Article 1. Introduction
1.1. Purpose of these Terms
These Terms of Use ("Terms") govern your use of the HashCam mobile application ("App") and the services provided by Impact Makers BV. They establish a legal agreement between you ("User") and us regarding access to and usage of the App. These Terms apply except where mandatory statutory rights of the User prevail.
1.2. Identity of Provider
The App is developed and operated by:
Impact Makers BV
Mimosalaan 18
3191 Boortmeerbeek, Belgium
VAT: BE 0777.567.440
Email: hello@hashcam.io ; Telephone: +32 15 52 07 71
Single point of contact under Art. 11 DSA: hello@hashcam.io.
User support: hello@hashcam.io (English/French/Dutch).
1.3. Acceptance of Terms by User
By downloading, installing, or using the App, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, you must refrain from using the App.
1.4. Related Documents
These Terms incorporate and must be read alongside the Privacy Policy, the End User Licence Agreement (EULA) in the Annex, and the Frequently Asked Questions (FAQ).
Article 2. Description of the App
2.1. Core Functionality
HashCam allows Users to capture photos and videos that are hashed locally on their device using the SHA-256 algorithm. The resulting hash is recorded on the Ethereum blockchain.
2.2. Certificate of Timestamp
For each timestamped file, Users may download, or, if they opt in, have automatically saved to their private iCloud Drive, a PDF certificate that contains the file hash, a blockchain-verification link, and (when location services are enabled) the geographic location of capture.
You (or any third party) can later verify a certificate by dropping the original media file on our browser-based verifier at https://hashcam.io/verify/. The hash is calculated locally in your browser and compared with the hash stored on our public smart contract; no copy of the media is uploaded or retained during this check.
2.3. Data Security Assurance
User media files never leave the device. Where you have enabled iCloud storage, only the PDF certificate (not your media file) is copied to a ‘HashCam’ folder in your iCloud Drive; we never access that copy. Only the hash is transmitted. No images or videos are uploaded or stored by HashCam. When you use the web-based verifier described in Article 2.2, the media file stays inside your browser and is never sent to our servers.
2.4. Legal Disclaimer
HashCam provides a technical timestamp. It is not a qualified electronic timestamp under Regulation (EU) No 910/2014 (eIDAS). It does not replace notarial or qualified time-stamp services. See the FAQ for details.
2.5 Updates & Legal Conformity
We will supply, at no additional cost, all security, compatibility and feature updates that are necessary to keep the App in conformity with these Terms and applicable law for at least twenty-four (24) months after the date of your last purchase of Credits. We will notify you, via the App or your device settings, of the availability of such updates and the consequences of failing to install them. If you fail to install an update we supplied, we are not liable for any lack of conformity resulting solely from that failure. We will supply those updates for at least twenty-four (24) months after the date of your last purchase of Credits.
2.6 File-integrity warning
Your blockchain proof is tied to the exact bit-level hash of the original photo or video. If the file is edited, cropped, compressed, renamed or filtered, even slightly, the hash changes and the proof is lost. Keep the untouched media file and the PDF certificate together in a secure place such as a hard drive, USB stick or reputable cloud backup. Treat them as you would a digital receipt or legal document.
Article 3. Legal Value of the Timestamp
3.1. Belgian Civil Code
Under the Belgian Civil Code, digital artefacts may serve as a "beginning of proof" when their origin and integrity can be demonstrated.
3.2. Plausibility of Evidence
HashCam’s certificates may help substantiate the existence of content at a specific time, but must be supplemented with other evidence in legal proceedings.
3.3. No Guarantee of Admissibility
Recognition of HashCam certificates varies by jurisdiction and may depend on corroborating evidence. HashCam does not in any way guarantee acceptance of certificates by courts or public authorities.
Article 4. Eligibility and Access
4.1. Eligibility
You must be at least 17 years old to register an Account or use the App.
By downloading, installing or using HashCam you represent and warrant that (a) you are 17 years of age or older and (b) you have full legal capacity to enter into a binding contract.
The App is rated “17+” in the Apple App Store and is not intended for minors. If you are under 18, you further confirm that you have obtained any parental or guardian consent required by the laws of your country of residence.
