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Terms and Conditions

General Terms and Conditions

1. Scope of Application

  1. Nect GmbH (hereinafter referred to as “Nect”) serves as a provider of products and solutions in the field of trust services and offers digital identity verification, digital signatures (for natural persons according to § 13 BGB or companies according to § 14 BGB), as well as digital delivery of electronic documents and files using the “Nect Wallet” app (hereinafter referred to as “App”).
  2. Nect Ident is a procedure that can be used in the App for personal identification (hereinafter referred to as “User”) using a mobile device with integrated video, photo, and audio functions and, if applicable, an NFC interface (hereinafter referred to as “Identification Services”). The procedure is divided into the following types:
    1. Automated Video Ident – Capture of the user and identification documents via video, photo, and audio functions
    2. eID – Capture of identification documents via video, photo, and NFC functions.
    3. ePass – Capture of identification documents via video, photo, and NFC functions, and capture of the user via video, photo, and audio functions.
    4. Re-Ident – Capture of the user via video, photo, and audio functions, and by reusing the data from identification documents (see sections 4 e. and f.).
  3. Nect Sign is a procedure for electronic signatures within the meaning of the EU eIDAS Regulation (EU Regulation No. 910/2014). The present General Terms and Conditions (hereinafter referred to as “GTC”) therefore also apply to identity verification for the issuance of ad-hoc certificates. Further information on fulfilling the certification requirements can be found in the “Trust Service Practices Statement” (TSPS) document.
  4. Nect Box serves for the management of documents and files. The focus is on the sustainable digitalization of postal communication. Our goal is to regulate the use of Nect Box by our users and to ensure that all parties act in accordance with applicable legal and technical requirements. By providing Nect Box, we aim to enable you to optimize your business processes and private matters and to drive digital transformation in communication.
  5. “Data” within the meaning of these GTC refers to all personal data stored in your App. Personal data refers to all information relating to an identified or identifiable natural person. This includes, in particular, the following information: name, first name, pseudonyms defined by you, email address, telephone and mobile phone number, residential address, ID card and passport data, driver’s license data, bank account details, signature data (PDF document) and other payment data, as well as documents and files that you or that are made available to you within the scope of Nect Box. Personal data will only be collected, processed, and exchanged between Nect and Nect Partners within the framework of applicable legal provisions.
  6. The personal data provided by the user will be used by Nect exclusively to fulfill its identification services, for electronic signatures within the meaning of EU Regulation No. 910/2014, or to meet legal requirements placed upon it for the delivery of electronic documents; the personal data will not be processed for any other purpose.
  7. These GTC apply exclusively to the relationship between Nect and the user with regard to the use of the Nect Wallet, Nect’s identification services, or for electronic signatures within the meaning of EU Regulation No. 910/2014, or for the delivery of electronic documents. Any transactions conducted between the user and Nect Partners or other third parties are exclusively subject to the provisions agreed upon between the user and the respective Nect Partners or other third parties.

2. Subject Matter of Use and Parties

  1. The Nect Ident procedure serves for the issuance of a digital identity credential for management and use in the App vis-à-vis Nect (see also 6.) and third parties.
  2. A user can confirm their identity to a third party, such as a bank, an insurance company, a sweepstakes provider, or a signature provider (hereinafter “Partner”), using the identity credential, for example, if they wish to establish a business relationship or are already in one.
  3. Partners are often obliged by legal provisions (e.g., § 203 StGB, Money Laundering Act, DE-Mail Act, Youth Media Protection State Treaty, Trust Services Act) to verify a user’s identity in order to enter into a business relationship with them. Nect acts as an independent service provider in rendering the identification services. Nect does not process any transactions or payments between the user and the Partner. Nect does not act as a representative or messenger of the Partner. For the Partner’s services, only the contractual terms agreed upon between the user and the Partner apply.
  4. In the Nect Ident procedure, the result of the personal identification is stored by Nect for documentation and verification purposes, for re-use, and for the detection of subsequent identity theft for the duration of the GTC.
  5. After successful identity verification, Nect will communicate the result to the Partner, provided the user has given their prior consent.
  6. The result of the identification services can be accessed by the user via the App.

3. Conclusion of the GTC

  1. The GTC between Nect and the user are concluded upon acceptance of the terms of use in the App, regardless of the outcome of the initial Nect Ident procedure.
  2. Nect is primarily aimed at German-speaking users who are over 16 years old, which must be confirmed during the registration process in the App. These GTC and other instructional texts are therefore available exclusively in German.
  3. Nect does not store any other separate contract texts in addition to these GTC, nor does it make them available for retrieval on its website. However, the content of these GTC can be accessed in the App at any time.

