HASHINGDNA.COM, owned by BLOCKCHAIN ENKI, S.L. (hereinafter, "HASHINGDNA.COM") has established the present general terms and conditions of use (hereinafter, "Terms and Conditions") in order to regulate the access and use of the present website hashingdna.com, and at the address blockchain.icu (hereinafter, the "Web/Platform") and/or the application (hereinafter, the “App”).
HASHINGDNA.COM offers the possibility of certifying physical and digital files. The purpose of the services is to provide the User with full access to the certification systems, to the extent chosen by the User according to the amount paid.
HASHINGDNA.COM will receive information queries and confirm service requests, as well as process the payment related to the provided services.
The use and navigation through this Web/Platform and/or App grants you the status of User. It is for this reason that we recommend a careful reading to proceed to its proper use, since the mere use of it implies full, unconditional and irrevocable acceptance of these Terms and Conditions, and any use contrary to the herein provided is completely prohibited, being susceptible of generating responsibilities towards the owner of the Website/Platform and/or the App. It is the obligation of Users accessing the Web/Platform and/or the App to know these Terms and Conditions and check them regularly as they may be subject to modification by HASHINGDNA.COM without prior notice.
In compliance with the reporting obligations contained in Article 10 of the Law 34/2002 of July 11th, Information Society Services and Electronic Commerce, the following data is shown below:
The company that owns the web domain is BLOCKCHAIN ENKI, S.L. (hereinafter HASHINGDNA.COM), established for these purposes at Rambla d'ibéria 97 Sabadell (Spain) with C.I.F. number B67231225, registered in the Barcelona Commercial Registry, T 46444 , F 42, S 8, H B 520208, I/A 1. Website contact email: [email protected] or [email protected].
The information and contents included on our Web/Platform and/or on our App are owned by HASHINGDNA.COM. Obtaining, reproducing, distributing, transferring, transmitting, transforming, modifying, exploiting or publicly communicating it, for use other than the one intended herein, is strictly prohibited.
HASHINGDNA.COM is a company that offers the possibility of certifying digital files. Our services allow Users to easily certificate the existence of any file or URL online (such as, but not limited to, any documents, private contracts, songs, lyrics, trademarks, patents, images, videos and online votes), through our Web/Platform and/or the App, by inserting the hash of your file on a Bitcoin transaction and creating a timestamp as a proof of existence.
We provide a certification system that using blockchain technology, allows you to register any digital file or web content/URL in the public and irreversible Bitcoin ledger, maximizing security and minimizing costs and time.
Our solution inserts in a Bitcoin blockchain transaction the hash of the file we want to certify, using the standardized SHA-256 protocol. Certifying in the Bitcoin public ledger the date and time in which the file is perpetually certified.
HASHINGDNA.COM may receive and confirm requests for the procurement of services, and help, if requested, to make all the necessary arrangements so that all services are carried out in accordance with the law. We also process the payments related to the services hired through our Web/Platform and/or the App.
The services will be automatically renewed each time the User makes a payment on the Web/Platform and/or the App according to the conditions clearly established on the Web/Platform and/or the App.
The User may access the payment of the hired service through the Web/Platform and/or the App, following every step of the hiring process set by the Web/Platform and/or the App. The rate applied to the service will be the one that results at the end of the payment gateway, according to the applicable variables at the time, having Users total freedom to accept or reject the rate. At the time of the payment, the User may pay by credit card, debit card, PayPal or with Bitcoins, and the amount will be retained by the payment gateway ING Virtual TPV and/or BitPay available on the Web/Platform and/or the App, until it is certain the service has been completed by HASHINGDNA.COM. In addition, the hiring gateway of the Web/Platform and/or the App will inform the User, once the hiring process is completed, via email, of all the relevant features of the service. If the User does not receive the confirmation email within twenty-four hours (24h) after the completion of the purchase/payment, it is the responsibility of the User to confirm with HASHINGDNA.COM approval of the transaction.
