DESMO LABS

Terms and Conditions

Last Updated: June 2023

Terms and Conditions

This User Agreement (hereinafter referred to as the “this Agreement”) is entered into between Desmo Labs SAS (hereinafter referred to as “Desmo” or “us” or “We”) and the individual (hereinafter referred to as the “User”) using the Service of Source.ID and D/Wallet. Before the User begins to use the products and Service provided by Desmo on the D/Bond or Debond platforms, as well as D/Wallet and Source.ID, please read this Agreement carefully, especially the provisions regarding exemption or limitation of liability, applicable law, and dispute resolution. Among them, the provisions concerning exemption or limitation of liability and contact information will be highlighted in bold for your attention, and you should read them carefully. Unless you fully accept all the contents of this Agreement, you have no right to download, install, register, or use D/Bond or Debond, as well as D/Wallet and Source.ID. This Agreement includes the following terms and conditions.

Unless otherwise specified, the terms used in this Agreement have the same meanings as defined in Article 1 Definitions.

1. Definitions

1.1 “Authorized Device” refers to the mobile phone, computer, or other devices that can be used to access and use the Services.

1.2 Content” refers to the code, content, fonts, graphics, designs, documents, or materials created or imported by the user in the Service.

1.3 “Documentation” refers to the technical materials provided by Desmo in electronic form, describing how to use and operate the products or Service.

1.4 “Services” refer to all proprietary products and Service provided by Desmo, including but not limited to downloadable desktop and App, products, tools, etc. 

1.5 “D/Wallet” refers to the wallet for managing digital identities and assets, operated through a web page or mobile browser plugin.

1.6 “Source.ID” refers to a functional Module within D/Wallet, where Users can view their own information, including but not limited to surname, first name, date of birth, place of birth, and address, by entering a password in the Source.ID interface.

1.7 “Modules” refer to the modules provided within the D/Wallet service, all of which are created by Desmo.

1.8 “User” refers to the natural person accessing and using the D/Wallet service.

2. General

2.1 Eligibility

By using our Services and signing the Agreement, the user acknowledges that they are an adult with the legal capacity to enter into this user agreement as a competent party under applicable law. They also agree to be legally bound by the terms of this Agreement, including the Cookie Policy and Privacy Policy.

2.2 Modifications

We reserve the right to change the terms of this Agreement at any time. Any such changes will be effective upon posting on the website or when the User uses the Service. It is the User’s responsibility to carefully review this Agreement each time they use the Service, and by continuing to use the Service, the User acknowledges and agrees to be bound by this Agreement.

2.3 Compliance with Applicable Laws

The User’s relationship with Desmo and the use of any Service may be subject to the laws, regulations, and rules (referred to as “Applicable Laws”) of the User’s jurisdiction or the jurisdiction of Desmo’s government or regulatory authorities. By entering into this Agreement, the User agrees to comply with all Applicable Laws.

3. Account Registration and Module Features

3.1 Account Registration

To use the D/Wallet service, the User needs to register and create an account on the D/Wallet login interface.

  • Link Account: The User could link their D/Wallet with social media accounts or email accounts such as Google, Facebook, Youtube, or other third-party platform accounts including but not limited to Github, ENS Name. Once the User associates their D/Wallet with any of the forementioned accounts, they will receive an ID Token.
  • Create Password: After receiving the ID Token, the User will be directed to the Create Password page. Upon completing the password setup and clicking confirm, the User can log into D/Wallet.
  • Seed Phrase Setup: The purpose of the Seed Phrase is to provide a reminder in case the User forgets their Private key. The system will generate a random Seed Phrase and prompt the User to save it. The Seed Phrase is stored locally on the User’s hard drive and is encrypted with a password. The User needs to provide the password to retrieve the Seed Phrase from their hard drive.
  • Accessing D/Wallet:
    • Enter the password set in the previous steps.
  • D/Wallet will configure a dedicated private key for the User to encrypt the account data. There are three ways to enter the private key:
  1. Upload or directly drag and drop a local file, provided that the User has prior access permission to the local file.
  2. Copy and paste the private key text.
  3. Enter the mnemonic phrase to obtain the private key.
  • Agree to this Agreement: After completing the above steps, the User will be redirected to the Terms Welcome page. At this stage, it is required for the User to carefully review the terms of the agreement and provide consent by selecting the checkbox indicating this Agreement. Then the User will successfully finalize the registration process.
  • Open Settings Menu: After logging into D/Wallet, the User could go to the Settings Menu to configure or modify Language, Security&Privacy, Linked Account, Seed Phrase, Private Key, and Password.

