Definitions

In these Terms of Use & Privacy Policy,

1. "Site" shall mean the WIPO PROOF website.
2. “Service” or "Services" shall mean the WIPO PROOF services, including but not limited to the timestamping of digital data, the verification of digital data, the issuance of a document certifying that digital data existed at a particular time, and bundles of timestamps.
3. “User” shall mean any person who uses/relies on the Service, including a subscriber (legal or natural person to whom a timestamp, document or other product is issued) and a relying party (recipient of a timestamp, document, or other product who relies on the timestamp, document or other product).
4. “Digital File” shall mean any digital data that the User requests to be timestamped by the Service.
5. “Personal Data” shall mean data relating to an identified or identifiable individual.

Acceptance of Terms

By using the Site and the Service, Users are agreeing to be bound by these Terms of Use & Privacy Policy. In the event of any violation of Terms of Use, WIPO may block or terminate access of the User to the Service.

User Registration

The User must create a WIPO Account before using certain Services. As part of the process, the User will be asked to select a login name and a password. The User may not use an account of another entity or person. The User may not disclose or share his/her access credentials for any unauthorized purposes. The User agrees to notify WIPO of any unauthorized disclosure of his/her login information. The User will be responsible for maintaining the confidentiality of his/her login information.

Obligations of the User

1. The User shall be responsible for ensuring the accuracy of the information they provide to WIPO and ensure that the information is updated whenever necessary. WIPO does not control/endorse the veracity of the information provided by the User.
2. The User shall not use the Service for any purpose that is unlawful or not reasonably intended by WIPO.
3. The User shall not attempt to represent any other individual or entity, without their explicit authorization, when using the Service or creating a WIPO Account.
4. The User shall not disrupt the Service or interfere with servers connected to the Service. The User shall not attempt to gain unauthorized access to the Service, including through the use of another User’s account or through any method not provided by WIPO.
5. The User shall not attempt to process anything through the Service that contains malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service.
6. The User shall assume sole responsibility for the content of the Digital File submitted to the Service.
7. The User shall assume sole responsibility for storage and maintenance of the Digital File necessary for the verification. The verification shall be done on the Site.
8. The User shall not assign his/her rights or delegate his/her obligations to any third party. Any attempted assignment or delegation will be void.

Obligations of WIPO

1. WIPO shall operate the Service in accordance with the Timestamping Policy and Practice Statement.
2. WIPO shall take all necessary measures, as detailed in the Time stamping Policy and Practice Statement, to ensure maximum availability of the Service. The Service may be unavailable from time to time due to scheduled maintenance or unforeseen circumstances. Information about service unavailability or maintenance will be published on the Site when possible.
3. WIPO shall publish a notice on the Site for all Users before changing the scope of the Service or discontinuing the Service. Unless stated otherwise in the notice, the change or discontinuation shall take effect 3 months following the date of the publication.

Timestamp Type and Usage

1. The hashing algorithms accepted for representing the Digital File to be timestamped is SHA256 .
2. The estimated life span of the digital signature used for the Service depends on the hashing algorithm and the signing algorithm used, and the length of the private key. Currently, this life span is estimated at 10 years.
3. WIPO ensures that its clock is synchronized with UTC within the accuracy of 1 second (or less).
4. Timestamping logs are stored on the appropriate system(s) and retained for at least 10 years.

Compliance

WIPO confirms that the Service conforms to the requirements of the eIDAS regulation, ETSI standards as well as other industry best practices for information security.

Fees

1. Any individual Services may be subject to the payment of a fee. The fees are posted on the Site, unless otherwise explicitly noted. WIPO may modify the fees at any time at its sole discretion. Any of such modifications shall take effect immediately, unless otherwise provided.
2. Except in the case of excess payment, fees, once paid, shall not be refunded to the User. In particular, WIPO shall not reimburse any unused part of a bundle.

Intellectual Property Rights/ Use of Name and Logo

1. No intellectual property rights of the User shall be transferred to WIPO by any use of the Service. The User retains intellectual property rights he/she has in the Digital File.
2. The User does not have the right to use the WIPO name, logo or acronym unless it is specifically authorized by WIPO in writing after having sent a request to WIPO.