4.2. Technical Requirements
Use of the App requires an Apple device running one of the two latest major iOS / iPadOS versions (currently iOS 17 or 18) that supports Secure Enclave features.
4.3. Authentication
User access is enabled via Apple ID and secured with JSON Web Tokens (JWT).
Article 5. Account and Credit Use
5.1. Credit-Based Functionality
Certain functions, including timestamp registration, require in-app purchases of credits.
5.2 Refund Policy for Credits
Credits are non-refundable and non-transferable, and have no monetary value outside the App, except where mandatory law requires a refund. Mandatory refunds include, but are not limited to, (i) the lack-of-conformity remedies in Art. 5.2bis and (ii) the pro-rata refund option in Art. 5.4 when a gas-price suspension exceeds thirty (30) days.
5.2bis Legal Remedies (Consumers)
If the App or its digital service is not in conformity, you are entitled to the remedies, namely: (a) restoration of conformity within a reasonable time; or, where restoration is impossible or disproportionate, (b) an appropriate price reduction or (c) termination with pro-rata reimbursement of unused credits. These remedies are free of charge.
5.3. Authentication Tokens
User authentication uses Apple-generated pseudonymous ID and temporary relay email address. Tokens are securely stored in Apple’s iOS Keychain. Tokens are stored until you delete the App or 12 months after last activity, whichever is sooner.
5.4 Network Fees (‘Gas’).
Credits include the Ethereum transaction fee (‘gas’) applicable at the time of purchase. We may suspend new timestamp registrations without liability if average gas prices exceed three (3) times the rolling 90-day average published by Etherscan.
During any such suspension your existing, unused credits remain valid and will automatically become redeemable once registrations resume. The suspension period is not counted towards any credit-expiry deadline, and you will not be charged additional gas fees for timestamps initiated after the suspension ends.
If the suspension exceeds thirty (30) consecutive days, you may request, at your option, (i) a refund of the unused portion of your credits or (ii) an extension of credit validity by the length of the suspension.
5.5 Credit Expiry
Unused Credits automatically expire five (5) years after their purchase date. Expired Credits are removed from your balance and cannot be redeemed. The expiry clock pauses during any gas-price suspension under Art. 5.4 and restarts when registrations resume. This clause does not affect any statutory refund rights you may have.
Article 6. Limited Licence
6.1. Licence Grant
We grant a limited, non-exclusive, revocable, non-transferable licence to install and use the App for personal use only.
6.2. Licence Restrictions
Users may not:
• Reverse-engineer or decompile the App, except to the extent such restriction is prohibited by applicable law;
• Circumvent technical limitations;
• Use the App for unlawful purposes;
• Create competing services;
• Transfer or resell the App or its licence.
6.3 Prohibited Conduct & Transparency (Art. 14 DSA)
6.3.1. You may not use the App to:
(a) hash or timestamp material that is illegal to possess under Belgian law (e.g. child sexual abuse material or terrorist content);
(b) infringe third-party intellectual-property or personality rights;
(c) interfere with, probe, or overload the Ethereum blockchain or our APIs; or
(d) circumvent technical limitations or security controls.
We reserve the right to suspend or terminate access, delete hashes, and report suspected illegal activity to the competent authorities, if appropriate.
6.3.2. HashCam does not host or make available user-generated content to the public and therefore applies no recommender systems or algorithmic ranking whatsoever. Hashes are transmitted 1-for-1 to the blockchain in the order we receive them.
Article 7. Intellectual Property Rights
7.1. Ownership and Reservation of Rights
All right, title and interest, including every copyright, patent, trade mark, trade-secret, sui generis database right and any other intellectual-property right, in and to:
(a) the App (both source and object code),
(b) all user-interface elements, graphics, audio, video, and design lay-out,
(c) the underlying databases and smart-contract logic,
(d) all documentation and marketing materials, and
(e) every certificate, hash, or metadata string generated by or through the App,
are and shall remain the exclusive property of Impact Makers BV or its third-party licensors.
