Terms of Service

This Terms of Service Agreement (“Agreement”) is a legally binding contract between you and, if applicable, the company, organization or other entity on behalf of which you are acting (collectively, “You” or “Your”) and Centre Tecnològic de Telecomunicacions de Catalunya (“CTTC”, “We”, or “Our”) regarding Your and Our rights and duties relating to Your acquisition and use of S/MIME digital certificates issued by CASTLE Platform® (“CASTLE”, “We”, “Our” or “Platform”), a platform of CTTC, through CASTLE Certificate Authority (“CASTLE CA”). If you are acting on behalf of a company, organization or other entity, You represent that you have the authority to bind such entity to this Agreement.

1. Definitions and terms

• ACME Client Software: A software application that uses the ACME protocol to request, accept, use or manage CASTLE Certificates.
• Certificate: A computer-based record or electronic message issued by an entity that associates a “Public Key” with an Internet domain name, email address or other technical identifiers and is Digitally Signed by the issuing entity.
• CRL: A database or other list of Certificates that have been revoked prior to the expiration of their Validity Period.
• Digital Signature/Digitally Sign: The transformation of an electronic record by one person, using a Private Key and Public Key Cryptography, so that another person having the transformed record and the corresponding Public Key can accurately determine (i) whether the transformation was created using the Private Key that corresponds to the Public Key, and (ii) whether the record has been altered since the transformation was made. A Digital Signature need not incorporate a handwritten signature.
• Key Pair: Two mathematically-related keys (a Private Key and its corresponding Public Key), having the properties that (i) one key can be used to encrypt a message (i.e., create a Digital Signature) that can only be decrypted using the other key (i.e., verify the Digital Signature), and (ii) even while knowing or possessing one key (e.g., the Public Key), it is computationally difficult or infeasible to discover the other key (e.g., the Private Key).
• CASTLE Certificate: A Certificate issued by CASTLE CA under the CASTLE name.
• Private Key: A key kept secret by its holder and which is used in Public Key Cryptography to create Digital Signatures and to decrypt messages or files that were encrypted with the corresponding Public Key.
• Public Key: In Public Key Cryptography, this is the publicly-disclosed key that is used by the recipient to (i) validate Digital Signatures created with the corresponding Private Key and (ii) encrypt messages or files to be decrypted with the corresponding Private Key.
• Key Compromise: A Private Key is said to be compromised if its value has been disclosed to an unauthorized person, an unauthorized person has had access to it, or there exists a practical technique by which an unauthorized person may discover its value. A Private Key is also considered compromised if methods have been developed that can easily calculate it based on the Public Key or if there is clear evidence that the specific method used to generate the Private Key was flawed.
• Public Key Cryptography: A type of cryptography that uses a Key Pair to securely encrypt and decrypt messages. One key encrypts a message, and the other key decrypts the message. One key is kept secret (the Private Key), and one is made available to others (the Public Key). These keys are, in essence, large mathematically-related numbers that form a unique pair. Either key may be used to encrypt a message, but only the other corresponding key may be used to decrypt the message.
• Repository: An online system maintained by CASTLE CA for storing and retrieving CASTLE Certificates and other information relevant to CASTLE Certificates, including information relating validity or revocation.
• S/MIME: Secure MIME is an Internet standard for digitally signing MIME-based email data and its public key encryption.
• Validity Period: The intended term of validity of a Certificate, beginning with the date of issuance (“Valid From” or “Activation” date), and ending on the expiration date indicated in such Certificate (“Valid To” or “Expiry” date).
• Your Certificate: A CASTLE Certificate issued to You.

2. Effective Date, Term, and Survival

2.1 Effective Date of Agreement

This Agreement is effective once You request that CASTLE CA issue a CASTLE Certificate to You.

2.2 Term

Each of Your Certificates will be valid for the Validity Period indicated in such Certificate unless revoked earlier. This Agreement will remain in force during the entire period during which any of Your Certificates are valid, continuously so as to include any renewal periods (including automatic renewals). Once You no longer possess any valid CASTLE Certificate, this Agreement will terminate.

2.3 Survival

Sections in this Agreement concerning privacy, indemnification, disclaimer of warranties, limitations of liability, governing law, choice of forum, limitations on claims against CTTC, and prohibitions on the use of fraudulently-obtained Certificates and expired Certificates shall survive any termination or expiration of this Agreement.

