Certalo Terms of Service

1. Agreement to Terms

1.1 Binding Agreement

These Terms constitute a legally binding contract between you and CAVORA PARTNERS GmbH (Company Registration Number: CHE-283.646.749, registered in Schlieren, Switzerland). By using the Certalo App, you represent and warrant that:

• You are at least 16 years of age (or the age of majority in your jurisdiction, whichever is greater);
• You have the legal capacity to enter into a binding contract;
• You are not prohibited from using the App under applicable laws;
• All information you provide is accurate, current, and complete.

1.2 Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time, at our sole discretion, for operational, legal, regulatory, or security reasons. Material changes will be communicated via:

• In-App notification (banner, modal, or push notification);
• Email notification to your registered email address;
• Prominent notice on our website or within the App.

The "Effective Date" at the top of these Terms indicates when they were last revised. Your continued use of the Certalo App after any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the App and may request deletion of your account.

1.3 Additional Policies

These Terms incorporate by reference the following policies, which form part of this agreement:

• Privacy Policy: Certalo Privacy Policy
• Acceptable Use Policy: Section 4 of these Terms
• Intellectual Property Policy: Section 8 of these Terms

2. Description of Service

2.1 Certalo App Features

Certalo is a mobile application designed to help users manage, store, verify, and share digital certificates, credentials, and qualifications. Key features include:

• Certificate Management: Upload, organize, and store digital certificates and credentials
• Certificate Verification: verification of certificates via a cryptographic checksum stored by Cavora (not on a blockchain)
• QR Code Sharing: Generate and share verifiable QR codes for your credentials
• Apple Wallet Integration: Store certificates in Apple Wallet for easy access
• Cloud Synchronization: Sync certificates across your devices
• EU AI Act Compliance: Compliance tools for regulatory requirements (Article 4)

2.2 Service Availability

We strive to provide continuous, uninterrupted access to the Certalo App. However, we do not guarantee that the App will be available at all times or free from errors, bugs, or interruptions. We reserve the right to:

• Suspend, discontinue, or modify the App or any features at any time;
• Perform scheduled or emergency maintenance;
• Restrict access to certain features or functionalities;
• Terminate the App entirely with reasonable notice.

2.3 Platform Compatibility

The Certalo App is designed for iOS devices and is available exclusively through the Apple App Store. Minimum system requirements and supported iOS versions are specified in the App Store listing.

3. User Accounts and Registration

3.1 Account Creation

To use certain features of the Certalo App, you may be required to create an account by providing accurate and complete information, including your name, email address, and password. You agree to:

• Provide true, accurate, current, and complete information during registration;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain the security and confidentiality of your account credentials;
• Notify us immediately of any unauthorized access or use of your account.

3.2 Account Security

You are solely responsible for all activities that occur under your account, whether authorized or unauthorized. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials. You agree to use strong, unique passwords and enable multi-factor authentication (MFA) if available.

3.3 Account Termination

You may terminate your account at any time by navigating to Settings > Account > Delete Account or by contacting customer support. Upon termination:

• Your access to the App will be immediately revoked;
• Your personal data will be deleted in accordance with our Privacy Policy and applicable data retention laws;
• Certain data may be retained for legal, regulatory, or legitimate business purposes (e.g., transaction records, dispute resolution).

4. Acceptable Use Policy

4.1 Prohibited Conduct

You agree not to use the Certalo App for any unlawful, harmful, or prohibited purposes. Specifically, you agree not to:

• Violate any applicable local, national, or international laws, regulations, or ordinances;
• Infringe upon the intellectual property rights, privacy rights, or other rights of third parties;
• Upload, share, or transmit fraudulent, fake, falsified, or misleading certificates or credentials;
• Use the App to impersonate any person or entity, or falsely claim affiliation with any organization;
• Interfere with, disrupt, or compromise the security, integrity, or performance of the App or our servers;
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the App;
• Use automated tools (bots, scrapers, crawlers) to access or extract data from the App;
• Transmit viruses, malware, or any other harmful or malicious code;
• Engage in spamming, phishing, or other fraudulent or deceptive practices;
• Harass, threaten, abuse, or harm other users or third parties;
• Use the App for any commercial purpose without our prior written consent.

