Terms & Conditions

Effective Date: Apr 20, 2025

1. Introduction

Welcome to zkPass. These Terms and Conditions (“Terms”) govern your access to and use of the zkPass website www.zkpass.org (the “Site”), the zkPass protocol, software development kits (SDKs), and all related applications, services, or content (collectively, the “Services”).

zkPass is a decentralized protocol that enables users to generate verifiable proofs of data ownership and authenticity using zero-knowledge cryptography and 3P-TLS technologies. The protocol is designed so that proofs of data may be disclosed without requiring disclosure of the underlying data itself.

By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and any other notices, policies, or guidelines referenced herein. If you do not agree, you must not use the Site or Services.

2. Definitions

For the purposes of these Terms:

• “zkPass,” “we,” “our,” or “us” refers to the zkPass Association, a non-profit association established under the laws of Switzerland, and its affiliates.

• “User,” “you,” or “your” refers to any individual or entity that accesses or uses the Site or Services.

• “Services” means the zkPass protocol, SDKs, developer tools, applications, websites, and related infrastructure made available by zkPass.

• “Protocol Data” means zero-knowledge proofs (ZKPs), zkSBTs, cryptographic keys, and other cryptographic artifacts generated by users when interacting with the zkPass protocol. Protocol Data is created locally on the user’s device and not stored by zkPass.

• “Site Data” means technical information collected when you access the zkPass Site, such as IP addresses, browser type, or cookies, as further described in our Privacy Policy.

• “Materials” means all content, trademarks, logos, documentation, protocol specifications, interfaces, and source code made available through the Site or Services.

• “Compute Gas Fees” means computational or cryptographic resource costs associated with certain operations of the zkPass protocol, analogous to gas fees in blockchain networks.

• “Applicable Law” means all laws, regulations, and rules that apply to your use of the Site or Services, including those relating to blockchain, data protection, export control, and financial compliance.

3. Acceptance of Terms

3.1 Binding Agreement

By accessing, browsing, or using the Site or Services, you agree to be legally bound by these Terms and represent that you have the legal capacity and authority to enter into a binding contract.

3.2 Additional Policies

These Terms incorporate by reference our Privacy Policy and any other guidelines, notices, or disclaimers published on the Site. By accepting these Terms, you also agree to comply with those additional policies.

3.3 Updates to Terms

zkPass may amend or update these Terms from time to time. Updates will become effective upon publication on the Site, unless otherwise required by law. Your continued use of the Site or Services following any update constitutes your acceptance of the revised Terms.

3.4 No Use if Disagreement

If you do not agree with these Terms or any future modifications, you must immediately cease all access to and use of the Site and Services.

4. User Eligibility

4.1 Age Requirement

The Services are intended only for individuals who are at least 18 years of age. By using the Site or Services, you represent and warrant that you are 18 years or older.

4.2 Legal Capacity

You represent that you have the full right, power, and authority to enter into and comply with these Terms on behalf of yourself or the entity you represent.

4.3 Prohibited Jurisdictions

Access to the Services is restricted in jurisdictions where the use of blockchain technology, cryptographic proofs, or digital assets is illegal or otherwise prohibited. A list of supported countries and regions is provided in Section 11 (Service Availability and Jurisdictional Restrictions). If you are located in, or a resident of, a prohibited jurisdiction, you must not use the Services.

4.4 Compliance Obligations

You are solely responsible for ensuring that your use of the Services complies with all Applicable Laws, including but not limited to data-protection, financial, and export-control regulations in your jurisdiction.

5. User Data and Responsibilities

5.1 Non-Custodial Protocol

zkPass is a non-custodial protocol. We do not access, store, or process Protocol Data generated by users. All cryptographic operations, including generation of zero-knowledge proofs, are performed locally on your device or browser.

5.2 User Responsibility for Keys and Proofs

You are solely responsible for managing your private keys, proofs, and any data submitted or derived through the protocol. zkPass has no ability to recover lost keys or proofs.

5.3 Accuracy of Data

You are responsible for ensuring the accuracy and completeness of any data you submit to generate proofs. zkPass does not guarantee that any proof or claim will be accepted by third parties.

