralised, replicated on the terminal equipment of all participants in the system at the same time and cannot be changed/deleted after recording.

The DLT used by the ReCheck Docs Service is of the blockchain type, but ReCheck reserves the right to support alternative technologies such as ledger databases;

eIDAS is the European Union Electronic Identification and Trust Services Regulation. eIDAS defines all electronic signatures, electronic seals, time stamp, electronic delivery service and warrants that in all EU member states the e-signatures and the electronic statements, subject to certain conditions been fulfilled will be treated on par with the manuscript signatures and paper-based legal statements and transactions;

Hash, hashing – encoding data into a small, fixed piece of information; every time the original document changes, the hash is also changed. The cryptographic hashing ensures integrity of the uploaded data on the ReCheck Infrastructure;

2. Service Description

2.1. The ReCheck Service Application, once installed, enables its Users to perform the following activities securely, remotely and electronically with minimum friction – collectively, “the ReCheck Services”:

Fixate statements of will;

Authenticate and timestamp documents in a trustworthy manner;

Procure all documents’ integrity after signing by hashing them and storing the hash on DLT.;

Securely send and receive documents;

Use registered delivery of receipt;

Generate evidence for all operations carried out with ReCheck Documents – signing, sending, receiving, timestamping and existence of the electronic document;

Check the status of the documents – sent/received, read/unread, signed, etc.;

All the above actions are always attached to your ReCheck account and may or may not be tied to your Real-life Identity, depending on your preferences.

2.2. ReCheck Docs Services under eIDAS

The ReCheck Docs Services electronic sign, electronic time stamp, electronic registered delivery service connected with a real-life ID are eIDAS-regulated services.

2.3. Creating User’s Digital ID

Once you download the ReCheck Docs Service Application, you are prompted to record and enter a recovery phrase, consisting of 12 words arranged in a precise order (the “Recovery Phrase”). This is the recovery phrase for your account to be used in case you forget or fail to enter your PIN more than 3 times in a row or you do not have access to the device where your Private Key is stored.

After you create your Recovery Phrase, you must enter it in ReCheck Docs Service Application and the application generates and securely sends you on your device via [] a random 8-digit PIN.

You need to enter the PIN as prompted and the application will create your unique Digital ID.

Your Digital ID is stored on your device. and is visible for all participants after sharing this Public Key. in the system.

It is used by the system to securely authenticate the executed transactions and the electronic statements/sent documents with one unique Digital ID.

You may choose to connect that Digital ID with your Real-life Identity.

You must enter your user PIN every time you open ReCheck Docs Service Application and prior to specified transactions in the application. You must never share your PIN with any third party and always keep it confidential. Failing this, we will bear no responsibility for any confidentiality or security breach of user data stored or processed on ReCheck Trusted Network.

2.4. Creating an account

To create your account on the ReCheck Platform accessible at: [URL], you need to tie the Digital ID created and stored on your device with your public key generated on your device and stored on our server after login by scanning the QR code available in the Login Section. Thereafter, each operation originating from your account will be attached to your Digital ID.

2.5. Digital ID recovery/loss

Upon installation of the ReCheck Docs Service Application you must enter in a designated manner the Recovery Phrase consisting of a sequence of words. The Recovery Phrase will help you recover your Digital ID in case of change of the device, loss of PIN, etc. If you cannot recall your Recovery Phrase for some reason, your Digital ID continues to exist while the DLT exists, but neither you, nor ReCheck or any third party has access to it.

2.6. Irreversibility of your Digital ID’s creation/the records made by you that cannot be tied to a Real-life Identity

Once created, your Digital ID cannot be deleted or destroyed either by you or by ReCheck. The digital records on blockchain or other decentralised/distributed networks made by you cannot be deleted by ReCheck on your request unless you have also chosen to tie your Digital ID to your real-life ID. In the latter case, requests for deletion are processed by ReCheck in the manner described in ReCheck Docs Services Privacy Policy.

3. Change of device

In case you wish to log in and use the ReCheck Docs Services from a new device, you need to install the ReCheck Docs Service Application first and enter your Recovery Phrase (please, see 2.5 Digital ID recovery). All your functionalities and terms remain applicable on the “as is” principle irrespective that the device has changed. You can access all your logs, records and archives in the ReCheck Platform through your device.

4. Your Acceptable Use

You are entitled to use the ReCheck Docs Service Application to obtain the ReCheck Docs Services under point 2.1 and according to the terms and conditions listed herein to upload/process legal or authorised content that is to be used for lawful purposes and for your private (non-commercial) needs. If you wish to use the ReCheck Docs Service Application for your commercial needs, you can create a separate commercial use account under the ReCheck Docs Service Commercial Use Terms and Conditions.

