Terms and Conditions

General Information

The use of the application “BCDOCUDEMO” and its (integrated or online downloaded) contents (hereinafter BCDOCUDEMO app ) requires the prior consent to the following usage agreement between Notardec GmbH, Schutzengelstrasse 36, 6340 Baar, Switzerland (hereinafter Notardec) as provider of the BCDOCUDEMO app and the user. We therefore ask you to read the user agreement for the BCDOCUDEMO app carefully before navigating on the BCDOCUDEMO app and using the services it offers.

1. Scope

The BCDOCUDEMO app is provided by Notardec GmbH. The BCDOCUDEMO app is a platform for mobile devices (mobile phones, tablets) and is aimed at users residing inside and outside Switzerland, who wish to educate themselves on the subject of using Blockchain technology for notarization purposes.

The terms and conditions of this user agreement shall also apply to any updates, upgrades or updates of the BCDOCUDEMO app provided by Notardec GmbH which replace or supplement the originally obtained version of the BCDOCUDEMO app, unless such update or upgrade or such agreement is subject to a separate agreement.

Acceptance of the user agreement is effected by downloading and/or using the BCDOCUDEMO app. The user declares that he has read, understood and accepted the user agreement.

The respective App Store operator is not a party to this agreement. However, it is a third-party beneficiary with the right to enforce this user agreement against the user.

2. License and use of the App

After agreeing to the terms and conditions of the user agreement and as far as permitted by the additional terms and conditions of use and guidelines of the respective App Store operator, Notardec GmbH grants the user the non-exclusive, personal, non-transferable, revocable right to install and use the BCDOCUDEMO app for private and commercial purposes exclusively on the users own devices (i.e., in the property of the user or his employer or otherwise under the control of the user or his or her employer) and as authorized by the App Store operator.

However, the user is prohibited from using the BCDOCUDEMO app in any way not provided for in this user agreement without the prior written consent of Notardec GmbH or from transferring or lending it to third parties. Furthermore, the user must not sell, rent, lease, copy, modify, adapt, redistribute, publicly display, transmit, transmit, modify, decompile, reverse engineer, disassemble, obtain the source code, sublicense or transfer the BCDOCUDEMO app to third parties for use or for any of the aforementioned purposes or transfer or assign any rights to third parties without authorization.

Notardec GmbH does not charge for the download, installation of the BCDOCUDEMO app . Additional costs may be incurred in accordance with the tariffs of the parties, domestic or foreign telecommunications providers chosen by the user. Individual functions of the BCDOCUDEMO app may cause the transmission of large amounts of data, so that high transmission fees may be incurred for the transmission of this content via a data connection.

If the user is not the payer of the mobile device used for the BCDOCUDEMO app, Notardec GmbH assumes that the user has the payer’s permission to use the application.

3. Cryptographic key and its storage

The BCDOCUDEMO app allows the user to manage and use a cryptographic key pair. This key pair is needed to execute transactions on a blockchain. More about transactions, their purpose and meaning in point 4. A key pair consists of a public key and a private key. The public key is used in the form of a blockchain address as the holder of cryptographic tokens or as the owner of rights for specific actions on the blockchain. The private key is used to manage these tokens or to exercise these rights. The private key is stored exclusively on the BCDOCUDEMO app. Notardec will never make copies of the private key or copies of other data that will enable Notardec to recover the user’s private keys. Having control over a private key means technically being able to manage tokens and exercise rights. The BCDOCUDEMO app can both – generate key pairs and import existing key pairs (or restore a backup of previously generated key pairs by the BCDOCUDEMO app). For the key pair generated by the BCDOCUDEMO app, the user is offered the option of a backup. The user of the BCDOCUDEMO app is solely responsible for the possibility of backing up the key pair. During a backup, the user will be presented with a sequence of 24 words that will restore the key pair generated by the app. The user is solely responsible to keep the 24 recovery words of his cryptographic key pair secret in a safe place. Notardec has no way to replace lost keys. Notardec has no means of restoring or recovering any cryptographic tokens associated with the key or any rights granted to the cryptographic keys. With installing and using the BCDOCUDEMO app the user confirms, that he is aware of the importance of the key pair and that he deals with the key and any backup with due care.

Notardec has no influence beyond the BCDOCUDEMO app on how the smartphone’s operating system, the smartphone’s hardware, or any other installed apps or features interact with the BCDOCUDEMO app, and their ability to keep and store cryptographic keys secure and save.

Malicious hardware or software as well as malicious code from different sources can lead to the loss or theft of cryptographic key pairs.

Notardec disclaims all warranties – implicit and explicit – for damages caused to the user by the loss or theft of cryptographic key pairs by third parties due to a hardware or software error in the smartphone or malicious code in the operating system of the smartphone, other apps or data.

4. Transactions and transaction fees

The user of the BCDOCUDEMO app can create records on blockchain and in addition can sign other – generic – blockchain transactions with his private key. Only a valid private-key-signed cryptographic transaction can modify data on the blockchain. Such a transaction may instruct the passing or management of cryptographic tokens at the associated cryptographic address or the execution of rights granted to the cryptographic address.

