Terms and conditions

Terms and Conditions (“Agreement”)

This Agreement was last modified on February 24th, 2020.

This Agreement documents the legally binding terms and conditions related to the use of the app mobysign app (App) on your smartphone, eventually in support of any other device, and of mobysign service in general. By using or accessing the App in any way you are agreeing to be bound by these Terms of Service.

Intellectual Property

The App and all of its original content are the sole property of mobysign limited and are, as such, fully protected by the appropriate international copyright, patents and other intellectual property rights laws.

Termination

Any service integrated with mobysign reserves the right to terminate your use, without any advance notice.

Links to Other Websites

Our App contains a number of links to other websites and online resources that are not owned or controlled by us. We have no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site or App.

Use of mobysign

mobysign is an authentication layer capable of turning your Smartphone into an easy to use and secure device to pay, login, make dispositions and sign documents. mobysign can be integrated by service providers and websites, where mobysign user will be able to confirm such operations by the fingerprint (for smartphones with relevant reader) or typing a PIN, chosen by the user during the registration phase of the App. The PIN can be changed by the user whenever the user wishes.
You may receive an Activation Code as the effect of an identification of your identity by a provider (e.g. your bank) and you shall be able to register on mobysign App using that Activation Code and a username (“user”) provided by the identity provider to use its service. Terms and conditions of such mobysign service will be those related to that service provider; please read it carefully. The person using mobysign can be identified, after another identification, via other specific mobysign user and other Activation Code for another service provided by another service provided; also in this case the user shall be able to register on such other service via mobysign App using that Activation Code and a user. The person using mobysign can have more Activation Codes and mobysign users. If the identification made by a service provider requires the check of the phone number related to the smartphone where mobysign is installed or is going to be installed, such phone number shall be verified; in fact the App will send a SMS automatically or under confirmation. In this case please verify you have enough credit and the SMS service as active with your mobile operator for sending a SMS.
During the first registration on the App the user has to choose a nickname in order to be identified on those services where the nickname can be used instead of the specific mobysign user of such service.
During the first registration phase on the App the user can choose to be identified also via a real or virtual phone number for services where it is accepted, except that the case the registration service provider requires to check the phone number that will be mandatory; if the user chooses to use the phone number or it is mandatory from the registration provider, the user has to update the phone number via App functionality in case of change of such phone number as soon as the change has been performed. If the user chooses to be identified via virtual phone number, this will be displayed on the smartphone; the user has to take note of this; note that in this case if the user registers, after first registration, under a further registration service requiring the real phone number check, the user shall be identified via the real phone number, losing the virtual one, if such registration is successful. The user can register one or more credit/debit cards under his/her mobysign account; the user accepts card data registered will be used under his/her confirmation to pay all different merchants federated to mobysign network. Said confirmation will be made via strong authentication through the mobile device where the App is operating. The user can choose to activate biometric recognition functions that require the subscription of an annual recursive payment; in this case the user will confirm the first payment upon activation, while the following payments will be carried out in automatic recursive mode: the user can at any time interrupt the subscription to this service from the App and thus deactivate the relevant following payments.
Any complaint or refund request related to purchases done through Mobysign shall be sent via email to complaints@mobysign.com within the time limits dictated by local, national and international laws, by regulations and conditions of the merchant, in any case no more than 12 months since the date of the purchase. Any damage associated with the use of mobysign will not be subject to any compensation.

Technical Data Sheet illustrating the FEA Insurance service

For the Fea Insurance service, refer to the information contained in the previous paragraph Use of Mobysign considering in addition the following peculiarities.

The service concerns the signing of documents according to the requirements shared with the participating insurance agencies.

The Mobysign app must be installed on the signer’s smartphone and used by the signatory to complete the subscription through the solution, through confirmation made with two authentication factors such as fingerprint (biometric factor), face recognition (biometric factor) or PIN (knowledge factor) chosen by the signatory during installation, and in any case through the signatory’s smartphone (possession factor) whose possession is proven through the private key stored therein in a special security memory.

The signing phase consists of an encryption process in which this private key with a length of not less than 2048 bits is used, while the public key of the signatory related to the private key allows the verification of the signature through the Mobysign system. The holder of the electronic signature through the private key and the third party through the public key, respectively, make manifest and verify the origin and integrity of an IT document or a set of IT documents.

The solution complies with the regulatory provisions of eIDAS, CAD and other regulations applicable in Italy and guarantees:

  1. identification of the signatory of the document: the identification of the signatory is performed with the physical presence or video call of the latter by the provider or by one of the subjects delegated by the latter. The identification of the signatory is carried out by using a valid identity document (identity card, passport or driving license) and the tax code, as well as any documents proving the company position if the signature is used for business purposes and not personal;
  2. the unique connection of the signature to the signatory: the affixing of the advanced electronic signature to the IT document takes place remotely, ie by fingerprint or PIN or facial recognition by the signatory through their mobile phone. These systems ensure that the FEA is affixed to the electronic document using a tool which, with a high level of security, can only be used by the signatory subject; moreover, during the registration to the app the user must prove with an SMS the correspondence of his mobile phone number, as well as the possession of the email declared to the registration operator, on which he will receive a QRcode to click or frame to start the registration process ;
  3. the exclusive control of the signer of the signature generation system: that only the signer has exclusive control of the signature generation system is guaranteed, as required by the applicable legislation, by two different authentication factors, i.e. by the use of a mobile phone device under the control of the signatory (possession factor) and a biometric factor (fingerprint or face recognition), the latter possibly replaced by the PIN (knowledge factor);
  4. the possibility of verifying that the signed electronic document has not undergone any changes after the signature has been affixed: the FEA solution adopted by the lender makes use of cryptographic signature mechanisms (cryptographic keys) which ensure, after the moment of signing, the inalterability of the signed documents. The asymmetric encryption algorithm used is RSA and the length of the encryption keys is not less than 2048 bits;
  5. the possibility for the signer to obtain evidence of what he is about to sign: the documentation signed by the signatory through the advanced electronic signature tool is made available to the signer via email and on the Mobysign app; </ li>
  6. the provider of the FEA solution is the Agency that identifies the user;
  7. the absence of any element in the subject of the subscription aimed at modifying the acts, facts or data represented therein: the documents subject to subscription are produced using the formats provided for by the technical rules of the CAD on training, transmission copy, duplication, reproduction and time validation of IT documents (DPCM 13.11.2014);
  8. the unique connection of the signature to the signed document: the unique connection is guaranteed by the use, at the end of the subscription process, of double key encryption and decryption algorithms.

For use, the user receives a notification on the phone and an email. Or by reading the notification or email, you can read the document to be signed and click on all the points where your signature is required. Later you can confirm on the app with the double authentication factor.

Governing Law

This Agreement is governed in accordance with the laws of the UK and local laws.

Changes to This Agreement

We reserve the right to modify these Terms of Service and Privacy Policy at any time. We do so by posting and drawing attention to the updated terms on mobysign website ( www.mobysign.com).

Your decision to continue to make use of mobysign after such changes have been made constitutes your formal acceptance of the new Terms of Service and Privacy Policy. Therefore, we ask that you check and review this Agreement for such changes. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to use mobysign immediately and contact us. If you have any questions about this Agreement, please feel free to contact us at info@mobysign.com

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