4. Nect Ident Procedure

  1. To carry out the procedure, image and sound recordings of the identification document used by the person are first created.
  2. Further authentication steps are carried out depending on the document used (ID card, passport, eID) and the transaction type (e.g., identity verification, driver’s license check).
    1. In most cases, a “selfie recording” follows. Here, the user is asked to speak two words. The recording is compared with the passport photo on the identification document.
    2. If the user uses an eID function, authentication via the NFC chip can be offered. For this purpose, the user may be asked to enter their PIN.
  3. The creation is carried out by using the video, photo, voice recording, and/or NFC function of the user’s end device (“self-service procedure”).
  4. The collected data is transmitted to our infrastructure and analyzed there (“verification procedure”).
  5. The result of the verification procedure is transmitted to the user and stored as an identification credential for future re-use via the Nect Wallet.
  6. The use of the identification credential in a subsequent Nect Ident procedure can shorten the steps described above, so that, for example, only a “selfie” is necessary to legitimize the use (authentication) of the identification credential.
  7. If personal identification is carried out at the instigation of a Partner (e.g., an insurance company or bank), the result will also be electronically communicated to the Partner after the user’s prior consent.

5. Nect Sign Procedure

  1. Nect enables you to digitally sign documents with an advanced (AES) or qualified electronic signature (QES). Partner companies also use the Nect Ident procedure for electronic signatures on their sites.
  2. Nect uses approved trust service providers for the creation of the necessary signature certificates. Explicit reference is made to the separate terms and conditions of the trust service providers before signing.
  3. To carry out the Nect Sign procedure for QES, an identification result from a Nect Ident procedure is required.
  4. After completing the Nect Ident procedure, the document to be signed (e.g., contract) is presented to the user.
  5. The AES or QES of the document is performed after confirmation by the user.

6. Nect Sign Procedure for Companies

If the user is a company within the meaning of § 14 BGB, the user can regularly first enter the data of the applying company on the Partner’s homepage under their own responsibility, before the user enters Nect’s scope of application.
  1. The company details are checked and/or supplemented via public and/or proprietary company registers. If necessary, the user may be asked to manually submit further company details, especially if the Partner company has not already collected them. However, this check is regularly carried out completely and automatically in the background.
  2. In the case of an electronic signature (AES or QES), the authorization to represent is also checked by Nect using digital and automated register checks. If the authorization to represent check is not successful, the user is entitled to authorize a third party with signing authority for them. However, this does not result in any obligation for Nect to investigate and/or inquire with the relevant public and/or proprietary commercial registers. Nect merely provides the user with the optional technical possibility in the Nect Sign procedure to upload the data of a third party with signing authority under their own responsibility. If the user wishes to make use of the optional authorization of a third party with signing authority in the Nect Sign procedure, the user alone, as the grantor of the power of attorney, is responsible for the legally binding issuance of the power of attorney. Nect and its employees, as well as any other employees or subcontractors engaged by it, do not verify the power of attorney declaration. In particular, Nect is not responsible for the accuracy of the stated data of the third party with signing authority, nor for the legal scope and/or effectiveness of the authorization.

7. Nect Box

  1. Nect provides private and business customers, as well as public bodies, with a platform that enables secure, data protection-compliant, and traceable digital delivery of electronic documents. The goal is to promote sustainable, legally compliant, and efficient digitalization of private, business, and official communication.
  2. The use of Nect Box is exclusively in accordance with applicable legal provisions, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), the eIDAS Regulation, and recognized technical and organizational security standards.
  3. Delivery takes place via a uniquely assigned profile with Nect. Based on known master and/or communication data, a matching with data identified within the Nect Ident solution ensures that documents are delivered to the legitimate recipients (users). After successful assignment, the user receives the electronic document directly in the Nect App.
  4. Users undertake to use Nect Box exclusively for the transmission of legally permissible content. Use for sending spam, illegal content, or unauthorized third-party data is prohibited.
  5. Nect assumes no responsibility for the content of the transmitted documents but guarantees the integrity, authenticity, and confidentiality of the transmission, as well as audit-proof logging of delivery processes, through appropriate measures.
  6. Within the scope of Nect Box, Nect provides functions for identity verification and qualified electronic communication. The responsibility for the factual accuracy and legal effectiveness of the sent documents lies with the respective user.
  7. Nect reserves the right to restrict or block the use of the platform in case of violations of these terms of use or suspected misuse.