4.2 Certificate Authenticity

You represent and warrant that all certificates, credentials, and qualifications you upload, store, or share through the Certalo App are authentic, genuine, and accurately represent your qualifications. You acknowledge that:

• Uploading fraudulent or falsified certificates may constitute a criminal offense;
• We reserve the right to verify the authenticity of certificates and may request supporting documentation;
• We may suspend or terminate your account if we suspect fraudulent activity.

4.3 Enforcement

We reserve the right, but are not obligated, to monitor, investigate, and take enforcement action against any violation of these Terms. If you violate these Terms, we may:

• Issue a warning or request corrective action;
• Suspend or restrict your access to certain features;
• Terminate your account and delete your data;
• Report illegal activities to law enforcement or regulatory authorities;
• Pursue legal action and seek damages.

5. Fees, Payment, and Subscriptions

5.1 Free and Premium Features

Certalo offers both free and premium (paid) features. Free features are available to all users without charge. Premium features require a paid subscription or one-time purchase. Pricing, subscription tiers, and feature availability are displayed within the App and on the App Store.

5.2 Payment Processing

All payments and subscriptions are processed through the Apple App Store. Payment terms, billing cycles, refund policies, and cancellation procedures are governed by Apple's Terms and Conditions and the App Store Refund Policy. We do not directly process, store, or have access to your payment information.

5.3 Subscription Renewals and Cancellations

Subscriptions automatically renew at the end of each billing cycle unless you cancel prior to the renewal date. To cancel a subscription, navigate to your Apple App Store account settings and follow Apple's cancellation instructions. Refunds for unused subscription periods are subject to Apple's refund policy.

5.4 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes will apply to new subscriptions and renewals following reasonable notice (typically 30 days). If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.

6. User Content and Data

6.1 User-Generated Content

The Certalo App allows you to upload, store, and share certificates, credentials, images, documents, and other content ("User Content"). You retain all ownership rights to your User Content. By uploading User Content to the App, you grant us a limited, non-exclusive, royalty-free, worldwide license to:

• Store, process, and transmit your User Content as necessary to provide the App's services;
• Display your User Content to you and to other users you authorize (e.g., when sharing certificates);
• Create derivative works (e.g., thumbnails, compressed versions) for technical or operational purposes;
• Use anonymized, aggregated data derived from User Content for analytics and service improvement.

This license terminates when you delete your User Content or terminate your account, except where retention is required by law or for legitimate business purposes.

6.2 Responsibility for User Content

You are solely responsible for your User Content and the consequences of uploading, storing, or sharing it. You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to upload and share your User Content;
• Your User Content does not infringe upon the intellectual property, privacy, or other rights of third parties;
• Your User Content complies with all applicable laws and these Terms.

6.3 Data Backup and Loss

While we implement reasonable measures to back up and protect your data, we are not responsible for any loss, corruption, or deletion of User Content. You are solely responsible for maintaining your own backups of important certificates and data.

7. Privacy and Data Protection

7.1 Privacy Policy

Your use of the Certalo App is subject to our Privacy Policy, which explains how we collect, use, disclose, and protect your personal data. By using the App, you consent to our data practices as described in the Privacy Policy. Please review our full Privacy Policy at: Certalo Privacy Policy

7.2 Data Processing

We process your personal data in accordance with the Swiss Federal Act on Data Protection (nDSG/FADP), the EU General Data Protection Regulation (GDPR), and other applicable data protection laws. For detailed information about our data processing practices, legal bases, international data transfers, and your data protection rights, please refer to our Privacy Policy.

7.3 Third-Party Services

The Certalo App may integrate with third-party services (e.g., Apple Wallet). Your use of such third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of third-party services.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Certalo App, including its design, user interface, features, functionality, source code, algorithms, trademarks, logos, and all related intellectual property, is owned by CAVORA PARTNERS GmbH or our licensors and is protected by Swiss, EU, international copyright, trademark, patent, and other intellectual property laws.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Certalo App on your personal iOS device(s) solely for your personal, non-commercial use. This license does not grant you any ownership rights in the App.

8.3 Restrictions

You may not, and you agree not to permit any third party to:

• Copy, modify, adapt, translate, or create derivative works based on the App;
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the App;
• Sell, rent, lease, sublicense, distribute, or transfer the App or any rights granted under these Terms;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• Use the App to develop a competing product or service.

