Terms and Conditions
General Terms and Conditions
General Terms and Conditions (GTC) for the use of the Nect Wallet
I. Scope of Application
- 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“).
- 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:
- Automated Video Ident – Capture of the user and identification documents via video, photo, and audio functions.
- eID – Capture of identification documents via video, photo, and NFC functions.
- ePass – Capture of identification documents via video, photo, and NFC functions, and capture of the user via video, photo, and audio functions.
- 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.).
- 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.
- 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.
- “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.
- 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.
- 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.
II. Contractual object and contractual parties
The Nect Ident procedure serves to facilitate the issuing of a digital means of identity for management and use in the App vis-à-vis Nect (see also Sect. 6 below) and third parties.
Users can confirm their identity to third parties, such as banks, insurance companies, providers of competitions and lotteries or signature service providers (hereinafter “Partners“), using said means of identity, for example if they wish to enter into a business relationship with the third party or already have a business relationship with them.
Under the terms of statutory regulations (e.g. Sect. 203 German Tax Code (StGB), German Money Laundering Act, German De-Mail Act, German Youth Media Protection Treaty, German Trust Services Act) Partners are often obliged to verify a User’s identity before they are permitted to enter into a business relationship with them. Nect functions as an independent service provider of Identification Services. Nect does not process transactions or payments between the User and the Partner. Nect does not function as a representative or messenger of the Partner. Services provided by the Partner are exclusively governed by the contractual terms and conditions agreed between the User and the Partner.
Within the scope of the Nect Ident procedure Nect will archive the outcome of identity verification for the term of the GTC for documentation and verification purposes; for renewed use and for identification of any subsequent identity theft.
Following completion of the verification procedure Nect informs the Partner of the outcome insofar as the User has consented to this.
Users can access the outcome of the Identification Services via the App.
III. Conclusion of the contract
The usage contract between Nect and the User will be deemed to have been concluded upon acceptance of the terms and conditions of use published in the App, independent of the outcome of the initial Nect Ident procedure.
Nect is primarily aimed at German-speaking Users who are over 16 years of age; Users must confirm this when registering to use the App.
Nect does not archive any other contractual texts in addition to these GTC and does not make them available to view on its website. The content of these GTC can, however, be viewed in the App at any time.
IV. The Nect Ident procedure (formerly known as the "Robo Ident" or "Selfie Ident" procedure)
In order to carry out the procedure, image and audio recordings of the identity document which is being used are first made.
Further authentication steps are carried out and depend on the type of document being used (identity card, passport, eID) and the type of procedure (such as identity verification, driving test).
In most cases the User takes a “selfie”. When doing so, the User will be asked to say two words. The recording is compared with the official photograph on the identity document.
Where the User is using an eID function, authentication can be carried out using the NFC chip. To do so, the User will be asked to enter their PIN.
The authentication is carried out using the video, photo, voice recording and/or NFC features of the User’s end device (“self-service procedure”).
The data which is collected is forwarded to our infrastructure, where it is analysed (“verification procedure”).
The outcome of the verification procedure is sent to the User and archived as a means of identification for future renewed use via the Nect Wallet.
Using the means of identification in a subsequent Nect Ident procedure can shorten the steps described above. For example, only a “selfie” will be required to legitimise use (authentication) of the means of identification.
Should verification of identity be carried out at the instigation of a Partner (e.g. an insurance company or bank), then, following the User’s prior consent, the Partner will also be electronically notified regarding the outcome.
V. The Nect Sign procedure
Nect enables you to digitally sign documents with an advanced (AES) or qualified electronic signature (QES). Likewise, partner companies use the Nect Ident procedure as part of the electronic signature on their sites.
Nect uses approved trust service providers to create the necessary signature certificates. Explicit reference is made to the separate terms and conditions of the trust service providers prior to the signature.
An identification result from a Nect Ident procedure is required to perform the Nect Sign procedure as part of the QES.
After completing the Nect Ident procedure, the user is presented with the document to be signed (e.g., a contract).
The AES or QES of the document is executed upon confirmation by the user.
VI. Nect Sign Procedure for Companies
If the user is a company within the meaning of § 14 BGB, the user typically first enters the applicant company’s data independently on the partner’s website before entering the scope of Nect.
The company information is verified and/or supplemented via public and/or proprietary company registers. If necessary, the user may be asked to manually provide additional company information, especially if the partner company has not already collected it. This verification is usually fully automated and performed in the background.
In the case of an electronic signature (AES or QES), the verification of signing authority is also carried out using digital and automated register checks by Nect. If the verification of signing authority is unsuccessful, the user may authorize a third party who is legally entitled to sign on their behalf. However, this does not impose any obligation on Nect to investigate or inquire with the relevant public and/or proprietary commercial registers. Nect merely provides the technical option for the user to upload the data of an authorized third party independently within the Nect Sign procedure. If the user chooses to authorize a third party in the Nect Sign procedure, the user alone is responsible for the legally binding issuance of the authorization. Nect and its employees, as well as any subcontractors it uses, do not verify the authorization declaration. In particular, Nect is not responsible for the accuracy of the data provided for the authorized third party, nor for the legal scope and/or validity of the authorization.