5.4 Risks of Disclosure

Once you voluntarily disclose a proof or attestation to a third party, zkPass has no control over its use, storage, or further disclosure. You acknowledge that sharing proofs is entirely at your own risk.

5.5 Assumption of Risk

By using the Services, you acknowledge and accept the inherent risks associated with blockchain and cryptographic systems, including but not limited to:

• Irreversibility of transactions.

• Potential bugs or vulnerabilities in smart contracts or cryptographic libraries.

• Market volatility affecting the costs of compute gas fees or related digital assets.

6. Privacy Policy Reference

Your use of the Site and Services is also governed by our Privacy Policy, which forms an integral part of these Terms. The Privacy Policy describes in detail:

• What information zkPass collects and does not collect.

• How technical data and community data may be processed.

• How cookies and tracking technologies are used.

• Your rights under applicable data-protection frameworks such as GDPR and CCPA.

By accepting these Terms, you acknowledge that you have read and understood our Privacy Policy. If you do not agree with the practices described in the Privacy Policy, you must not use the Site or Services.

7. Intellectual Property

7.1 Ownership

All content, designs, trademarks, logos, source code, protocol specifications, documentation, interfaces, and any other intellectual property made available on or through the Site or Services (collectively, the “Materials”) are the exclusive property of zkPass or its licensors, and are protected by applicable intellectual property laws and international treaties.

7.2 Limited License

Subject to your compliance with these Terms, zkPass grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Materials solely for personal, informational, and non-commercial purposes.

7.3 Restrictions

You may not, without prior written consent from zkPass:

• Copy, reproduce, modify, or distribute the Materials.

• Reverse-engineer, decompile, or disassemble any part of the Services.

• Use the Materials for commercial exploitation or derivative works.

• Remove or obscure any proprietary notices or trademarks.

Any unauthorized use of the Materials constitutes a violation of these Terms and may result in civil or criminal liability.

8. User Conduct

8.1 Compliance with Laws

You agree to use the Site and Services only in compliance with these Terms and all Applicable Laws.

8.2 Prohibited Activities

You must not, directly or indirectly:

• Access, tamper with, or use non-public areas of the Site, Services, or underlying infrastructure.

• Interfere with, disrupt, or attempt to compromise the integrity or performance of the protocol, network, or third-party services.

• Upload, transmit, or introduce viruses, worms, malware, or malicious code.

• Impersonate any person or entity, or misrepresent your affiliation with any individual or organization.

• Circumvent, disable, or attempt to exploit the security measures or economic incentives of the protocol.

• Engage in abusive behavior, Sybil attacks, or fraudulent activity, including repeated attestations or multi-account manipulation.

8.3 Enforcement

zkPass reserves the right to investigate and take appropriate action, including suspending access, reporting to regulators, or pursuing legal remedies in response to any violation of these Terms.

9. Third-Party Links and Services

9.1 External Websites

The Site may contain links to external websites, applications, or services that are not owned or controlled by zkPass. zkPass does not endorse, and is not responsible for, the content, policies, or practices of such third parties.

9.2 Wallets and dApps

Your interaction with wallets, decentralized applications (dApps), or blockchain networks through the Services is governed by the terms and policies of those third parties. zkPass does not control or assume liability for how they process your data or execute transactions.

9.3 Data Sources and Integrations

zkPass proofs may rely on third-party HTTPS data sources or APIs. zkPass does not guarantee the availability, accuracy, or reliability of such sources and disclaims all liability for errors or interruptions.

9.4 User Responsibility

You acknowledge and agree that:

• Accessing third-party content or services is at your own risk.

• You are solely responsible for reviewing and complying with any third-party terms and policies.

• zkPass shall not be liable for damages or disputes arising from your use of third-party services.

10. Use of Protocols and Fees

10.1 Protocol Operations

Certain zkPass protocol operations — including but not limited to zero-knowledge proof generation, 3P-TLS sessions, or threshold signature computations — may consume computational or cryptographic resources.

10.2 Compute Gas Fees

These operations may require the payment of Compute Gas Fees, which function similarly to transaction fees on blockchain networks. Compute Gas Fees are incurred by users (“Provers”) when executing protocol-level interactions.