Disclaimers

1. WIPO makes no express or implied representations or warranties relating to the availability or usability of the Service. In particular, WIPO does not guarantee any usability of the Service for specific purposes, inter alia, for legal purposes such as evidence before authorities or courts. The use of the Service is at the sole responsibility of the User. Before placing any reliance on the Service, the User shall study the risks and liabilities related to the use of the Service.
2. WIPO shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Service resulting directly or indirectly from any cause or circumstance beyond its reasonable control.

Limitations on Service and Liability

The Service may be used without limitation, provided these Terms of Use are abided. WIPO shall not be liable for consequences of the use of the Service. WIPO shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to the User, including, but not limited to, losses of business, revenue or profits, as a consequence of any use of Service.

Privacy Policy

1. WIPO is committed to ensuring the highest level of protection of Personal Data. Personal Data processed by WIPO is handled in accordance with the Personal Data Protection and Privacy Principles adopted by the United Nations High-Level Committee on Management at its 36^th meeting in October 2018.
2. Personal Data of the User is collected, processed, and stored in a fair and legitimate manner, for the sole purpose of providing and/or improving the Service. Under no circumstances, is Personal Data of the User used for any other incompatible purpose.
3. Appropriate technical measures are implemented by WIPO to protect the security of Personal Data of the User, including against or from unauthorized or accidental access, damage, or loss. WIPO may transfer Personal Data to a third party provided that the third party itself affords appropriate protection for the Personal Data.
4. Personal Data of the User is only retained for the time that is necessary to achieve the purpose for which it was collected.
5. WIPO ensures a policy of transparency regarding the processing of Personal Data, as appropriate. The User may have access to Personal Data and may be granted the opportunity to rectify it, object to its processing, or request its deletion, insofar as the purpose for which Personal Data is processed is not frustrated. Any request in relation to the Personal Data must be submitted to WIPO PROOF explicitly specifying the reasons of said request.
6. WIPO uses cookies to offer visitors an improved browsing experience. WIPO may use web analytics products to collect various information regarding browsing of the Site, inter alia, the WIPO Account login name, information on the Internet Protocol address of the visitors, the time spent on the Site, and which of its webpages are visited, or the time and date of the visit. The visitors may, depending on their respective web browser, delete cookies at any time and/or make general settings with regard to the acceptance, rejection and deletion of cookies. However, this may render certain features of the Site unavailable.

Modifications

WIPO may modify the Terms of Use & Privacy Policy at any time at its sole discretion. Any modifications will be published on the Site. Users shall be responsible for reviewing and becoming familiar with any such modifications. Unless stated otherwise, modifications shall take effect immediately following publication of the new Terms of Use & Privacy Policy.

Settlement of Disputes / Applicable Law

1. Any dispute between WIPO and the User arising out of or relating to the Service that cannot be resolved by negotiation shall be submitted to conciliation in accordance with the UNCITRAL Conciliation Rules. The place of conciliation shall be Geneva, Switzerland. The language to be used in the conciliation shall be English or French.
2. If, and to the extent that any such dispute has not been settled pursuant to the conciliation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the UNCITRAL Arbitration Rules. There shall be a sole arbitrator. The place of arbitration shall be Geneva, Switzerland. The language to be used in the arbitral proceedings shall be English or French. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of such a dispute.
3. These Terms of Use & Privacy Policy will be governed by and construed in accordance with their own terms, and any matter which is not expressly addressed in these Terms of Use & Privacy Policy or which would require interpretation will be resolved by reference to general principles of public international law.
4. WIPO shall not have any responsibility, obligation or reliability whatsoever with respect to any disputes between the User and a third party that may arise in relation to the use of the Service.

Privileges and Immunities

Nothing in or relating to these Terms of Use & Privacy Policy shall be deemed a waiver of any privileges and immunities of WIPO as an international organization and specialized agency of United Nations.

Contact Information

World Intellectual Property Organization

Address: 34, Chemin des Colombettes, CH-1211 Geneva 20, Switzerland
Tel: +41 22 338 9111
Fax: +41 22 733 5428
Web: https://www.wipo.int/
Contact Us: https://www3.wipo.int/contact/en/area.jsp?area=wipoproof