ASU Pocket™ / My Skills Pocket App - Terms and Conditions

These Terms & Conditions (“Terms”) govern your use of ASU Pocket™ / My Skills Pocket, the digital credential wallet mobile application (“App”) provided by Enterprise Technology on behalf of Arizona State University (“Provider”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App. Individuals are referred to as “You” in these Terms.

Acceptance of Terms

1.1. These Terms constitute a legally binding agreement between You and the Provider regarding Your use of the App.

1.2. The Provider reserves the right to modify, update, or change these Terms at any time without prior notice. It is Your responsibility to review the most current version of the Terms regularly. Your continued use of the App after any modification of this policy means You have accepted the modifications.

1.3. PLEASE CAREFULLY READ THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS, PROVIDER IS NOT WILLING TO ENTER INTO THE AGREEMENT WITH YOU OR TO PROVIDE YOU WITH ACCESS TO THE APP.

1.4. BY DOWNLOADING OR USING THIS APP YOU AGREE TO THESE TERMS AND ENTER INTO AND AGREE TO BE BOUND BY THESE TERMS AND THE ARBITRATION CLAUSE IN THESE TERMS. ANY INDIVIDUAL AGREEING TO THESE TERMS AND ENTERING INTO THE AGREEMENT ON AN ORGANIZATION’S BEHALF REPRESENTS AND WARRANTS THAT SHE, HE, OR THEY HAVE ALL APPROPRIATE AUTHORITY TO BIND THE ORGANIZATION TO THESE TERMS AND THAT SHE, HE, OR THEY WILL NOT DOWNLOAD OR USE THE APP UNLESS AND UNTIL SHE, HE OR THEY HAVE SUCH AUTHORITY. 

Description of the App

2.1. The App is a mobile application that utilizes Self-Sovereign Identity (SSI) technology to issue, store, and manage verifiable credentials generated from Your organizational or university data.

2.2. Individual Account Registration

If You create an account on the App (a “User Account”) and submit information to the Provider, You must ensure that such information is accurate. You must promptly update such information if it changes.

As part of Your registration, your credentials will be verified by the Provider (“Verifiable Credentials”). Verifiable Credentials include but are not limited to name, university ID, photo, positions, programs, certificates, badges, or any other digitally signed credentials issued by organizations.

2.3. Security of Account. The App employs strong encryption to securely store the verifiable credentials solely within the mobile wallet. These credentials are not stored in the cloud or any external servers. For a short period of time, the Provider does store on its servers underlying data, including Verifiable Credentials, Your email and name, and other information required to provide you the Verifiable Credentials.

User Ownership and Control

3.1. You retain full ownership and control over the information, including the Verifiable Credentials stored in Your wallet within the App. However, the Provider retains full ownership and control of all the source data for the credentials issued.

3.2. With your explicit consent, the App may allow You to selectively share Your Verifiable Credentials with other organizations, or compatible platforms.

3.3 The Provider does not have access to the Verifiable Credentials on Your device and cannot modify or delete them without Your explicit consent. In the case of the underlying data used to provide You the Verifiable Credentials this may be deleted at any time by Provider. Please note that this will not impact the information stored locally on Your device.

User Responsibilities

4.1. You are solely responsible for validating the accuracy, validity, and legality of the credentials stored in the App. You are also responsible for correcting any issues by contacting the Provider directly, who will contact your organization and correct the original data. 

4.2. You must not use the App for any illegal, fraudulent, or unauthorized purposes.

4.3. You agree to protect Your App login credentials, such as usernames, passwords, and take full responsibility for any activity performed using Your account.

4.4. You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to Your User Account or Your username without Provider’s written permission. You will not share or otherwise transfer Your User Account or credentials.

4.5. The Provider reserves the right to suspend or discontinue Your use of the App if You use, or we suspect You use, the App in a manner inconsistent with these Terms or any applicable laws, rules, and regulations. In addition to suspension or discontinuance of Your use of the App, we may take appropriate administrative and/or legal action, as we deem necessary.

4.6. All questions or disputes regarding the App or these Terms will be resolved by the Provider in its sole discretion. Please direct questions or disputes to MySkillsPocket@asu.edu. All decisions made by the Provider or its designated agents regarding the App, your use of the App, and these Terms are final.