Desmo reserves the right to maintain the Service and features of D/Wallet as it deems necessary. Each account and password is strictly bound to a single individual and sharing one account among multiple individuals is prohibited. All Users must be natural persons. The use of “bots” to register accounts is not allowed.

3.2 Module Function

The D/Wallet interface will consist of two functional modules: Source.ID and Assets.

3.2.1 Source.ID

The Source.ID interface displays Users’ personal data after their verification (certain information is displayed in encrypted form and can only be decrypted after entering the password). It incorporates a Know Your Customer (KYC) system provided by a third-party provider (TOGGLE LIMITED). When Users click on the “Apply ” button, D/Wallet transfers the token containing the User’s information to the third-party provider for verification. Once the verification is completed by the third-party, the User’s information is returned to D/Wallet. D/Wallet will store the aforementioned information on AWS Cloud Services located in France and generate a DID based on the user’s information and store it on the user’s local hard drive. If the user has not completed the aforementioned identity verification, they can use D/Wallet in an anonymous state. If the user no longer wishes Desmo to store their information, they can click “Revoke” to delete the existing DID.

After the verification process, Users can view their Source.ID and Hash ID, Signature, Public Key, the Issuance Date, Expiration date (which must be earlier than the document’s validity period verified by the third-party), the name of the third-party authentication provider, and the name of the issuer in the Source.ID interface.

The DID interface displays information such as Certificate Type, Sex, Place of Issuance, Issuance Date, Expiration Date, Issuer, Document Number, Nationality, First Name, Given Name, And Date Of Birth etcfa. For more details, please refer to the Service Usage Documentation provided by the Desmo.

3.2.2 Assets

Assets is the trading interface for digital assets. Users can sort the digital products by SYMBOL, BALANCE, and PROGRESS by clicking on the small triangle icons in the header of the Assets interface. The gear icon on the right allows for attribute replacement.

Once a specific digital product is selected, Users can transfer, redeem, or purchase it.

4. Access to Services

4.1 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use D/Wallet in accordance with the terms of the agreement.

4.2 Identification

You must properly safeguard all Identification associated with the service. You are fully responsible for the security of any information related to such Identification and agree that Desmo is not liable for any unauthorized access or any damages you may suffer as a result. You shall not hold Desmo responsible for any such unauthorized access or damages.

4.3 Compliance

Users access to one or more Service is subject to creating a User account and complying with our onboarding process and compliance requirements. “Compliance requirements” refer to the requirements set by Desmo to verify information about Users, either for our business risk management purposes or to comply with Applicable Law requirements. The information we require includes, but is not limited to, personal identification information such as IP address, name, email address, address, phone number, date of birth, and government-issued identification. During the initial registration, you will submit above information through the built-in third-party KYC system. The third-party KYC system will verify the data, and if it meets our requirements, the system will return the verification results to Desmo. Desmo will store all User information. If you do not wish Desmo to store your information, you can contact us for deletion. Please note that deleting your information may result in the partial loss of functionality in D/Wallet.

4.4 Termination

Desmo may, at any time and for any reason, close, terminate, enable, or disable any portion or all of the Service or prohibit your access to D/Wallet. In the event of your violation of this Agreement, Desmo reserves the right to take appropriate measures to ensure proper use and protect the rights of other Users. These measures may include, but are not limited to:

Blocking or restricting your requests: If you engage in malicious use, intentionally interfere with the operating system, or engage in any behavior that violates this Agreement, Desmo has the right to temporarily or permanently block or restrict your requests to prevent further abuse and protect the normal experience of other Users.

Prohibiting access: For severe violations of the user agreement, Desmo may take measures to prohibit your further access to D/Wallet. These measures may include, but are not limited to, temporarily or permanently banning your account, IP address, or device from accessing D/Wallet.

If your severe violation of this Agreement constitutes a criminal offense, we reserve the right to pursue legal remedies under Applicable Laws, including but not limited to reporting your illegal activities to law enforcement agencies and initiating civil litigation.