3. Your Warranties and Responsibilities

3.1 Warranties

By requesting, accepting, or using a CASTLE Certificate:

• You warrant to CTTC and the public-at-large that You are the legitimate owner of the email address that is, or is going to be, the subject of Your Certificate, or that You are the duly authorized agent of such registrant.
• You warrant to CTTC and the public-at-large that either (1) You did not obtain control of such email address as the result of a seizure of such email address, or (2) such email address had no ongoing lawful uses at the time of such seizure.
• You warrant to CTTC and the public-at-large that all information in Your Certificate regarding You or Your email address is accurate, current, reliable, complete, and not misleading.
• You warrant to CTTC and the public-at-large that all information You have provided to CTTC is, and You agree that all information you will provide to CTTC at any time will be, accurate, current, complete, reliable, and not misleading.
• You warrant to CTTC and the public-at-large that You rightfully hold the Private Key corresponding to the Public Key listed in Your Certificate.
• You warrant to CTTC and the public-at-large that You have taken, and You agree that at all times You will take, all appropriate, reasonable, and necessary steps to maintain control of, secure, properly protect and keep secret and confidential the Private Key corresponding to the Public Key in Your Certificate (and any associated activation data or device, e.g. password or token).

3.2 Changes in Certificate Information

If at any time You no longer control the Internet domain names associated with any of Your Certificates, or if any of the warranties in Section 3.1 above are no longer true with respect to any of Your Certificates in any other way, You will immediately request that CASTLE CA revoke the affected Certificates. You may request replacement CASTLE Certificates before revoking the affected Certificates, provided that the warranties in Section 3.1 above are true with respect to the replacement Certificates.

3.3 Certificate Issuance

The contents of Your Certificates will be based on the information You or Your ACME Client Software sends to CASTLE CA.

If CASTLE CA accepts your request for a CASTLE Certificate, CASTLE CA will create Your Certificate and it will be provided to You through the ACME protocol. If CASTLE CA is unable to confirm your identity or authorization, Your request may be denied.

CASTLE CA may, in its sole discretion, refuse to grant Your request for a CASTLE Certificate, including for any lawful reason stated or not stated in this Agreement.

3.4 Key Pair Generation

Your Key Pair (Public and Private Keys) will be generated by You or Your ACME Client Software on Your systems. You will submit the corresponding Public Key to CASTLE CA and it will be incorporated into Your Certificate. CTTC will store Your Certificate in its Repository. CTTC will not have access to Your Private Key. Your Private and Public Keys will remain Your property.

We will use technical methods and protocols to verify that You have control over the subject email address. This verification is done solely to assist CASTLE CA in determining whether to issue a CASTLE Certificate and is not a service being performed for Your benefit or on Your behalf.

3.5 Inspection and Acceptance of Certificates

You warrant to CTTC and the public-at-large, and You agree, that You will immediately inspect the contents of Your Certificate (“Initial Inspection”), and to immediately request revocation if you become aware of any inaccuracies, errors, defects, or other problems (collectively, “Certificate Problems”) with Your Certificate. Your ACME Client Software may perform this task for You. You agree that You will have accepted Your Certificate when You first use Your Certificate or the corresponding Private Key after obtaining Your Certificate, or if You fail to request revocation of Your Certificate immediately following Initial Inspection.

3.6 Installation and Use of Your Certificate

You may reproduce and distribute Your Certificate on a nonexclusive and royalty-free basis, provided that it is reproduced and distributed in full and in compliance with this Agreement. You warrant to CTTC and the public-at-large, and You agree, that You will install Your Certificate only on servers that are accessible at the subjectAltName(s) listed in Your Certificate, and that you will use Your Certificate solely in compliance with all applicable laws and solely in accordance with this Agreement. Your Certificate will remain the property of CTTC, subject to Your right to use it as set forth in this Agreement.

The purpose of Your Certificate is to authenticate and encrypt Internet communications. CTTC is not responsible for any legal or other consequences resulting from or associated with the use of Your Certificate. You agree that You will not use Your Certificate for any purpose requiring fail-safe performance, such as the operation of public utilities or power facilities, air traffic control or navigation systems, weapons systems, or any other systems, the failure of which would reasonably be expected to lead to bodily injury, death or property damage.