8. User Account

  1. Upon acceptance of these terms of use, Nect automatically creates a user account and assigns an individual identification number.
  2. The use of and access to the user account (and thus the logs of established personal identifications) can be done both by using the Nect Ident procedure and by using comparably strong security factors.
  3. The user account may only be used for the functions described herein, in particular for proving the user’s identity and/or individual attributes (e.g., age) to third parties.
  4. Nect is entitled to suspend the user profile if the user culpably and seriously violates the provisions of these GTC or legal provisions. In such cases, Nect also has an extraordinary right of termination. Nect reserves the right to report the matter to the authorities in the event of criminally relevant violations by a user.
  5. The user can at any time demand, in accordance with Art. 17 GDPR, that their personal data stored by Nect be deleted. If they assert this right against Nect, Nect will – unless legal retention obligations exist – delete the entire user account and inform the user of this. A later restoration of the user account is not possible after deletion.

9. User's Obligations to Cooperate and Other Duties

  1. The identification services cannot be provided without the user’s cooperation. The user is therefore obliged to cooperate appropriately, e.g., by following the instructions on the procedure provided in the App.
  2. In particular, the user shall provide Nect with all information, data, records, documents, and information required for the identification service and registration completely and shall provide the necessary data completely, truthfully, and unadulterated.
  3. The ability to use Nect’s identification services also depends on the technical performance of the end device used by the user. It is the user’s responsibility to ensure the performance and compatibility of the respective end device.
  4. It is the user’s responsibility to take all necessary and appropriate security precautions, such as protecting their mobile device from malware or not disclosing the transmitted TAN to third parties.

10. Availability of Products, Procedures, and the App

  1. Nect strives to provide the services without interruptions. However, given the complex technical infrastructure, an average annual availability of a maximum of 98% is guaranteed.
  2. In particular, Nect reserves the right to temporarily restrict availability if this is necessary or advisable with regard to capacity limits, security or integrity of the servers, or for carrying out technical maintenance or repair measures, and if this serves the proper or improved provision of services. In these cases, Nect takes into account the legitimate interests of the users, providing users with information, especially in text form, for longer maintenance windows, provided an email address has been given.
  3. Nect provides the services and the App continuously. Regular operating hours for customer service are weekdays (excluding Saturday) from 9:00 AM to 5:00 PM CET. Maintenance is generally carried out by Nect between 6:00 PM and 7:00 AM, and exceptionally when maintenance work is necessary to maintain operations.

11. Remuneration

  1. The result of the Nect Ident and/or Sign procedure, as well as Nect Box, is generally used by Partners who require legally secure personal identification or electronic signatures from their customers or interested parties, or who need to ensure a secure exchange of documents or files with them. Users therefore do not pay any remuneration themselves for using the procedure.
  2. However, Nect reserves the right to make the use of the procedures subject to a fee for its users at a later date if this occurs without the involvement of Partners. However, any such change to the GTC will be communicated to the user in a timely manner within the framework of legal requirements, and an opportunity to object will be granted.

12. Indemnification

The user shall indemnify Nect against all third-party claims asserted against Nect due to unauthorized use of their access data or identification number, unless the user is not responsible for the unauthorized use by third parties.

13. Liability

  1. User claims for damages, regardless of the legal basis, are excluded.
  2. Expressly excluded from Section 13 lit. a. of these GTC are user claims for damages arising from injury to life, limb, health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty or fraudulent conduct by Nect, its legal representatives, or vicarious agents.
  3. Essential contractual obligations within the meaning of Section 13 lit. b. 3rd alternative of these GTC are those whose fulfillment is necessary for the provision of the services.
  4. In the event of a breach of essential contractual obligations within the meaning of Section 13 lit. b. 3rd alternative and c. of these GTC, Nect shall only be liable for the typical, foreseeable damage if it was caused by simple negligence, unless it concerns claims for damages by the user resulting from injury to life, body, or health.
  5. The limitations within the meaning of Section 13 lit. d. of these GTC also apply in favor of Nect’s legal representatives and vicarious agents if claims are asserted directly against them.
  6. The limitations of liability do not apply insofar as Nect has assumed a guarantee.
  7. Liability under the Product Liability Act remains unaffected.
  8. Without prejudice to the preceding provisions, contributory negligence on the part of the user – in particular, the inadequate provision of cooperation services, insufficient data backup, or a breach of other contractual obligations – reduces the amount of any claim for damages.
  9. The user is obliged to immediately notify Nect in writing of any damages within the meaning of the foregoing liability provisions or to have Nect record them, so that Nect is informed as early as possible and can potentially prevent further damages together with the user.
  10. Nect is only liable for the recovery of data if the user has taken all necessary and reasonable data backup measures, especially for secure storage and confidentiality, and has ensured that the data from machine-readable material can be restored with reasonable effort.