5. Digital Asset Risks

Please note that all transactions involving digital products, virtual currencies, and digital wallets involve significant risks. Therefore, you should carefully consider whether our Service are suitable for your financial situation. When considering the purchase of digital products , you should be aware that the price or value of digital products can fluctuate rapidly, decline, and even fall to zero. Past performance is not indicative of future results. You acknowledge that we are not responsible for any losses of digital products due to theft, loss, or improper handling of keys beyond our control.

We are not responsible for any digital products market and do not make any representations or warranties regarding the authenticity or value of digital products priced in any quoted currency. While we may provide historical and/or real-time data on digital products prices, we make no representations regarding the quality, applicability, accuracy, completeness, or usefulness of such data, and you should not rely on such data for any reason. You understand and agree that the value of digital products is volatile, and we shall not be liable or legally responsible for any losses that may arise from your use or transfer of digital products related to our Service.

We do not provide investment advice, and any content on our website should not be construed as a substitute for personalized investment advice. The content of our website and Service should not be used as a basis for making investment decisions.

Regarding third-party offering Service through D/Wallet, Desmo hereby emphasizes the following to raise User awareness of investment risks:

Desmo is not responsible for any losses, data breaches, or other issues caused by third-party service providers. When using third-party Service through D/Wallet, Users should assess and assume the corresponding risks.

Subject to legal and judicial requirements, Desmo will cooperate with law enforcement agencies and provide all necessary content and information, including but not limited to User account information and transaction records. In such cases, Desmo will make every effort to protect user privacy but may not have control over the use and disclosure of such information by the judicial authorities.

6. Intellectual Property

6.1 Unless otherwise stated, all intellectual property rights and any content related to Desmo provided by us are owned by us and protected under intellectual property laws.

6.2 Users accept and acknowledge that the materials and content contained in or published on Desmo are intended solely for personal, lawful, non-commercial use, and Users may only use such materials and content in accordance with this Agreement.

6.3 Users further acknowledge that it is strictly prohibited to use any other content from Desmo and agree not to infringe upon our intellectual property rights or allow others to do so.

6.4 Users are prohibited from selling or modifying materials obtained or created from Desmo. Users are also prohibited from copying, displaying, publicly performing, transmitting, or using such materials in any other way for any public or commercial purpose. It is strictly prohibited to share such materials on any other website or through file-sharing for any purpose. Users may not copy any materials or content obtained or created from D/Wallet without our express written consent.

6.5 We reserve all rights not expressly granted in this agreement to use the materials contained in D/Wallet.

6.6 Accuracy of Information

We strive to verify the accuracy of any information displayed, provided, transmitted, or sourced from the services. However, such information may not always be accurate or up to date. Therefore, before relying on the information, Users should independently verify all information and assume full responsibility for any decisions or actions based on such information. We do not provide any form of express or implied, statutory, or other representations or warranties regarding the service content, information, and functionalities obtained through the Services, any hyperlinks to third-party websites, the security of information transmitted through the Services, or any websites linked to the Services.

6.7 Third-Party Services and Content

When using third-party service, Users may view content or service provided by third parties, including web pages and links to such third-party service (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and are not responsible for any Third-Party Content. Furthermore, any transactions or communications between Users and third parties are solely the responsibility of the above involved parties. We are not liable or legally responsible for any losses or damages incurred as a result of any such transactions, and Users assume all risks associated with the use of Third-Party Content.

7. Declarations, Indemnification And Liability Limitations

7.1 Service Usage Policy

When accessing or using the service, Users are responsible for their actions. Without violating the aforementioned rules, Users agree not to:

  • Use the service in any way that may interfere with, obstruct, harm, or prevent other Users from enjoying the Services, or use the Services in any way that may damage, disable, overload, or impair its operation. 
  • Engage in any illegal activities, including but not limited to illegal gambling, fraud, money laundering, or terrorist activities, using the service for payment, support, or any other means.
  • Use any web robots, crawlers, scrapers, or other automated means or interfaces not provided by us to access our Service or extract data.
  • Use or attempt to use someone else’s password or private key to access D/Wallet without authorization.
  • Attempt to circumvent any content filtering technologies we employ or attempt to access any service or domain of us that you are not authorized to access.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful materials to the service.
  • Develop any third-party applications that interact with our service without prior written consent.
  • Reverse lookup or trace any information of other Users or visitors, or use the Service in any other way to obtain information about any other User or visitor.
  • Transmit spam emails or other unsolicited emails.
  • Impersonate others or misrepresent your relationship with a person or entity, engage in fraud, conceal or attempt to conceal your identity.
  • Interfere or attempt to interfere with the normal operation of the Services or any content, or connect to any system or network associated with the Services or disrupt the use of the Services by any other person.
  • Analyze personal or natural person group data for illegal or discriminatory purposes or in any other way.
  • Store or collect any personally identifiable information that is considered sensitive or requires special protection under Applicable Laws, such as social security numbers, password, and credit card information.
  • Decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code of any software component used to compile or interpret the service.
  • Modify documents or create any derivative works from the aforementioned content without prior written consent from Desmo.
  • Use the service to build similar or competitive products or Service.
  • Provide false, inaccurate, or misleading information.
  • Encourage or induce others to engage in any activities prohibited in this Agreement.