3.7. When to Revoke Your Certificate

You warrant to CTTC and the public-at-large, and You agree, that You will immediately request that Your Certificate be revoked if: (i) there is any actual or suspected misuse or Key Compromise of the Private Key associated with the Public Key included in Your Certificate, or (ii) any information in Your Certificate is, or becomes, misleading, incorrect or inaccurate. You may make a revocation request to CASTLE CA using ACME Client Software. You should also notify anyone who may have relied upon Your use of Your Certificate that Your encrypted communications may have been subject to compromise.

3.8 When to Cease Using Your Certificate

You warrant to CTTC and the public-at-large, and You agree, that You will promptly cease using Your Certificate (i) if any information in Your Certificate is, or becomes, misleading, incorrect or inaccurate, or (ii) upon the revocation or expiration of Your Certificate.

3.9 When to Cease Using Your Private Key

You warrant to CTTC and the public-at-large, and You agree, that You will promptly cease all use of the Private Key corresponding to the Public Key included in Your Certificate upon revocation of Your Certificate for reasons of known or suspected Key Compromise.

3.10 Indemnification

You agree to indemnify and hold harmless CTTC and its directors, officers, employees, agents, and affiliates from any and all liabilities, claims, demands, damages, losses, costs, and expenses, including attorneys’ fees, arising out of or related to: (i) any misrepresentation or omission of material fact by You to CTTC, irrespective of whether such misrepresentation or omission was intentional, (ii) your violation of this Agreement, (iii) any compromise or unauthorized use of Your Certificate or corresponding Private Key, or (iv) Your misuse of Your Certificate. If applicable law prohibits a party from providing indemnification for another party’s negligence or acts, such restriction, or any other restriction required by law for this indemnification provision to be enforceable, shall be deemed to be part of this indemnification provision.

4. CTTC’s Rights and Responsibilities

4.1 Privacy

Because others may rely on your use of Your Certificates to encrypt Internet communications, much of the information You send to CASTLE CA may be published by CASTLE CA and may become a matter of public record. This information will not identify You or Your electronic data.

CASTLE CA’s collection, storage, use and disclosure of such information are governed by the CASTLE CA Privacy Policy at: https://acme.castle.cloud/privacy/.

4.2 Certificate Repository

During the term of the Agreement, CASTLE CA will operate and maintain a secure online Repository that is available to authorized relying parties that contains: (i) all past and current CASTLE Certificates (including, as applicable, Your Certificate) and (ii) a CRL or similar online database indicating whether CASTLE Certificates are valid, suspended, and/or revoked. CASTLE CA may publish Your Certificate in the Repository and may indicate whether it is valid, suspended, revoked, and/or expired. CASTLE CA may allow the public to access this information.

4.3 Suspension and Revocation

You acknowledge and accept that CASTLE CA may immediately suspend Your Certificate if any party notifies CASTLE CA that Your Certificate is invalid or has been compromised. CASTLE CA will determine, in its sole discretion, whether to revoke Your Certificate. If You or Your agent requests that Your Certificate be revoked, CASTLE CA will revoke Your Certificate and update the Repository as soon as practical. If a request for revocation is signed by your Private Key, then CASTLE CA will automatically deem the request to be valid. You also acknowledge and accept that CASTLE CA may, without advance notice, immediately revoke Your Certificate if CASTLE CA determines, in its sole discretion, that: (i) Your Certificate was not properly issued or was obtainedthrough misrepresentation, concealment, or fraud; (ii) Your Certificate has become, or appears to have become, unreliable; (iii) the security of the Private Key corresponding to Your Certificate has been or may be stolen, lost, or otherwise compromised, or subject to unauthorized use; (iv) any information in Your registration with CASTLE CA or Your request for a CASTLE Certificate has changed or has become false or misleading; (v) You have violated any applicable law, agreement (including this Agreement), or other obligation; (vi) Your Certificate is being used, or has been used, to enable any criminal activity (such as phishing attacks, fraud or the distribution of malware); (vii) Your Certificate is being used, or has been used, to intercept the traffic of others; (viii) You request revocation; (ix) CTTC is legally required to revoke Your Certificate pursuant to a valid court order issued by a court of competent jurisdiction; (x) this Agreement has terminated; or (xi) there are other reasonable and lawful grounds for revocation. CASTLE CA will provide notice of revocation via email to the email address of record.