14. Right of Withdrawal, Instructions on Withdrawal, and Sample Withdrawal Form

  1. Right of Withdrawal
    You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period begins after receipt of these instructions in text form, but not before the conclusion of the contract and also not before the fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) as well as our obligations according to § 312g paragraph 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB.

    To exercise your right of withdrawal, you must inform us,
    Nect GmbH
    Großer Burstah 21
    20457 Hamburg
    privacy@nect.com

    by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
  2. Consequences of Withdrawal
    If you withdraw from this contract, all payments received from you by us, and in turn, all services and/or benefits (such as advantages of use) received by you from us, must be returned without undue delay, but no later than within 14 days from the day on which the notification of your withdrawal from this contract was received by us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees for this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already rendered up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.
  3. Exclusion of the Right of Withdrawal
    The right of withdrawal does not apply if, when concluding the legal transaction, you are acting predominantly in the exercise of your commercial or independent professional activity and are therefore to be regarded as an entrepreneur (§ 14 German Civil Code).
  4. Further Important Notice
    You expressly agree that we shall commence performance of the service before the end of the withdrawal period.

    – End of Instructions on Withdrawal –
  5. Sample Withdrawal Form
    (If you wish to withdraw from the contract, please fill out this form and send it back.) To:

    Nect GmbH
    Großer Burstah 21
    20457 Hamburg
    privacy@nect.com

    I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service

    Ordered on (*)/received on (*)
    Name of consumer(s)
    Address of consumer(s)
    Signature of consumer(s) (only for communication on paper)
    Date
    (Delete as appropriate.)

    – End of Sample Withdrawal Form –

15. Privacy

The processing of your personal data is carried out in accordance with our Privacy Policy.

16. Term and Resolutory Condition

  1. The GTC run for an indefinite period and can be terminated at any time with one month’s notice to the end of the month. The right to extraordinary termination remains unaffected for both parties.
  2. Since the Nect Ident procedure processes sensitive data within the meaning of Art. 9 GDPR, which requires explicit consent from the user, these GTC are subject to the resolutory condition of a withdrawal of consent by the user. The Nect Ident procedure and the resulting outcome form the basis of the Nect App’s service. Therefore, after the exercise of the right of withdrawal (even if only partially carried out) – subject to mandatory consumer protection regulations – Nect is no longer obliged to fulfill the contract.

17. Final Provisions

  1. These GTC and all contracts concluded between Nect and the user incorporating these GTC are subject to the law of the Federal Republic of Germany, excluding the conflict of laws. The applicability of mandatory consumer protection regulations remains unaffected by this.
  2. Nect is entitled to transfer its rights and obligations under the GTC regarding the use of the Nect Ident procedure and the App to one or more third parties (contract transfer). Nect will notify the user immediately upon knowledge of a planned contract transfer and the identity of the transferee. In this case, the user has the right to terminate with immediate effect.
  3. Nect may amend these GTC at any time, particularly if new regulatory needs arise due to the continuous technical development of the contractual services and the associated expansion of usage possibilities. However, such an amendment must not lead to the user no longer having access to the originally agreed functionalities. The amended GTC will be provided to the user at least four (4) weeks before they come into effect. Nect will also point out the amendment of these GTC on its website. If the user does not object to the applicability of the amended GTC within four (4) weeks after receiving Nect’s notification of the amendment to the GTC, the amended GTC shall be deemed accepted by the user. Nect undertakes to specifically inform the user in the notification of the amendment to the GTC about the legal consequences of their silence. If the user objects to the amendment of the GTC, Nect has a special right of termination with one month’s notice to the end of the month, which must be exercised within one month after receipt of the objection.
  4. Should individual provisions of these GTC be or become wholly or partially invalid or void, the validity of the remaining provisions of the GTC shall not be affected thereby. In this case, Nect and the user undertake to reach an agreement as soon as possible that replaces the invalid or void provision with a valid provision that comes closest to the intended purpose. The same applies in the event of a regulatory gap in these GTC.
  5. In case of complaints, the user can contact the European Online Dispute Resolution platform at any time, which can be reached at the following address: https://ec.europa.eu/consumers/odr/. However, Nect does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.

As of: June 2025