7.2. User Content
(a) HashCam does not access your media. You retain full ownership of your original files.
(b) You grant us a non-exclusive, worldwide, royalty-free licence to process your media locally and transmit the resulting hash for the purpose of providing the Services.
(c) You represent that you own or have the necessary rights in any media you process with HashCam.
(d) You shall indemnify and hold Impact Makers harmless from any third-party claim alleging that your media or use of the App infringes intellectual-property or personality rights, arising from media you processed while knowing that you lacked the necessary rights.
Article 8. Privacy and Data Use
8.1. Data Minimisation
The App processes only minimal personal data: your Apple ID credentials and, if you enable the feature, the location of capture stored locally on your device. No media is uploaded. Authentication relies on Apple ID data. Our lawful basis is performance of a contract (Art. 6 (1)(b) GDPR). Full details in our Privacy Policy [insert link].
8.2. Security Measures
Tokens are encrypted and stored in Apple Keychain. We implement technical and organisational measures to protect your data. Our backend infrastructure is hosted on Combell NV data-centres located in Belgium (EU). We will notify users and regulators of personal-data breaches without undue delay as required by law.
8.3. Your Rights
You may request access, correction, or deletion of your personal data as outlined in our Privacy Policy.
Article 9. Disclaimers and Limitations
9.1. No Warranties
The App is provided ‘as-is’. Nothing in this clause limits your mandatory statutory rights, including the guarantees and remedies set out in Articles 2.5 and 5.2bis. We give no additional contractual warranties beyond those rights.
9.2. Limitation of Liability
9.2.1. We are not liable for: (i) temporary service interruption or blockchain unavailability; (ii) loss or corruption of data or files; (iii) legal outcomes that depend on how you use a HashCam certificate; or (iv) indirect, incidental, special, punitive or consequential damages.
9.2.2. Our aggregate liability for all claims in any rolling twelve-month period shall not exceed the lower of (i) three (3) times the total price you paid for Credits in that period or (ii) EUR 5000.
9.2.3. The above cap and exclusions do not apply to liability that cannot be limited by law, including (i) death or personal injury, (ii) willful misconduct, or (iii) gross negligence (zware fout).
9.2.4. Nothing in these Terms limits the statutory conformity remedies in Art. 5.2bis or your mandatory rights under Book VII Belgian Civil Code and Directive (EU) 2019/770.
Article 10. Modifications to the Terms
10.1. Updates and Notification
We may modify these Terms only for: (i) introducing new features that do not downgrade existing ones, (ii) security/compliance, or (iii) abuse prevention. If the change materially disadvantages you, you may terminate and obtain a pro-rata refund of unused Credits before the effective date.
10.2. Continued Use
Changes enter into force 30 days after we notify you by in-app message or e-mail. If you disagree you may terminate and request a pro-rata refund of unused Credits before that date.
Article 11. Governing Law and Jurisdiction
11.1. Applicable Law
These Terms shall be governed by Belgian law.
11.2 Jurisdiction
Any dispute shall fall within the exclusive jurisdiction of the courts of Leuven, except that consumers may also bring proceedings before the courts of their place of residence pursuant to Art. 18(1) Brussels I bis Regulation.
11.3 Out-of-court settlement (information duty)
As a consumer you may have the right to submit a dispute for out-of-court resolution to an approved alternative dispute-resolution (“ADR”) body. We are not obliged and do not undertake to participate in such procedures, unless this becomes mandatory by law. This clause is for information only and does not constitute advance consent to any particular ADR process.
For purchases made before 20 July 2025 you may also lodge a complaint via the European ODR platform: https://ec.europa.eu/consumers/odr.
Article 12. Right of Withdrawal
12.1. If you are a consumer residing in the European Union, you have the legal right to withdraw from your purchase within fourteen (14) days of the transaction, without giving any reason. However, this right does not apply if:
• the digital service has already been fully performed; and
• you have given your explicit prior consent to begin the service during the withdrawal period; and
• you have acknowledged that you lose your right of withdrawal once performance has begun.
12.2. By purchasing timestamp credits or initiating blockchain registration within the app, you explicitly agree that performance of the service begins immediately. Therefore, you waive your right of withdrawal for that transaction.