8.4 Trademarks

"Certalo," "CAVORA PARTNERS," and associated logos are trademarks or registered trademarks of CAVORA PARTNERS GmbH. You may not use our trademarks without our prior written consent.

9. Disclaimers and Limitations of Liability

9.1 "AS IS" and "AS AVAILABLE" Basis

THE CERTALO APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the App will be uninterrupted, error-free, secure, or free from viruses or harmful components;
• Warranties regarding the accuracy, reliability, or completeness of any content, information, or data provided through the App.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAVORA PARTNERS GMBH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities;
• Loss or corruption of certificates, credentials, or User Content;
• Costs of procurement of substitute services;
• Personal injury, property damage, or any other damages arising from your use or inability to use the App;
• Damages arising from unauthorized access, hacking, data breaches, or security incidents.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR USE OF THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) CHF 100 (ONE HUNDRED SWISS FRANCS).

9.3 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9.4 No Professional Advice

The Certalo App is not intended to provide legal, financial, career, or professional advice. Any information, recommendations, or suggestions provided by the App are for informational purposes only and should not be relied upon as professional advice. You should consult qualified professionals for advice specific to your circumstances.

10. Indemnification

You agree to indemnify, defend, and hold harmless CAVORA PARTNERS GmbH, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms or any applicable laws or regulations;
• Your infringement of any intellectual property or other rights of third parties;
• Your User Content, including any fraudulent or falsified certificates;
• Your use or misuse of the Certalo App;
• Your negligence, willful misconduct, or breach of representations and warranties.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

11. Dispute Resolution and Governing Law

11.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or your use of the Certalo App shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.

11.2 Jurisdiction and Venue

Subject to Section 11.3 (Arbitration), any legal action, suit, or proceeding arising out of or related to these Terms or the App shall be brought exclusively in the courts at the registered office of CAVORA PARTNERS GmbH in Schlieren (Canton of Zurich), Switzerland. Mandatory places of jurisdiction for consumers, in particular at their place of residence, remain reserved.

11.3 Arbitration (Optional)

If both parties agree in writing, disputes may be resolved through binding arbitration administered by the Swiss Chambers' Arbitration Institution in accordance with its Swiss Rules of International Arbitration. The arbitration shall be conducted in Zurich, Switzerland, in the English or German language.

11.4 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings, whether in court or arbitration, will be conducted only on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Termination

12.1 Termination by You

You may terminate your account and cease using the Certalo App at any time by deleting your account (Settings > Account > Delete Account) or by uninstalling the App from your device.

12.2 Termination by Us

We reserve the right to suspend, restrict, or terminate your access to the App, with or without notice, at our sole discretion, for any reason, including but not limited to:

• Violation of these Terms or any applicable laws;
• Fraudulent, abusive, or harmful conduct;
• Failure to pay fees (if applicable);
• Security or legal concerns;
• Discontinuation of the App or any features.

12.3 Effect of Termination

Upon termination of your account or access to the App:

• Your license to use the App will immediately terminate;
• You will lose access to your account, User Content, and any premium features;
• We may delete your User Content and account data in accordance with our Privacy Policy and data retention policies;
• Provisions of these Terms that by their nature should survive termination (e.g., intellectual property, disclaimers, limitations of liability, indemnification, governing law) will continue to apply.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and CAVORA PARTNERS GmbH regarding your use of the Certalo App and supersede all prior agreements, understandings, and representations.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of CAVORA PARTNERS GmbH.

13.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, to any third party at our discretion, including in connection with a merger, acquisition, or sale of assets.

13.5 Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, or technical failures.

13.6 Notices

We may provide notices to you via email, in-app notifications, or by posting on our website. Notices to CAVORA PARTNERS GmbH must be sent in writing to:

CAVORA PARTNERS GmbH
Pestalozziweg 7
8952 Schlieren
Switzerland
Email: legal@cavorapartners.com

13.7 Language

These Terms are drafted in English. Translations may be provided for convenience, but in the event of any conflict or inconsistency, the English version shall prevail.

14. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Certalo App, please contact us:

CAVORA PARTNERS GmbH
Pestalozziweg 7
8952 Schlieren
Switzerland
Company Registration Number: CHE-283.646.749

Email: info@cavorapartners.com
Support Email: legal@cavorapartners.com
Phone: +41 44 798 17 35
Website: https://cavorapartners.com