4.7. Your use of the App is subject to all applicable laws and regulations.

4.8. You acknowledge that the App may only be accessed by downloading the App to a mobile device. You will not have the opportunity to view Your User Content, defined below, unless You have downloaded the App and registered an account.

4.9. Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use the App is conditioned upon your compliance with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

4.10. Provider does not control the content of User Accounts. Provider has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that You are solely responsible for all content and material that You input into the App. In connection with User Content, You affirm, represent, and warrant that: You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Provider to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the App and these Terms. For clarity, You shall retain all of Your ownership rights in Your User Content.

4.11. You hereby grant, and You represent and warrant that You have the right to grant, to Provider an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to use Your User Content solely for the purposes of including Your User Content in the App and as otherwise permitted by these Terms.

Privacy and Data Protection

5.1. The Provider respects Your privacy and is committed to protecting Your personal information. The Provider’s collection, use, and sharing of Your personal information is subject to our Privacy Policy.

5.2. By using the App, You acknowledge and agree that the Provider may collect, use, and disclose technical and usage data to improve the App's functionality and user experience.

Intellectual Property Rights

6.1. The App is owned and operated by the Provider. The App, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the App (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the App are the property of the Provider or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the App are proprietary to the Provider or its affiliates and/or third-party licensors. Except as expressly authorized by the Provider under these Terms, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

6.2. You are granted a limited, non-exclusive, non-transferable license to use the App solely for personal, non-commercial purposes.

Guidelines of Your Use, Usage Rules, Prohibited Conduct & Uses

7.1. PROVIDER MAY DELETE OR BAN YOUR ACCOUNT. Provider can request that You delete, or Provider may delete, any content You submit to the App (“User Content”) at any time for any reason, or no reason whatsoever. Any violation of these Terms by Your User Content, as determined by Provider, may result in Your User Account being banned and may lead to the termination of Your access to the App.

7.2. If You are an individual user not representing an organization, You will NOT use the App for any commercial or non-private use, such as the sale or advertisement of goods or services, and You understand that the App is for personal, non-commercial use only in the manner and for the purposes that the Provider intends.

7.3. You will NOT use the App for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export controls.

7.4. You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the User Accounts of other users.

Limitations of Liability; No Warranties to You

8.1. THE APP, SERVICES, OR APPLICATIONS ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PROVIDER, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

8.2. PROVIDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.3. YOU ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE APP. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE APP AT YOUR OWN DISCRETION AND RISK.

8.4. In no event shall the Provider be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the App.

Indemnification

9.1. You agree to indemnify, defend, and hold Provider (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) Your use of the App generally, (b) any violation of the rights of any other person or entity by You, or (c)any alleged breach or violation by You of these Terms. Provider reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and Your use of the App.

9.2. Any proceeding arising out of or relating to these Terms or Your use of the App will be conducted in Maricopa County, Arizona. You consent to such jurisdiction, and waive any objection You may have to venue or convenience of forum.

Governing Law and Dispute Resolution

10.1. These Terms shall be governed by and construed in accordance with the laws of Arizona.

10.2. Any dispute arising out of or in connection with these Terms shall be resolved through negotiation between the parties. If the dispute cannot be resolved amicably, it shall be submitted to binding arbitration.

10.3. Arbitration. You and Provider agree that any disputes must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). You and Provider agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and Provider agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. You and Provider agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

10.4. Scope of Our Agreement To Arbitrate Disputes. This arbitration agreement governs all disputes arising from or related to the interpretation, performance, or breach of these Terms. However, the parties agree that for all other disputes that arise under these Terms, the parties will exhaust all applicable administrative remedies provided for under Arizona Board of Regents Policy 3-809. 

Miscellaneous

11.1. These Terms constitute the entire agreement between You and the Provider regarding the use of the App and supersede any prior agreements or understandings.

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

11.3. The failure of the Provider to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.4. Provider may provide You with notices, including those regarding changes to these Terms, by email or postings on the App. You hereby consent to the use of electronic communications.

Please read these Terms carefully before using the App. If You have any questions or concerns, please contact us at MySkillsPocket@asu.edu.