The valid currency for the hiring of the services will be the EURO (€). The prices will be updated at the Web/Plataform's and App’s discretion. The price of each type of certification may vary according to its characteristics (type of certification, certification method and others). The addition of new services in trials and/or free of charge does not imply the future right of the User to enjoy them at no additional cost.
The User, will receive an invoice in PDF format via the email provided on the Web/Platform’s and/or the App’s registration forms.
If any questions or concerns arise, please reach out to our customer service team immediately.
Access to and use of the Web/Platform and/or the App is subject and, therefore, shall be governed by everything contained in these Terms and Conditions. Access to and use of the Web/Platform and/or the App by the User is public and free, without requiring subscription or registration for its viewing. However, hiring the services offered through the Web/Platform and/or the App, will require the registration of the User on the terms described below, upon acceptance of these Terms and Conditions.
In this regard, it is expressly stated that mere access and use of the Web/Platform and/or the App assigns the condition of User (hereinafter the "User" in singular, and the "Users" in plural) of the Web/Platform and/or the App and implies full and unreserved acceptance by the User, of the total content of these Terms and Conditions, in the version published on the Web/Platform and/or the App at the time of such access. Consequently, the User, under his/her responsibility, should carefully read all the general terms and conditions in each of the occasions in which he/she intends to use the Web/Platform and/or the App and refrain from accessing the Web/Platform and/or the App if it were not of agreement.
The above conditions will apply regardless of the General Contracting Conditions, which in its case, may result of mandatory compliance.
The access to the Web/Platform and/or the App is free except for the hiring of the offered services, sections for which an access password will be required, which will be granted by HASHINGDNA.COM to the User. In order for the User to be able to effectively access the sections reserved for Users, he or she must proceed to prior registration using the available registration form. Once registered, the User will have a username or "login" and a "password", which make up the access code that will allow him/her to be identified as a registered User and authorized to access confidential information relating to the private area of the Web/Platform and/or the App. Also, to access as a User you must identify yourself in the section of the Web/Platform and/or the App enabled for this purpose with your username and password. The use of passwords and identification data of third parties is strictly prohibited, regardless of how such data and passwords were obtained.
The passwords provided by HASHINGDNA.COM for access to the services offered in this Web/Platform and/or the App must be kept by the User with the utmost diligence and responsibility, in order to prevent the password from falling into the hands of a third party, and these passwords are confidential for all purposes.
If the User has the suspicion that the passwords provided by HASHINGDNA.COM may have fallen into the hands of a third party not authorized to use them, HASHINGDNA.COM must be notified immediately, and the the USER will proceed to modify it from their user panel in the "My Data" section.
By registering, you are accepting the conditions described herein, as well as authorizing HASHINGDNA.COM and associated/affiliated companies, to send you by e-mail or any other means, advertising, communications and/or any other type of notification that HASHINGDNA.COM deems appropriate.
As a User of the Web/Platform and/or the App you must at all times make proper use of it and the services it includes or provides, following the directions and instructions in it, and always respecting the law/current legislation and property rights of HASHINGDNA.COM at all times. Throughout the use of the Web/Platform and/or the App, Users’ consent may be requested for the acceptance of conditions and/or additional or specific terms applicable to certain proceedings or sections. It is the obligation of the Users to carefully read the said conditions and/or terms and only proceed to their acceptance (by clicking with the mouse in the acceptance section that will appear next to the possible conditions and/or terms), after having fully understood them and as a sign of the willingness to accept them.
It is forbidden for any User or third party to perform any action (including the introduction or dissemination/spread of computer viruses) that involves access to data from the Web/Platform and/or the App or the servers of HASHINGDNA.COM and/or that causes damage or alterations to the contents of the Web/Platform and/or the App, as well as intervene or cause alterations in the email, holding HASHINGDNA.COM the right to exclude access to the Web/Platform and/or the App to any User or third party that infringes said forbiddance, and to take the appropriate measures according to the law. Likewise, it is forbidden to prevent the normal use or enjoyment of the Web/Platform and/or the App to other Users.