Users agree that any content they upload will not violate any laws or infringe upon any third-party rights, including but not limited to any intellectual property, publicity, or privacy. Users shall not use D/Wallet for the following purposes or in the following manner:

D/Wallet:

  1. For illegal purposes.
  2. In a manner that may harm the reputation of Desmo.
  3. Infringe upon third-party intellectual property rights, violate or cause Desmo to violate Applicable Law+.
  4. Probe, scan, or test any system or network for vulnerabilities or violate or circumvent any security or authentication measures, including measures to prevent or limit the use or copying of content or enforce restrictions on access to Service or materials accessible through the following means.
  5. Pose risks of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to Users, any other person, any animal, or any property.
  6. Harm or exploit children by displaying inappropriate content, soliciting personal identification information, or any other means.
  7. Constitute or facilitate criminal or tortious behavior.
  8. Contain any information or content that Desmo deems illegal, harmful, abusive, racially or ethnically offensive, defamatory, infringing, harassing, insulting to others (publicly or otherwise), defamatory, threatening, profane, or otherwise objectionable.
  9. Contain software or other materials that infringe upon any third-party intellectual property rights (or privacy or publicity rights).
  10. Contain any unlawful information or content (including but not limited to insider information or another party’s trade secrets) according to securities laws.
  11. Contain any information or content that Users know to be incorrect and not up-to-date.
  12. Have adult-oriented content, such as nudity involving sexual content or any content with adult themes.
  13. Use the service for any purpose other than the content determined under this agreement.

7.2 Disclaimer

Desmo is not responsible for any express, implied, or statutory commitments, representations, or warranties, including but not limited to any warranties of merchantability, fitness for a particular purpose, accuracy of data, system integration, ownership, non-infringement. Unless otherwise expressly provided in this Agreement, Users acknowledge that Desmo does not directly provide any guarantees for the benefit of any Users under this Agreement, and Desmo’s obligations under this Agreement are solely for the benefit of the Users and not for the benefit of any other person. Unless otherwise specified in this Agreement, Users acknowledge that they have not relied on any statements or warranties made by Desmo or its affiliates when entering into this Agreement.

7.3 Limitation of Liability

In no event, whether based on contract, tort, negligence, strict liability, or otherwise, even if Desmo’s authorized representative has been advised, known, or should have known of the possibility of any loss of profits or any special, consequential, indirect, incidental, or subsequent damages arising from or in connection with the authorized or unauthorized use of the service or this agreement, Desmo, its affiliates and third party service providers, or their respective officers, directors, agents, employees, or representatives shall not be liable for the following losses:

  • Any failure, unexpected or unplanned manipulation of computer or cryptocurrency networks, including but not limited to losses related to hacker attacks or network security breaches.
  • Any changes in laws, regulations, or policies.
  • Force majeure events.

7.4 Indemnification

If any and all claims, demands, actions, damages, losses, costs, or expenses, including reasonable legal fees, arise or are related to the following actions, you agree to indemnify and hold harmless Desmo and its affiliated companies, subsidiaries, directors, managers, members, officers, and employees: (a) any third-party claims arising from your use of D/Wallet; (b) any violation of this Agreement or any other policy; (c) your submission of false, incomplete, or misleading information for identity verification and source of funds; or (d) the infringement of any other person’s or entity’s rights. However, Users are not required to indemnify Desmo for claims or losses arising from Desmo’s gross negligence or willful misconduct. This indemnification provision shall apply to the successors and assigns of the Users and shall remain in effect even after the termination or cancellation of this Agreement.