VII. Nect Box
Nect provides private and business customers as well as public authorities with a platform that enables secure, data protection-compliant and traceable digital delivery of electronic documents. The aim is to promote sustainable, legally compliant and efficient digitisation of private, business and official communication.
Delivery is carried out using the user’s unique profile on Nect. Once the item has been successfully assigned to a profile, the user receives the electronic document in the Nect app. To assign the item to a profile, the master data and/or communication data transmitted by the sender is compared with the data recorded as part of Nect Ident.
Use for sending spam, illegal content or unauthorised third-party data is prohibited.
Nect accepts no responsibility for the content of the transmitted documents, but takes appropriate measures to ensure the integrity, authenticity and confidentiality of the transmission as well as the audit-proof logging of the delivery processes. Nect is not responsible for the accuracy of the content or the legal validity of the documents sent.
VIII. User account
Nect will automatically create a user account upon acceptance of these Terms and Conditions of Use and assign a unique identification number.
The user account (and thus protocols documenting successful identity verification procedures) can be accessed and used either by carrying out the Nect Ident procedure or by using comparably strong security parameters.
The user account may only be used for the purposes described here, in particular to prove the User’s identity and/or individual attributes (e.g. age) to third parties.
Nect is entitled to block the user profile if the User commits culpable, serious breaches of these GTC or of statutory regulations. In such cases Nect will also have an extraordinary right of termination. Nect reserves the right to report criminal offences committed by a User to the authorities.
In accordance with Art. 17 GDPR Users may demand at any time that Nect erases their archived personal data. Should a User assert this right against Nect, then Nect will – insofar as there are no statutory archiving obligations – erase the entire user account and notify the User accordingly. It is not possible to retrieve user accounts once they have been erased.
Nect reserves the right to restrict or block use of the platform in the event of violations of these Terms of Use or suspected misuse.
IX. Obligations to cooperate and other user obligations
Identification Services cannot be performed unless the User cooperates. The User is thus obliged to provide appropriate cooperation, for example by following the instructions given in the App when carrying out a procedure.
Users will, in particular, provide Nect with all the information, data, papers and documents required to perform Identification Services and for registration and will provide the complete, truthful, unadulterated data which is required.
In addition to this, use of Nect’s Identification Services is dependent on the technical performance of Users’ end devices. Users are responsible for ensuring the performance and compatibility of the relevant end device.
Users are also responsible for taking all required and appropriate safety measures, such as protecting their mobile device against malware or not forwarding the TANs which they receive to third parties.
X. Availability of products, procedures and the App
Nect makes every effort to provide uninterrupted services. In view of the technical infrastructure’s complexity it is, however, only possible to guarantee maximum average annual availability of 98%.
In particular, Nect reserves the right to temporarily restrict availability if this is required or advisable with regard to capacity limits, security or server integrity or is necessary or advisable to carry out technical servicing or maintenance measures and this facilitates performance of services in an orderly or improved manner. In such cases Nect will take Users’ legitimate interests into consideration and will, in the case of longer-term maintenance windows, in particular provide Users with written information insofar as Users have provided email addresses.
Nect makes services and the App available continuously. In general, our Customer Service department is available on working days (excluding Saturdays) from 09.00 to 17.00 CET. As a matter of principle, Nect will carry out maintenance work in the time from 18.00 to 07.00 as well as, in exceptional cases, when maintenance work is required to maintain operations.
XI. Fees
The results of the Nect Ident and/or Sign procedures, as well as Nect Box, are typically used by Partners who require legally compliant identity verification or electronic signatures from their customers or potential customers, or who need to ensure secure document or file exchange. Users are therefore not required to pay any fees for using the procedures themselves.
Nect however reserves the right to introduce fees for Users to use the procedures at a later date if Partners are not integrated into them. Any such change to the Terms of Use will be communicated to the User in accordance with legal requirements, and users will be given the opportunity to object.
XII. Indemnification
XIII. Liability
Claims for damage by the User, for whatever legal reason, are excluded.
This does not apply to claims for damages by the customer resulting from injury to life, limb or health; breach of material contractual obligations (cardinal obligations) or liability for other damages resulting from intentional or grossly negligent breaches of obligation by Nect, its legal representatives or its vicarious agents.
Material contractual obligations are those whose fulfilment is required to perform services.
In the event of breaches of material contractual obligations Nect will only be liable for foreseeable damages typical for this type of contract if the breach was due to simple negligence, unless the end user’s claim for damages results from damages to life, limb or health.
These restrictions will also apply to the benefit of Nect’s legal representatives and vicarious agents if claims are asserted directly against them.