The Web/Platform and/or the App is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use is contrary to local laws or regulations. People visiting the Web/Platform and/or the App are responsible for ascertaining the terms of the laws and local regulations that affect them, as well as for complying with said laws and regulations.
HASHINGDNA.COM reserves all rights in relation to the administration and management of the Web/Platform and/or the App and tools and applications that comprise it, including in an exemplary and non-exhaustive way, the right to temporarily interrupt its service to perform activities of maintenance or updates, as deemed appropriate, as well as the right to deny or withdraw access to the portal and/or the services offered without prior notice, on its own or at the request from a third party, to those Users who fail to comply with these Terms and Conditions.
HASHINGDNA.COM will pursue the breach of these Terms and Conditions, as well as any improper use of its website, exercising all civil and criminal actions entitled to by law.
6.2 Coming of Age
By accessing and using the Web/Platform and/or the App, the User declares to be of legal age, in accordance with its own law, and guarantees to have sufficient legal capacity to be bound by these Terms and Conditions, as well as to use, and, when appropriate, to hire through the web, in accordance with the specific terms and conditions that may apply.
6.3 Modification and Update of the Web/Platform and/or the App and the Terms and Conditions
HASHINGDNA.COM may modify the present Terms and Conditions at any time by email, or through the internal messages section of the Web/Platform and/or the App, or by posting the modified terms on the Web/Platform and/or the App. All modified terms will automatically take effect 30 days after being published.
However, notwithstanding the provisions of the previous section, HASHINGDNA.COM reserves the right to modify and update the information contained in the Web/Platform and/or the App, as well as in these Terms and Conditions or in the particular terms and conditions, at any time without prior notice, being the User's responsibility to review them at the time of each access and/or use, since the use of the services will imply the acceptance of the general and specific Terms and Conditions in the version that is in effect at the time of the use or hiring.
The desire of HASHINGDNA.COM is to provide a functioning Web/Platform and App with the highest availability and quality. However, maintaining and updating the tools and content of the Web/Platform require the same interventions that can cause temporary suspension of their availability. The policy of HASHINGDNA.COM is to schedule such maintenance and upgrades at times of reduced traffic to minimize effects for Users, subject to the discretion of HASHINGDNA.COM to carry them out at any time. However, HASHINGDNA.COM reserves the right to temporarily suspend, without prior notice to Users, access to the Web/Platform and/or the App to carry out maintenance, repair, update or improvement of services, information and content, as well as to modify or update the information, contents and access conditions thereof.
7.1 User rights
The User may access free of charge and without prior authorization the content and services available on the Web/Platform and/or on the App as such, subject to the particular technical conditions or the need for prior registration regarding specific services and contents intended for clients of HASHINGDNA.COM, as determined in these Terms and Conditions or the particular terms and conditions of such services.
7.2 User obligations
7.2.1 Accuracy of information
The User declares and undertakes that all information provided by him/her during the course of using the Web/Platform and/or the App is certain, true, complete, accurate and that he/she is authorized to disclose it.
The User also agrees not to provide or make explicit any type of data that may disclose:
• Racial or ethnic origin
• Political views
• Religious or philosophical beliefs
• Union membership
• Genetic data
• Biometric data for the purpose of uniquely identifying an individual
• Data regarding health or sexual life and/or sexual orientation
7.2.2 Compliance with the law
The User agrees to use the Web/Platform and/or the App in accordance with current legislation, with the provisions of the Terms and Conditions and the specific terms and conditions, when applicable, as well as with morality, good faith and public order.
The User agrees to refrain from using the Web/Platform and/or the App for illegal purposes, contrary to the provisions of the Terms and Conditions and the specific terms and conditions that may apply, or in a manner that is harmful to the rights and interests of HASHINGDNA.COM or third parties.