10.3 Paymaster Support

In certain cases, zkPass or ecosystem partners may subsidize these costs (e.g., via ERC-4337 paymaster mechanisms) to encourage adoption during beta programs, promotional campaigns, or community initiatives.

10.4 Resource Integrity

The purpose of these fees is to:

• Ensure fair and sustainable use of shared resources.

• Prevent abuse such as spam or repeated attestations.

• Support the long-term economic sustainability of the protocol.

10.5 User Responsibility

Users are strongly discouraged from submitting duplicate proofs, unnecessary attestations, or attempts to game incentive mechanisms. Such behavior may result in rejection of proofs, overwriting of prior attestations, or loss of resources without compensation.

11. Service Availability and Jurisdictional Restrictions

11.1 Geographic Availability

zkPass makes its Services available only in jurisdictions where blockchain technology, cryptographic proofs, and digital assets are permitted under Applicable Law. The Services are expressly restricted to the following countries and territories:

[ Albania, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Brazil, Brunei, Bulgaria, Burkina Faso, Burundi, Cabo Verde, Cambodia, Cameroon, Canada, Central African Republic, Chad, Chile, Colombia, Comoros, Costa Rica, Croatia, Cuba, Cyprus, Czechia, Denmark, Djibouti, Dominica, Dominican Republic, East Timor, Ecuador, El Salvador, Equatorial Guinea, Eritrea, Estonia, Eswatini, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong SAR China, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Ivory Coast, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Kosovo, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Macau SAR China, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, North Macedonia, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Sudan, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, Vietnam, Yemen, Zambia, and Zimbabwe. ]

11.2 Prohibited Jurisdictions

Access to and use of the Services from any country or territory not explicitly listed above is strictly prohibited. Users who attempt to access zkPass from non-supported jurisdictions do so at their own risk, and zkPass disclaims any liability arising from such use.

11.3 Regulatory Compliance

• Users are solely responsible for ensuring compliance with local laws, regulations, and restrictions.

• zkPass reserves the right to suspend or discontinue Services in any jurisdiction where regulatory or legal risks arise.

11.4 Updates to Supported Jurisdictions

The list of supported countries and territories may be updated at zkPass’s sole discretion to reflect changes in legal or regulatory conditions. Updates will be effective upon publication on the Site.

12. Risk Disclosures

By using the Site or Services, you acknowledge and accept the inherent risks associated with blockchain technologies and cryptographic protocols. These include, without limitation:

12.1 Protocol and Technical Risks

• Transactions and proofs may be irreversible once submitted.

• Bugs, vulnerabilities, or exploits may exist in smart contracts, cryptographic libraries, or network infrastructure.

• Services may be subject to downtime, delays, or unexpected failures.

12.2 Market and Economic Risks

• Costs of Compute Gas Fees or related digital assets may fluctuate significantly.

• zkPass does not guarantee the economic value or utility of any proofs, attestations, or tokens associated with the protocol.

12.3 Third-Party Risks

• zkPass relies on third-party data sources, APIs, wallets, and blockchains. Their accuracy, reliability, or availability is not guaranteed.

• Users assume all risks associated with reliance on third-party services or integrations.

12.4 Legal and Regulatory Risks

• The legal status of blockchain and zero-knowledge technologies varies across jurisdictions.

• Regulatory changes or enforcement actions may restrict or prohibit the use of zkPass Services in certain regions.

• Users are solely responsible for understanding and complying with local regulatory frameworks.

12.5 User Responsibility

You assume full responsibility for your use of the Services, including securing your private keys, devices, and proofs. zkPass shall not be liable for losses resulting from user error, negligence, or misuse.

13. Disclaimer of Warranties

13.1 “As Is” Basis

The Site and Services are provided on an “as is” and “as available” basis, without any warranties or representations of any kind, whether express, implied, statutory, or otherwise.

13.2 No Implied Warranties

To the fullest extent permitted by Applicable Law, zkPass expressly disclaims all implied warranties, including but not limited to:

• Merchantability

• Fitness for a particular purpose

• Non-infringement

• Accuracy, reliability, or availability of the Site or Services

13.3 Blockchain Risks

zkPass makes no warranty that:

• The Services will be uninterrupted, secure, or error-free.