The restrictions to liability will not apply insofar as Nect has provided a guarantee.
Statutory liability under the provisions of the German Product Liability Act (Produkthaftungsgesetz) will remain unaffected.
Irrespective of the above-mentioned provisions, any contributory negligence on the part of the User – in particular insufficient fulfilment of obligations to cooperate, insufficient data security or breach of any other contractual obligations – will reduce the amount of damages which can be claimed.
Users are obliged to notify Nect in writing regarding any damages as defined in the above-mentioned liability provisions or to have them recorded by Nect so that Nect is informed of the damages as soon as possible and may, in cooperation with the User, be able to prevent further damage.
Nect will only be liable for the retrieval of data insofar as the User has taken all necessary, appropriate data security precautions, in particular regarding secure storage and confidentiality, and has ensured that the effort required to retrieve data originating from data material which is stored in a machine-readable form is reasonable.
XIV. Right of withdrawal and information on withdrawal, template for withdrawal notification
a. 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 this instruction in text form, but not before the conclusion of the contract and also not before we have fulfilled our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations pursuant to § 312g paragraph 1 sentence 1 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, Germany
privacy@nect.com
by means of a clear declaration (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period in time.
b. Consequences of withdrawal
If you withdraw from this contract, all mutually received payments that we have received from you, concurrently with the services and / or benefits (such as benefits of use) received by you, are to be repaid immediately, but no later than 14 days from the day on which the notification of withdrawal from this contract is received by us. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify 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.
c. Exclusion of the right of withdrawal
The right of withdrawal does not apply if you are acting in a predominantly commercial or self-employed professional capacity when concluding the legal transaction and you are therefore to be regarded as an entrepreneur (§ 14 BGB).
d. Further important notice
You expressly agree that we may commence performance of the service before the end of the withdrawal period.
End of the withdrawal policy
e. Template for withdrawal notification
(If you wish to withdraw from the contract, please complete this template and return it to us.) To:
Nect GmbH
Grosser Burstah 21
20457 Hamburg, Germany
privacy@nect.com
I/We (*) herewith withdraw from the contract which I/we (*) concluded concerning performance of the following service
Ordered on (*)/ received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature(s) of the consumer(s) (only for notifications made on paper)
Date
(Delete as applicable.)
End of the template for withdrawal notification
XV. Data protection / Privacy
Processing of your personal data will be carried out in compliance with our data protection / privacy declaration.
XVI. Duration and resolutory condition
These Terms of Use are valid for an indefinite period and may be terminated by either party with one month’s notice to the end of the month. The right to extraordinary termination remains unaffected for both parties.
Since the Nect Ident procedure involves sensitive data within the meaning of Article 9 GDPR, which requires the user’s explicit consent, these Terms of Use are subject to the condition subsequent of the user’s withdrawal of consent. The Nect Ident procedure and its resulting outcome form the basis of the Nect App’s services. Therefore, upon (even partial) exercise of the right of withdrawal – subject to mandatory consumer protection laws – Nect is no longer obligated to fulfill the contract.
XVII. Concluding provisions
These GTC and all contracts concluded between Nect and the User incorporating these Terms are governed by the laws of the Federal Republic of Germany, excluding conflict of law provisions. The applicability of mandatory consumer protection regulations remains unaffected.
Nect is entitled to transfer its rights and obligations arising from the contract concerning use of the Nect Ident procedure and the App to one or more third parties (contract transfer). Nect will notify the User without delay regarding any planned contract transfer and the identity of the party taking over the contract after it becomes aware of this transfer. In such cases the User is entitled to terminate the contract immediately.
Nect may amend these General Terms and Conditions at any time, in particular if the ongoing technical development of the contractual services and the associated expansion of usage options necessitate new regulations. However, such amendments must not result in the user no longer having access to the originally agreed functionalities. The amended Terms and Conditions shall be made available to the user in good time before they come into force. If the user does not object to the validity of the amended Terms and Conditions within four (4) weeks of receiving notification from Nect about the amendment, the amended Terms and Conditions shall be deemed to have been accepted by the user. Nect undertakes to inform the user separately of the legal consequences of their silence. If the user objects to the change, Nect has a special right of termination with a notice period of one month to the end of the month, which must be exercised within one month of receipt of the objection.
Should individual provisions of this contract be or become fully or partially ineffective or void, then this will not affect the validity of the remaining provisions of the contract. In such cases Nect and the User undertake to arrive as soon as possible at an agreement which replaces the invalid or void provision with a valid provision coming as close as possible to the desired purpose. The same will apply in the event of a loophole in these GTC.
Should Users have a complaint, then they can contact the European online dispute resolution platform at any time. The platform can be accessed at the following address: http://ec.europa.eu/consumers/odr/. Nect does not, however, participate in any dispute resolution processes offered by a consumer arbitration body and is not obliged to do so.