Terms And Conditions of ZATAP

V1.0 – 01.09.2023

1 Scope

These terms and conditions (“Terms“) apply to the access to and the use of the ZATAP app (the “App“), a platform to collect “digital twins” of physical objects and related services (together the “Services“), offered by collectID AG, Neumarkt 11, 8400 Winterthur, Switzerland (“Company“).

To access or use the Services, you (“End-User“) have to agree to these Terms by acceptance.

These Terms, together with all other referenced documents, form a legally binding agreement (“Agreement“) between the Company and the End-User.

The Services are provided exclusively to persons who are at least 13 years of age. The End-User represents and warrants that they are not a person or entity barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction. Accounts registered by bots or automated methods are not authorized and will be terminated.

2 Services

The Company is a technology service provider offering brands (“Brands“) a solution to connect physical products issued by each Brand to the digital world. The technology creates “digital twins” (“Digital Twin“) of physical items which allow the End-Users to interact with Brands, receive benefits and authenticate physical products.

Each physical product is equipped with a unique Near-Field Communication (“NFC“) tag (combined the “Physical Product“). End-Users can check the Physical Product’s authenticity by scanning the NFC tag with their smartphone, and after purchasing the Physical Product register their ownership of the Physical Product via the App and get access to the Digital Twin linked with a Non-Fungible Token (“NFT“).

The End-User can store the NFT with the Company or in a third-party wallet connected to the App. As long as the third-party wallet containing the NFT remains connected to the App, the Digital Twin is active and verified.

Transferring ownership of the NFT and the Digital Twin is only allowed in combination with the Physical Product and can only be confirmed via the App. Selling the NFT or the Digital Twin without the Physical Product is prohibited, and doing so may result in deactivation of the Digital Twin.

In case the NFT is transferred to a third party’s wallet not connected to the App, Company may decide to deactivate the Digital Twin.

3 Registration

The End-User may need to register an account to access and use all or part of the Services.

The End-User must provide accurate, current, and complete information during registration and keep their account information up-to-date. Accounts registered by bots or automated methods are not authorized and will be terminated.

The End-User is responsible for maintaining the confidentiality and security of their account credentials and may not disclose their credentials to any third party. The End-User is responsible and liable for activities conducted through their account and must immediately notify the Company if there is any suspicion that their credentials have been lost, stolen, or their account is otherwise compromised.

4 Rights & Obligations of Company

The Company will provide the End-User with the Services as agreed in the Agreement.

The Company:

5 Rights & Obligations of End-User

The End-User agrees to use the Services in compliance with the Agreement and all legal and moral obligations applicable in the territory where they are located.

The End-User is obliged to:

If the provision of Services under this Agreement is delayed due to the End-User’s failure to comply with his duty to cooperate or due to other circumstances for which the End-User is responsible, the End-User shall bear the disadvantages and additional costs incurred.

The End-User is not allowed to sell, sublicense, allow access or make the unique NFC Tag available to third-parties independently from the physical object.

6 Term & Termination

The Company reserves the right to suspend or terminate the End-User’s access to the Services or delete the End-User’s account at any time if

The End-User may at any time stop using the Services and delete their account.

Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.

7 Intellectual Property

Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, source codes, data and other intangible property rights (“Intellectual Property Rights“).

Where applicable and only to the extent necessary, each party grants the other party a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to the Intellectual Property Rights required to fulfil the Agreement.

8 Data Protection

The Company collects and processes personal data as described in its Privacy Policy available in the App. The Company protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.

The End-User authorizes the Company to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve its services or for analysis purposes.

9 Liability & Indemnity

The Company is fully liable to the End-User for damages resulting from the Company’s gross negligence or wilful misconduct. In all other cases, the Company’s liability under the Agreement is excluded to the maximum extent permitted under applicable law.

The Company will not be held liable for inaccuracy or incompleteness of the Services or the information provided by End-User, or the incompatibility of the Services with any specific objectives that the End-User is hoping to achieve

10 Warranties & Representations

The End-User acknowledges that the Services are provided “as is” and “as available”, and the Company makes no warranties or representations of any kind related to the Services or the information and materials contained thereon. The Company makes the Services available to the End-User and uses reasonable care and skill in the performance of the Services.

The Company does not guarantee that the Services are error-free and will function without any interruption or disruption. The Company may at its own discretion carry out maintenance or improvements to the Services and its infrastructure, and the End-User acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, the Company will inform the End-User about potential interruptions in advance. Any further warranty is excluded.

11 Push Notifications

The End-User may agree to receive push notifications, which may include important updates, offers, and relevant information from the Company. End-User can manage notification preferences in the App settings.

12 Miscellaneous

Entire Agreement: The Agreement constitutes the entire agreement between the Company and the End-User, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement.

Changes to Terms: The Company may, from time to time, change these Terms. End-User should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. The End-User’ continued use of the Services following any amendments indicates acceptance of the changes to the Terms.

Notices: Notices must be given in via electronic means and need to be communicated:

Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.

Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of the Company has jurisdiction for all disputes arising from or in connection with the Terms.

Links: The Services may contain third-party content or links to third-party websites. The Company does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.

13 Contact us

If you have any questions about these Terms And Conditions, please contact us at:

collectID AG
Neumarkt 11
8400 Winterthur