• Proofs or attestations will be accepted by third parties.

• Protocol operations will be immune from cyberattacks, exploits, or network failures.

13.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of implied warranties. In such cases, certain disclaimers in this Section may not apply to you.

14. Limitation of Liability

14.1 Exclusion of Damages

To the maximum extent permitted by Applicable Law, zkPass, its affiliates, officers, employees, contractors, and licensors shall not be liable for any:

• Indirect, incidental, or consequential damages

• Special or punitive damages

• Loss of profits, business, goodwill, or data

Arising out of or in connection with your use of the Site or Services, whether based in contract, tort, negligence, strict liability, or otherwise.

14.2 Liability Cap

In no event shall the total liability of zkPass for any claim exceed:

• The total amount paid by you (if any) for accessing or using the Services in the 12 months preceding the claim, or

• USD $100, whichever is lower.

14.3 User Responsibility

You are solely responsible for securing your devices, private keys, and proofs. zkPass shall not be liable for losses arising from user error, negligence, or misuse of the Services.

14.4 Jurisdictional Limitations

Certain jurisdictions do not allow limitations of liability for consequential or incidental damages. In such jurisdictions, the exclusions and limitations in this Section shall apply to the maximum extent permitted by law.

15. Modifications to Services and Terms

15.1 Service Modifications

zkPass reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the Site, Services, or Protocol at any time, including but not limited to:

• Technical features or specifications

• Supported data types or schemas

• Pricing or fee structures

• Access methods or interfaces

We will make reasonable efforts to notify users of material changes where practicable.

15.2 Updates to Terms

zkPass may update these Terms periodically to reflect changes in technology, legal requirements, or business operations. The updated Terms will be published on the Site with a revised effective date.

15.3 User Acceptance

By continuing to use the Site or Services after any update becomes effective, you agree to be bound by the revised Terms. If you do not agree to the updated Terms, you must cease using the Services immediately.

16. Termination and Suspension

16.1 Suspension of Access

zkPass may suspend or restrict your access to the Site or Services, without notice, if we reasonably believe that you have:

• Violated these Terms or any Applicable Law.

• Engaged in fraudulent, abusive, or harmful conduct.

• Compromised the security or integrity of the Services.

16.2 Termination of Agreement

zkPass may terminate this agreement and your right to access the Services at any time, with or without cause, and without liability.

16.3 User Termination

You may terminate your agreement with zkPass by ceasing use of the Site and Services. Any obligations or liabilities incurred prior to termination shall survive termination.

17. Dispute Resolution and Governing Law

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict-of-law provisions.

17.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services shall be resolved through binding arbitration administered by the Swiss Chambers’ Arbitration Institution (SCAI) in accordance with its rules.

• The seat of arbitration shall be Zurich, Switzerland.

• The language of arbitration shall be English.

• The arbitral award shall be final and binding on the parties.

17.3 Injunctive Relief

Nothing in this Section prevents zkPass from seeking injunctive or equitable relief in competent courts to protect its intellectual property or confidential information.

17.4 Waiver of Class Actions

To the fullest extent permitted by law, you agree to waive the right to participate in any class action, collective action, or representative proceeding against zkPass.

18. Force Majeure

zkPass shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather events.

• War, terrorism, or civil unrest.

• Labor disputes or strikes.

• Government actions, regulations, or legal restrictions.

• Internet or telecommunication outages, cyberattacks, or failures of third-party services.

In such cases, zkPass’s obligations will be suspended for the duration of the event, and we will make reasonable efforts to mitigate the impact.

19. Severability and Waiver

19.1 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

19.2 Waiver

Failure by zkPass to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of zkPass.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other policies, guidelines, or notices expressly incorporated herein, constitute the entire agreement between you and zkPass regarding the use of the Site and Services.

They supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written, relating to the subject matter.

If any provision of these Terms is deemed unenforceable, such provision shall be modified only to the extent necessary to render it enforceable, and the remaining provisions shall continue in full effect.