In return to the agreed payment (unless the use of the application is in its free-trial period) we will provide you solely for your own personal use with: (a) remote access to the Service through means we provide (and which may include online portals or interfaces such as https or API); and (b) a personal, revocable, non-exclusive, non-assignable, non-transferable license to download, install, and use the software we provide solely to operate the ReCheck Docs Services (collectively, “Use Rights”). Use Rights continue for the term of these GTC. You may not resell the ReCheck Docs Services, Use Rights or permit third parties to be Users or make copies of the Software or provide your credentials to any third party except as agreed by us in writing. We have no responsibility with respect to actions or inactions of Users, and you will be responsible for access by any party you authorise.

5. Unacceptable Use

You are not allowed to use the ReCheck Docs Services for the purposes of, or in connection with: (a) reverse engineering, making machine code human readable or creating derivative works or improvements; (b) interfering with its security or operation (including probing, scanning or testing the vulnerability of any security measures or misrepresenting transmission sources); (c) gathering intelligence for a competitive offering; (d); infringing another’s IPR; (e) employing it in hazardous environments requiring fail-safe performance where failure could lead directly or indirectly to personal injury or death or property or environmental damage; (f) infringe EU/any EU country’s regulations against hate speech, terrorist content production or distribution, terrorism financing or money laundering or otherwise undertake an action that may constitute a criminal offence or attract an administrative fine or sanction or (g) engage in any use that would reasonably be expected to cause liability or harm to the ReCheck Docs Services or any other participant in the ReCheck Ecosystem breach these GTC. In the occurrence of any of the foregoing unauthorised/unacceptable uses, you will hold ReCheck harmless for any liability that may arise for ReCheck or a third party – client.

6. Prohibited Conduct

The User is at no time allowed to do or attempt to do any of the following while using the ReCheck Docs Services:

Use any of the ReCheck Ecosystem components unlawfully;

Harass, threaten, abuse, stalk, monitor the activity of or intimidate other Users;

Impersonatе someone else and usе someone else’s account;

Spam other Users;

Disclose or hand over its credentials to third parties;

Trade in or transfer in any manner its account or require, collect or get hold of the entrance data of any other Users;

7. Wallet

Wallet functionalities will be included in the next version of the product aligned with the principles of DID according to W3C.

8. Payment

The beta version of ReCheck Docs Service Application and ReCheck Docs Services will be free of charge.

9. Data

9.1. Input Data

Ownership over Input Data

You retain all ownership or other rights over data that you or persons acting on your behalf input, upload, transfer or make available in relation to, or which is collected from your devices or equipment by the ReCheck Docs Services (“Input Data”)

Restricted access to Input Data

ReCheck Ecosystem is built around the privacy-by-design principle. All your documents are cryptographically hashed before their recording on the ReCheck Infrastructure and ReCheck has under no circumstances access to the underlying document, unless you also use ReCheck, storage services (URL). To the extent permitted by applicable law as amended from time to time, access to documents stored or exchanged in the ReCheck Ecosystem is reserved for the intended recipients and the sender only.

9.2. Personal Data

The ReCheck Docs Service Application does not require any permissions to access other applications on your device except for the camera in order to scan the QR code in the process of creating your account (please, check 2.4 Creating an account above); sending notifications and access to the hard disk to for write and read the private key necessary to use the ReCheck Docs Services, encrypt and decrypt data.

ReCheck has no access (unless storage services of ReCheck are used), to the extent permitted by applicable law, to the data transmitted or stored in its ecosystem – for further information on privacy and data protection, including on the occasion of your choosing to tie your Digital ID to your Real-life Identity check ReCheck’s Privacy Policy at https://ReCheck.io/privacy-policy-terms-of-use/.

10. Intellectual Property

All rights, title and interest, including all intellectual property rights (including copyrights, trademarks and patents), proprietary rights (including trade secrets and know-how), and moral rights (including rights of authorship and modification) anywhere in the world (“IPR”) in and to the ReCheck Docs Services and all of their derivative works, modifications and improvements, are retained by ReCheck and are our confidential information. We shall own all IPR, generated through support, monitoring or other observation of your use of the ReCheck Docs Services. The operation and performance of the ReCheck Docs Services is our confidential information. If you provide any suggestions, comments or feedback regarding the ReCheck Docs Services, you hereby assign to us all right, title and interest in and to the same without restriction. You shall not remove, modify or obscure any IPR notices on the ReCheck Docs Services.

We may use open source software and to the extent required by the licenses covering OSS, the terms of such licenses will apply to OSS.

11. Informational and Network Security

[ReCheck to provide further information on compatibility with the NIS regulations concerning digital services providers, also a reference to the security protocols information of the underlying AWS provider’s infrastructure]

We will use commercially reasonable administrative, physical and technical safeguards to protect Personal data and Input Data and follow industry-standard security practices; and following a confirmed breach of security leading to the accidental or unlawful destruction, loss, alteration or unauthorized access, disclosure or use of your Personal Data or Input Data we will notify you without undue delay and as relevant information becomes available to assist you in meeting your potential reporting or notice obligations under applicable law and you will work with us in good faith to develop any related public statements or required notices. You are solely responsible for costs and liability incurred due to unauthorized use or access through your or Digital Identity credentials or systems.