HASHINGDNA.COM reserves the right to suspend, terminate, deny or withdraw access and/or use of the Web/Platform and/or the App, at any time and without prior notice, to any User who fails to comply with these Terms and Conditions and/or any specific terms and conditions, when applicable.
7.2.3 User Responsibility
Users must use the Web/Platform and/or the App and its contents under his/her sole and exclusive responsibility.
The User will be liable for the damages of any nature that HASHINGDNA.COM may suffer as a result, directly or indirectly, for the User’s breach of the Terms and Conditions and/or any specific terms and conditions, when applicable.
HASHINGDNA.COM does not ensure the availability and continuity of the Web/Platform and/or the App and of the products, services or contents offered therein, nor that the existing content on its Web/Platform and/or the App does not contain errors or is up to date, being exonerated of all liability for damages of any kind that may arise from such circumstances. HASHINGDNA.COM will carry out, provided that there are no circumstances that make it impossible or difficult to execute, and as soon it hears or has new of errors, disconnections or lack of updating contents, all efforts aimed at correcting the errors, restore access and update the referred contents.
Likewise, HASHINGDNA.COM does not ensure the technical reliability of its Web/Platform and its App, nor access to the different pages, nor the reliability of the content provided by third parties through the Web/Platform and/or the App, being exonerated, to the extent permitted by law, all liability for damages of any kind that may arise from the lack of certainty, truthfulness, availability, continuity, legality, updating and nature of such contents.
HASHINGDNA.COM declares and ensures that its Web/Platform and its App have the necessary technology to date, for the access and/or use thereof. Nevertheless, HASHINGDNA.COM does not ensure the possible existence of viruses and other harmful technological elements introduced by third parties that may cause alterations in the User's computer systems.
HASHINGDNA.COM is the owner or licensee of the intellectual property rights that fall upon the source code, content and design of the Web/Platform and the App.
All contents of the Web/Platform and the App (including, without limitation, databases, trademarks, logos, trade names, images, drawings, graphics, text files, audio, video and software) are owned by HASHINGDNA.COM, or HASHINGDNA.COM has been duly authorized for use, and are protected by national or international intellectual property regulations. The compilation (meaning the collection, arrangement and assembly) of all content on the Web/Platform and the App is the exclusive property of HASHINGDNA.COM, and is protected by national and international industrial and intellectual property regulations.
Likewise, the User who is willing to share any type of content through the Web/Platform, grants HASHINGDNA.COM a non-exclusive, free and worldwide license, limited to the reproduction and public communication of such licensed content through the provision of the services of the Web/Platform and/or the App.
The use of this Web/Platform and/or the App does not grant Users any right of exploitation of any kind, nor its ownership over the contents thereof, nor its intellectual property. The rights of use of the Users or third parties shall be limited to those expressly recognized in these Terms and Conditions, or recognized dynamically during the use of the Web/Platform and/or the App by the User.
The transformation, reproduction, exploitation, distribution, public communication and/or transfer/assignment, whether for consideration or free of charge, of any of the contents of the Web/Platform and the App is strictly forbidden.
Unless expressly stated otherwise in these Terms and Conditions, the copying or reproduction of all or part of the contents on the Web/Platform and the App, either in the originally published language or in its translation into another language, is forbidden, as well as derivative works and any public disclosure, except with the prior written consent of HASHINGDNA.COM. Under no circumstances, shall the public disclosure of the contents of the Web/Platform and the App by HASHINGDNA.COM be deemed as a waiver or transfer/assignment of rights.
HASHINGDNA.COM expressly reserves the right to exercise as many actions to protect its legitimate intellectual property rights towards the Users and other third parties.
The use of third party intellectual property in the contents of the Web/Platform and the App should not be understood as that third party granting its endorsement, support or is somehow associated with HASHINGDNA.COM.