4.4 IMPORTANT DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN CTTC’S CERTIFICATE POLICY AND CERTIFICATE PRACTICE STATEMENT, CASTLE CERTIFICATES AND SERVICES ARE PROVIDED “AS-IS” AND CTTC DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ANY CTTC SERVICE OR CASTLE CERTIFICATE.

BECAUSE CASTLE CERTIFICATES ARE ISSUED FREE-OF-CHARGE AS A PUBLIC SERVICE, CTTC CANNOT ACCEPT ANY LIABILITY FOR ANY LOSS, HARM, CLAIM, OR ATTORNEY’S FEES IN CONNECTION WITH SUCH CERTIFICATES. ACCORDINGLY, YOU AGREE THAT CTTC WILL NOT BE LIABLE FOR ANY DAMAGES, ATTORNEY’S FEES, OR RECOVERY, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ORCOMPENSATORY, EVEN IF CTTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES IRRESPECTIVE OF THE THEORY OF LIABILITY, I.E., WHETHER THE THEORY OF LIABILITY IS BASED UPON CONTRACT, WARRANTY, INDEMNIFICATION, CONTRIBUTION, TORT, EQUITY, STATUTE OR REGULATION, COMMON LAW, OR ANY OTHER SOURCE OF LAW, STANDARD OF CARE, CATEGORY OF CLAIM, NOTION OF FAULT OR RESPONSIBILITY, OR THEORY OF RECOVERY. THE PARTIES AGREE THAT THIS DISCLAIMER IS INTENDED TO BE CONSTRUED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

BY WAY OF FURTHER EXPLANATION REGARDING THE SCOPE OF THE DISCLAIMER, AND WITHOUT WAIVING OR LIMITING THE FOREGOING IN ANY WAY, CTTC DOES NOT MAKE, AND CTTC EXPRESSLY DISCLAIMS, ANY WARRANTY REGARDING ITS RIGHT TO
USE ANY TECHNOLOGY, INVENTION, TECHNICAL DESIGN, PROCESS, OR BUSINESS METHOD USED IN EITHER ISSUING CASTLE CERTIFICATES OR PROVIDING ANY OF CTTC’S SERVICES. YOU AFFIRMATIVELY AND EXPRESSLY WAIVE THE RIGHT TO HOLD CTTC RESPONSIBLE IN ANY WAY, OR SEEK INDEMNIFICATION AGAINST CTTC, FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING PATENT, TRADEMARK, TRADE SECRET, OR COPYRIGHT.

5. Additional Terms

5.1 Governing Law

The parties agree that the laws of the Kingdom of Spain govern this Agreement, irrespective of Spain’s choice of law and conflicts of law principles.

5.2. Choice of Forum

Any claim, suit or proceeding arising out of this Agreement must be brought in a state or federal court located in Barcelona, Catalonia.

5.3 Limitation on Claims against CTTC

Any claim, suit or proceeding against CTTC arising out of this Agreement must be commenced within one year of any alleged harm, loss, or wrongful act having occurred.

5.4 No Third-Party Beneficiary

This Agreement does not create rights in favor of any third parties. Furthermore, it is the express intent of the parties that this Agreement shall not be construed to confer any rights on any third party.

5.5 Entire Agreement

This Agreement, together with any documents incorporated by reference in any of the foregoing, constitutes the entire Agreement between You and CTTC concerning the subject matter hereof.

5.6 Amendment

CTTC may modify this Agreement from time to time. Each modified version of this Agreement will be posted to CASTLE ACME Email Server website (acme.castle.cloud) at least fourteen (14) days before it becomes effective. If such new version contains material changes and You have provided CASTLE CA with an email address, CASTLE CA will send an email to such address notifying You of such new version at least fourteen (14) days before it becomes effective. In addition, major changes will be flagged with a new Subscriber Agreement version number in the ACME protocol, so You may be able to configure Your ACME Client Software to notify You of such changes.

5.7 Severability

If any provision of this Agreement is found to be invalid, unenforceable, or contrary to law, then the Agreement will be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent or, if that is not possible, by striking the provision and enforcing the remainder of this Agreement.

5.8 Authorization of CTTC to Send Emails

By requesting, accepting or using a CASTLE Certificate, You authorize CTTC to send You emails relating to the renewal or revocation of Your Certificates, or to Your request, acceptance, or use of CASTLE Certificates.

CTTC may send You such emails on behalf of CASTLE CA using any email address You provide to CASTLE CA.