8. Confidentiality

8.1 Confidential Information: Any information disclosed by one party to the other during the term of this Agreement, whether in written form designated as confidential at the time of disclosure or reasonably understood to be confidential based on its nature, regardless of whether it is oral, written, graphic, electronic, or in any other form, shall be deemed as “Confidential Information”.

8.2 Exceptions: The following exceptions apply if the receiving party can demonstrate through written evidence that the information:

  • Has been disclosed publicly without the fault of the receiving party.
  • Has been lawfully conveyed to the receiving party by individuals not bound by confidentiality obligations.
  • Was already in possession of the receiving party at the time of disclosure, without any obligation of confidentiality.
  • Has been approved in writing by the disclosing party for public release or disclosure by the receiving party.

8.3 Confidentiality: During the term of this Agreement, either party may disclose confidential information to the other party. The parties agree that all materials relating to confidential information shall remain the exclusive property of the disclosing party.

8.4 Legal Disclosure Requirements: Notwithstanding the aforementioned provisions, each party may disclose confidential information within the necessary and limited scope to comply with orders from a court or other governmental entity and applicable laws. However, the receiving party shall provide prior notice to the disclosing party (to the extent permitted) and assist the disclosing party in limiting such disclosure as reasonably requested.

9. Other Matters

9.1 Force Majeure

In the event of any force majeure events that prevent compliance with this Agreement by any party, such non-compliance shall not be considered a violation of this user agreement, and no party shall claim any loss or damage as a result. “Force majeure” refer to any events beyond the reasonable control of a party, including but not limited to epidemics, floods, severe weather conditions, earthquakes or other natural disasters, fires, wars, rebellions, riots, labor disputes, accidents, government actions, communication or power failures, or equipment or software malfunctions. 

9.2 Taxes

The User is responsible for determining any taxes (if applicable) that they may be required to pay as a result of using the Service. The user is also responsible for reporting to the appropriate tax authorities and remitting the correct taxes. Desmo is not responsible for determining any taxes arising from the User’s use of the Service or for collecting, reporting, withholding, or remitting any taxes related to currency transactions.

9.3 Severability and Modifications

If any provision of this Agreement is found unenforceable under Applicable Law, it will not affect the validity or enforceability of the remaining provisions. If any provision of this user agreement is deemed unenforceable in a judicial proceeding, the court with proper jurisdiction may modify such provision to make it enforceable. We will interpret the provisions of this Agreement to preserve their legality and enforceability.

9.4 Assignment

This Agreement is binding upon the successors, heirs, estate representatives, and assigns of the User. Users may not assign or transfer any rights or obligations prescribed by this Agreement without prior written consent from Desmo, which Desmo may refuse at its sole discretion.

9.5 Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the subject matter described herein and supersedes all prior written or oral agreements and understandings between the parties. Subsequent discussions or negotiations between the User and us may only modify or become part of this Agreement through a written amendment explicitly referencing the last updated date and name of this Agreement.

9.6 Term

This user agreement is valid from the date of User registration until the date of account termination. 

9.8 Contact Information

Users can contact us by sending an email to info@d-labs.org.

10. Feedback Information

We strive to improve our Service and address feedback issues. We welcome any ideas or suggestions from Users regarding the improvement of our Service. However, the submission of any information should comply with the provisions of this Agreement.

In any case, we shall not have any confidentiality obligations or liability for any suggestions or feedback information or any related materials submitted to Desmo publicly.

11. Legal Applicability and Dispute Resolution

The establishment, effectiveness, performance, interpretation, and resolution of disputes of this Agreement shall be governed by the laws of French Republic. If any provision of this Agreement is found to be invalid due to conflict with the laws of French Republic, the provisions shall be reinterpreted to the extent possible to reflect the original intent of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. 

The place of signing this Agreement is the registered location of Desmo Labs SAS in French Republic. In the event of a dispute between User and Desmo arising from this Agreement, the parties shall attempt to resolve it amicably through negotiation. If the negotiation fails, User agree to submit the dispute to the competent court with jurisdiction in the registered location of Desmo Labs SAS.

12. Terms Update

We may, at our sole discretion, decide to modify and update the terms in this Agreement from time to time. All terms become effective immediately upon our publication and apply to all future access and use of D/Wallet.

By continuing to use this website or App after the revised terms of service have been posted, Users indicate their acceptance and agreement to these changes. Desmo hereby advises Users to review the user agreement each time they access D/Wallet to stay informed about updates to the user agreement.