These cryptographic transactions are prepared by the user himself via a Notardec web application or through the BCDOCUDEMO app and are then sent to the BCDOCUDEMO app for signing. The user is responsible for the correct and careful preparation of the transactions.

Notardec assumes no responsibility or liability for the content of the transactions, the way in which the rights granted to the cryptographic addresses are executed, or the distribution or management of cryptographic tokens by the user.

With the BCDOCUDEMO app the user can check the transactions before signing. It is the sole responsibility of the user to verify this information. Notardec believes that the user makes use of this opportunity before a transaction is signed.

Cryptographic transactions change data in the blockchain. Data in the blockchain is not stored in one place, but exists on many different devices of a blockchain network. The network decides, based on internal rules, whether transactions are valid and whether the changes triggered by them are included in the blockchain data or not. The user is a participant in this blockchain network. Only valid transactions of the user and other users of the Blockchain network can modify this data.

Notardec has no possibility to modify or influence this data at its own initiative in any way. All changes to the data come about through valid transactions, which were previously signed by the user by means of his private key and after thorough examination by the user.

Notardec has no option to cancel, recall or invalidate signed transactions. Notardec therefore disclaims any liability for the outcome of the transactions in the Blockchain.

The transmission of blockchain transactions may cause processing fees (called gas fees) owed to the network which the user authorizes with his signature. BCDOCUDEMO applications are based on SparkNet (https://sparknet.online) as blockchain network, which claims gas fees, but provides the gas for free. Therefore no costs result. The distribution of gas tokens is controlled by the network. The user acknowledges and accepts that Notardec has no influence on the users supply of gas tokens.

5. Blockchains and transaction times

By using the BCDOCUDEMO app, the user acknowledges that he understands the purpose and use of a blockchain and understands that blockchains do not immediately execute transactions but take some time for transactions to be verified and propagated. He confirms that he knows that the data is stored in blocks and that these blocks are created and validated by third parties. Notardec has no influence on the formation and validation of the blocks.

Transactions that change data in the blockchain are processed asynchronously. Notardec can not give any guarantees as to when a transaction will be processed. Notardec assumes no liability if transactions are processed too late or not at all.

6. Support, Updates and Deactivation of the App

Notardec GmbH reserves the right to update the BCDOCUDEMO app at its own discretion. However, Notardec GmbH is under no circumstances obliged to update the BCDOCUDEMO app.

As a matter of principle Notardec GmbH does not provide any support, maintenance and/or unpaid consulting services in connection with the BCDOCUDEMO app. In the event of defects, functional problems or complaints in connection with the BCDOCUDEMO App, these can be reported via the corresponding e-mail address (support@notardec.com).

Notardec GmbH can update the BCDOCUDEMO app with a function that deactivates it completely or partially, temporarily or permanently. Notardec GmbH is entitled to this right without prior notice, without giving reasons and without any compensation to the user. There is therefore no entitlement to continued use of the BCDOCUDEMO app.

7. Exclusion of warranty and liability

Notardec GmbH provides the user with the BCDOCUDEMO app as seen, i.e. “as-is”. Downloading, installing and using the BCDOCUDEMO app is entirely at the users own risk. Both Notardec GmbH and the App Store operators hereby completely exclude (both tacit and explicit) warranty for the BCDOCUDEMO app and make no other (tacit or explicit) promises, warranties or assurances with regard to the BCDOCUDEMO app.

In particular, there is no warrant that: (i) the BCDOCUDEMO app functions or is available without errors or interruptions at all times or that errors are corrected; (ii) the downloading, installation and use of the BCDOCUDEMO app will not lead to losses, data damage, attacks by third parties, infestation with viruses or other malicious software, unwanted interventions, hacking or other security-relevant disruptions (e.g. reading or changing of data by third parties). The user is solely responsible for the data backup of your system, including the BCDOCUDEMO app stored on the system.

The liability of Notardec GmbH for direct, indirect or special damages or consequential damages arising from the use of this application or linked pages and applications, including without limitation damages such as loss of profit or revenue, interruption of business or professional activities, loss of programs or other data stored on the users device is hereby waived to the extent permitted by law.

The BCDOCUDEMO app is offered via mobile networks and nodes that are not controlled or operated by Notardec GmbH. For this reason, Notardec GmbH is not liable for a failure of the application or for difficulties or non-functioning of downloads or content or other errors resulting from third party networks or nodes not functioning. The operators of the nodes are also not liable to the user for a failure of the application or for difficulties or the non-functioning of downloads or content or other errors.

8. BCDOCUDEMO web application

In addition to the BCDOCUDEMO app Notardec GmbH provides a web application, which provides functionalities similar to the BCDOCUDEMO app and unlike the BCDOCUDEMO app allows access without prior installing any software or registration as a user. The user understands that the interoperability between BCDOCUDEMO app and BCDOCUDEMO web application can not be guaranteed and that any interruption of internet services, any updates to the software of the web application or possible malfunctions may cause a temporary or permanent inability to access the web application. Notardec GmbH reserves the right to restrict the access to the web application at any time or make it subject to prior registration or remove the web application alltogether.