12. Force Major

ReCheck Docs will not be liable to deliver its ReCheck Docs Services in case of unforeseen or unavoidable event of extraordinary nature which is beyond its reasonable control. A non-exclusive list of examples of such events is provided below:

  • A disruption in the operation of AWS’s infrastructure;
  • A hacker attack – (including ransomware, malicious software, data breach, DDOS);
  • Fire, military action, government bans, natural disasters, pandemics affecting the operations of IT infrastructure, etc.
  • Failure of blockchain networks?

13. Limitation of Liability

ReCheck is not liable for:

Your behaviour which is not compatible with these GTC, including the Acceptable Use provisions or the applicable law;

Your loss of Recovery Phrase;

Your inability to destroy your Digital ID, once created;

Your providing access, including inadvertently to your account credentials (Recovery Phrase and/or PIN) or to your mobile device where your private key is stored;

Whether you have transmitted documents to your intended recipient;

In case we are required to provide data or metadata for your ID/usage of the ReCheck Trusted Network or the ReCheck Docs Services in a lawful manner on appropriate legal grounds by a law enforcement or tax or anti-money laundering/anti-terrorist financing agency of the country where ReCheck Infrastructure is located/EU/EU member state or a third member state having a valid and effective international agreement concerning disclosure of electronic evidence with the EU/the country where ReCheck Infrastructure is located.

Your inability to cause the desired legal consequences/your causing undesired legal consequences due to your using the ReCheck Docs Services or as a result of your authenticating any records with your Digital ID.

We are not responsible if someone uses the data about a transaction (from the generated certificate) in the court against you. In that sense with this service you can create piece of evidence that can be used against you in a litigation.

14. Term. Termination

14.1. Term of validity

These GTC enter into force upon their acceptance by you upon the installation of the ReCheck Docs Service Application and apply while you are using the ReCheck Docs Services, as amended from time to time.

14.2. Your ceasing to use the Service

You may stop using the ReCheck Docs Services and ReCheck Docs Service Application/Infrastructure at any time. You may recover your account indefinitely in the future if you reinstall the ReCheck Docs Service Application and enter your Recovery Phrase.

14.3. Termination by ReCheck

ReCheck may terminate your rights with a 30-day notice sent via the ReCheck Docs Service Application in case you fail to pay your fee on time.

ReCheck may also terminate your rights with a notice in the ReCheck Docs Service Application with immediate effect if:

You violate these GTC, including the Use Rights, Acceptable Use или Prohibited Conduct;

ReCheck abandons the provision of the ReCheck Docs Services altogether;

ReCheck is requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency

During suspension, you will not have access to all or part of the ReCheck Docs Services and may be unable to access Input Data. But the records of transactions remain on blockchain.

14.4. Temporary Suspension by ReCheck

ReCheck may temporarily suspend the Service in case of suspicion of:

A breach or threatened breach of your account or ReCheck Infrastructure’s Security;

Unauthorized or fraudulent access to your account.

15. Governing Law

These GTC, their enforcement and interpretation and the filling in of gaps therein will be controlled by Bulgarian law to the extent not overruled by the mandatory consumer legal provisions at the country of habitual residence of the consumer.

16. Settlement of Disputes and Consumer Protection

You can contact ReCheck directly for a voluntary settlement of any dispute at the contacts shown below.

You are entitled to turn to any of the below authorities at any time to complain about:

Alleged violation of your consumer rights – the Bulgarian Protection of Competition Commission;

Alleged violation of your data subject rights – the Bulgarian Data Protection Commission.

In any case we strongly advise you to contact ReCheck immediately beforehand if your deem any of the foregoing has occurred and we will make every effort to resolve the matter amicably and in good faith with you in line with the applicable Bulgarian law.

17. Amendments

ReCheck may amend these GTC at any time; the new/amended version will be made available to you via the ReCheck Docs Service Application. Unless you inform ReCheck immediately that you will discontinue using the ReCheck Docs Services via the dialogue box provided and delete the ReCheck Docs Service Application from your device, you will be bound by the new version of the GTC.

18. Miscellaneous

You agree that for optimum experience and for and your data and Digital ID your security ReCheck can interact with your device to install updates for which you will be notified in advance.

Any descriptions of future product direction or intended updates (including new or improved features or functions) other than the features and functions deployed as of date of the GTC are intended for information purposes only and are not binding commitments on us to deliver any material, code or functionality. The development, release and timing of any such updates is at ReCheck’s sole discretion unless agreed otherwise in writing.

If a court finds part of these GTC illegal or invalid, the rest will continue to be in force.

These GTC are the entire agreement with respect to the ReCheck Docs Services identified, superseding all prior or contemporaneous written and verbal agreements or proposals and cannot be modified except by written agreement.