12.3. For purchases made through the Apple App Store, billing, cancellations and any refund decisions are governed exclusively by Apple’s own terms and policies (https://support.apple.com/en-us/HT204084).
This clause deals only with Apple’s store processes and does not limit your statutory remedies against Impact Makers described in Articles 5.2bis and 5.4.
Article 13. Miscellaneous
13.1. Articles 6 (Licence), 7 (IP Rights), 8 (Privacy), 9 (Disclaimers), and this Art. 13 survive termination or expiry of these Terms.
13.2. If any provision is held invalid or unenforceable, the remaining provisions remain in full force. The invalid term will be replaced by a valid term that comes closest to the economic intent of the original.
13.3. Neither party is liable for failure or delay caused by events beyond its reasonable control, including blockchain network congestion, denial-of-service attacks, acts of God, war, or governmental action. This does not affect any mandatory statutory rights or remedies available to consumers under applicable law.
Annex: End-User Licence Agreement (EULA)
This EULA forms an integral part of, and is subject to, the HashCam Terms of Use; in case of conflict, the Terms prevail.
A.1. Grant of Licence
Subject to these Terms, Impact Makers BV grants you a limited, non-exclusive, non-transferable, revocable licence to install and use HashCam on Apple-branded products that you own or control and as permitted by the App Store Terms of Service.
A.2. Restrictions
You may not:
• Modify, adapt, or create derivative works of the App;
• Distribute, resell, sublicense, or transfer the App;
• Decompile or reverse engineer any part of the App, except where such acts are permitted by applicable law solely for purposes of interoperability with an independently created program.
• Use the App in violation of applicable law or third-party rights.
• Use of the App if you are under 17 years old, as set out in Article 4 of the Terms.
A.3. Apple-Specific Terms
(a) Acknowledgement. This EULA is between you and Impact Makers BV, not Apple Inc.
(b) Scope of Licence. The licence granted in Article A.1 is limited to Apple-branded products you own or control and as permitted by the App Store Terms of Service.
(c) Maintenance & Support. Impact Makers BV, not Apple, is solely responsible for providing maintenance and support for HashCam.
(d) Warranty. If HashCam fails to conform to applicable warranties, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligations. All other statutory warranties are provided by Impact Makers BV.
(e) Product Claims. Impact Makers BV, not Apple, is responsible for addressing any claims relating to HashCam or your possession and use thereof.
(f) Intellectual Property Claims. Impact Makers BV, not Apple, is solely responsible for investigating, defending, settling, and discharging any IP claims.
(g) Legal Compliance. You warrant that you are not located in a country subject to U.S., EU or UK embargoes or on denied-party lists, and you will comply with all export laws.
(h) Third-Party Terms. You must comply with any applicable third-party agreements (e.g., wireless carrier agreements).
(i) Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.
(j) Developer Contact. Questions or claims regarding HashCam should be addressed to Impact Makers BV, Mimosalaan 18, 3191 Boortmeerbeek, Belgium — hello@hashcam.io — +32 15 52 07 71
A.4. Termination
This licence is effective until terminated by you or Impact Makers BV. Your rights under the licence will terminate automatically without notice if you fail to comply with the Terms. Articles A.2 through A.6 and any provisions in the main Terms that by their nature should survive, shall survive termination or expiry of this EULA.
A.5. Third-Party Components
The App may contain open-source software or third-party libraries subject to separate licences. A current list of all open-source components and their licences is available within the app under Settings > Open-Source Licences and on our website. Use of such components is governed by their respective terms.
A.6. Export Compliance
You may not download or use HashCam if you (a) are located in, or a resident of, a country subject to U.S., EU, or UK Government embargoes or sanctions, or (b) are listed on any U.S., EU, or UK denied-party list. You agree to comply with all applicable export-control and sanctions laws.
A.7. Governing Law
This EULA is governed by Belgian law. Notwithstanding this, consumers may bring proceedings in the courts of their domicile. For all other users, the courts of Leuven, Belgium, have exclusive jurisdiction.