HASHINGDNA.COM is a trademark owned by BLOCKCHAIN ENKI, S.L. It is strictly forbidden, except with the prior written consent of HASHINGDNA.COM, any other use of the content of the Web/Platform and the App, as well as its own design, configuration and display, including but not limited to, reproduction, transformation, distribution, commercialization, transmission, subsequent publication, exhibition or total or partial representation thereof, whether commercial or merely informative purposes.
The Web/Platform and the App may provide Users with links to other websites operated by third parties through technical devices such as, among others, hypertext links, banners, buttons, directories and any other search tool that allows the User access different websites than the Web/Platform and the App or third-party websites (hereinafter "Links"). The use of Links does not imply a connection with HASHINGDNA.COM, unless expressly stated otherwise, nor implies acceptance, endorsement nor recommendation by HASHINGDNA.COM of the content or services offered by them, nor any warrant, whatsoever, towards the User. Therefore, the User must assess under his/her own responsibility browsing to other websites through such links, being HASHINGDNA.COM exonerated from any liability regarding the information, data, files, products, services and any kind of existing material in the pages accessed through the Links.
Likewise, all those links between any website and the Web/Platform and/or the App do not imply, by their mere existence, any legal relationship between the Web/Platform and/or the App and the website that incorporates said Links, nor the knowledge and acceptance of HASHINGDNA.COM of their existence and content.
Any information to which Users may eventually have access to, which has indications of confidentiality and which is not of a public nature or becomes public domain without breach of an obligation of confidentiality against HASHINGDNA.COM, will be considered confidential, may constitute a trade secret of HASHINGDNA.COM and/or companies with which it has agreements, and may not be disclosed or communicated publicly without the prior written consent of HASHINGDNA.COM.
To the extent permitted by law, HASHINGDNA.COM disclaims all liability, without limitation, but not limited to:
a. Of any errors, deletion, delay or failure that may occur in the transmission and operation of the Web/Platform and/or the App, as well as in providing services or products contracted by the Web/Platform and/or the App that originate from force majeure or fortuitous and any other causes beyond the good faith of HASHINGDNA.COM (whether Internet problems, bugs, telephone failures, hackers, etc.), or caused by bad faith of the User.
b. All representations and warranties relating to the Web/Platform and/or the App and its contents, or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Web/Platform, the App and/or HASHINGDNA.COM’s information.
c. All liability for damages arising out of or in connection with your use of the Web/Platform and/or the App. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised HASHINGDNA.COM of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
d. Inadequate use that Users may make of the Web/Platform and/or the App or the linked websites, and result in an infringement of intellectual property rights, or other civil or criminal offenses.
e. Third-party claims arising from misuse by the User of the services or products of HASHINGDNA.COM or in connection with these.
f. Acts or omissions of third parties, regardless of whether they could maintain any contractual relationship with HASHINGDNA.COM.
g. Access and use of the Web/Platform and/or the App to unsuitable content, as well as sending of data by minors, without the consent of parents or guardians, when the law so requires, it is the responsibility of the parents or guardians to exercise proper control for the children in their care and prevent access to content of unsuitable use.
h. Errors or omissions or outdated content published on the Web/Platform and/or the App, even though HASHINGDNA.COM is committed to regularly check the content of the Web/Platform and the App.
i. The uncertain, vague, incorrect or incomplete data provided by the User to prevent transmitting the purchased products or services and/or contact the User.
HASHINGDNA.COM does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
According to the provisions, HASHINGDNA.COM has no obligation to check and verify the identity of Users or the accuracy, validity, completeness and/or authenticity of the data they provide. HASHINGDNA.COM excludes any liability for damages of any kind that may result from the illicit use of the Web/Platform and/or the App by Users or that may result from the lack of veracity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, about the services offered for hiring through the Web/Platform and the App, as well as damages of any kind that may be due to the impersonation of the personality of a third party by a User in any kind of communication through Web/Platform and/or the App.
Notwithstanding the above-mentioned, HASHINGDNA.COM reserves the right to limit, in whole or in part, access to the Web/Platform and the App to certain Users, and to cancel, suspend, block or remove certain types of content, using the technological instruments fit for the purpose, if it had actual knowledge that the activity or information stored is unlawful or harms property or rights of a third party. In this regard, HASHINGDNA.COM may establish the necessary filters in order to prevent illicit or harmful content from being poured into the network through the service.
HASHINGDNA.COM will not respond in case of service interruptions, connection errors, unavailability or deficiencies in the Internet access service or interruptions of the Internet or for any other reason beyond its control.
HASHINGDNA.COM is not responsible for any security errors that may occur or for any damages caused to User's computer system (hardware and software), files or documents stored therein, as a result of the presence of virus in the User’s computer system or mobile terminal that is used to connect to services and content of the Web/Platform and the App or malfunction of the browser or the use of non-updated versions.
The responsibility of HASHINGDNA.COM from the use of the Web/Platform and the App towards Users, registered or not, shall be limited to the amount that these have actually paid in respect of use of the Web/Platform and/or the App, or if the applicable law does not allow it, all the responsibility that the aforementioned legislation allows will be excluded.
It is possible that the Web/Platform and the App contain hyperlinks or references that link to web pages and/or third-party activities. HASHINGDNA.COM is not responsible for the content, materials, services or any other element of third parties or the right or continued operation of the hyperlink.
In order to provide better service to the User, HASHINGDNA.COM is committed to making the best efforts to solve the problems and incidents that may arise in the operation of the Web/Platform and/or the App.
If any provision of these Terms and Conditions be declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or ineffective subsisting on everything else, the rest of Terms and Conditions, and having such provision or the part of it that is affected by not being implemented, except that, as it is essential to these Terms and Conditions, it should affect them in an integral manner.
Also, if the whole or any part of these Terms and Conditions is invalid, unenforceable or illegal in a jurisdiction, the clause in question or, if allowed, the relevant part of this clause shall be void in respect of that jurisdiction. The rest of the Terms and Conditions will remain in effect and the validity or enforceability of such provision in any other jurisdiction will not be affected. This provision shall not be effective if the divisibility affects the basic nature of the Terms and Conditions, or if it is contrary to the general principles of law.
These Terms and Conditions, as well as any specific terms and conditions, and all those relationships that may arise from the access and use of services and products of the Web/Platform and/or the App between the User and HASHINGDNA.COM shall be construed and governed in accordance with Spanish law.
Any dispute arising in connection with this Web/Platform and/or the App shall be settled in accordance with Spanish law, and submitted to the competent Courts and Tribunals.
For those cases in which the rules allow the parties to submit to a particular jurisdiction, both parties expressly waiving any other jurisdiction that may apply, submit to the exclusive jurisdiction of the Courts of the city of Barcelona (Spain).
These Terms and Conditions may be modified at any time, and you agree to continue to be governed by them, once the changes are included. For a period of fifteen (15) days you may communicate your non-acceptance expressly, by writing to the address listed in paragraph 2 of these Terms and Conditions, in which case you will be unsubscribed within seven (7) days following notification. Any changes will be notified by posting the revised Terms and Conditions on this website. We will not notify you of those changes separately, so we recommend that you periodically check this document.
Any notification that HASHINGDNA.COM wishes to make to its Users will generally be carried out by email and/or notification through the Web/Platform and/or the App, sent to the email address provided in the registration process, or any other that you update after the registration through the corresponding section of the Web/Platform and/or the App. It is the responsibility of the User to ensure that he communicates any change in his email address. It will be considered that any notification that we send to your email address will have reached its destination at the time of sending.
HASHINGDNA.COM is entitled to terminate your use of this Web/Platform and/or the App if concluding, in its sole discretion, that you have breached the Terms and Conditions.