For writing data the web application requires a valid user login and at least one registered device, which carries a cryptographic key pair for signing. One such device can be the BCDOCUDEMO app. Additional software devices such as TX.Mobile or hardware devices such as Ledger Nano may also be used for signing transactions. Notardec GmbH waives all responsibility for the proper functioning of the transaction signing process with such additional software and hardware devices and does not give any warrent with regards to support, future compatibility or security.

9. BCDOCUDEMO data store

The BCDOCUDEMO app and web application allow the user to create entries on blockchain. These entries solely contain the timestamp of their creation, the proof of the origin of creation through the ethereum address, which is the public part of the key pair (see point 4) and an unforgeable fingerprint of the record data, which was recorded alongside with the entry on blockchain. This record data is stored outside of blockchain (referred to as off-chain). The fingerprint of the record data prove its authenticity through cryptographic and mathematical means. These cryptographic and mathematical models are not developed by Notardec, therefore Notardec GmbH can not guarantee that the beforementioned methods prove invulnerable against any attack. The user understands that it could be possible for third parties – with or without malicious intention – to generate record-data either now or in the future that have the same fingerprint as the users record-data and may therefore be mistaken as the data originally recorded by the user. As the record data is stored on the platform used by Notardec GmbH to deliver its services, Notardec cannot guarantee a perpetual functioning or availability of the record data. The user has the possibility to download the record data immediately after creation of the record on blockchain and afterwards. Such a download together with the record on blockchain represent a fully functional backup of the record data and allows to prove its authenticity. It is the sole responsibility of the user to download and safely store such backups. Notardec GmbH waives all responsibility for making and keeping backups of record data.

10. BCDOCUDEMO attachment store

Alongside the record creation the BCDOCUDEMO app allows the user to attach a file. The metadata of the file, its own fingerprint, filesize, name and filetype are part of the record data. When a record with attachment is activated, the attachment is encrypted and uploaded to an attachment store provided by Notardec GmbH. The uploaded file is exclusively available to the user under his user ID and may not be downloaded by third parties. The user understands, that the BCDOCUDEMO app and web application are not meant for filesharing, and that any such attempt may result in the loss of access for the user to any of the Notardec services now and in the future. The purpose of the uploaded and encrypted file is to serve as a backup for the user in case the device on which the attachment file has been created (e.g. snapshot with a camera) is damaged or lost.

Notardec has at no time access to the unencrypted file and is therefore not responsible for its content. The user is without any restriction liable for any copyright infringements or violations of any law committed by creation of the record. Notardec reserves the right to delete any off-chain data including the attachment upon violation of these terms and conditions or if asked by law enforcement agencies.

Attachments may be uploaded or downloaded with the BCDOCUDEMO web application. Any such process that involves encryption or decryption requires authorization through the proper device. The user is informed that such authorization can only be granted with the BCDOCUDEMO app and that the attempt to create and sign records with any other device than the BCDOCUDEMO app may lead to a permanent loss of access to the uploaded attachment.

The decryption of attachments require the key pair with which the attachment has been created if the key pair is lost, the attachment cannot be decrypted again by the user. The user understands and acknowledges that there is no way for Notardec to decrypt the attachment in case the user has lost his private key.

11. BCDOCUDEMO education and training for proof of timestamp

The BCDOCUDEMO app and web application are provided for the sole purpose of education and training. Recording data and using the off-chain data (record data and an optional attachment) in combination with the record on blockchain to prove the authenticity of the off-chain data and the time when it has been generated shall not be used for any real use-cases. By using the BCDOCUDEMO app the user explicitly agrees that he will never use the BCDOCUDEMO app and web application for other purposes than education and training.
Notardec GmbH is not responsible for any of the content that is timestamped, for the authenticity of any of the content and especially not for any intellectual property rights or copyrights associated with any of the data that is recorded. Notardec is therefore under no circumstances a party in any legal or other proceedings concerning the intellectual property rights or copyrights of any data the user records through the BCDOCUDEMO app and web application.

12. Sharing of record data

All records created through the BCDOCUDEMO app or BCDOCUDEMO web application have a unique identifier, referred to as record ID. Any party who knows the record ID regardless how it was obtained can get access to the record data through BCDOCUDEMO app or BCDOCUDEMO web application. Notardec has no control over the sharing of the record ID and has no means to restrict it. The user understands and acknowledges that the record data as well as the record on blockchain is therefore publicly accessable and – once created – is persisted. There is no way for Notardec to remove the record again from blockchain. The user understands and agrees that any data he records on blockchain is permanent.

13. Intellectual property rights

Notardec claims no copyright to the data recorded by the users. However the user grants Notardec the perpetual right to store the data and grant read access to the data to other users. Notardec does not assume the right to alter the data or use it for other purposes than displaying it to other users through the BCDOCUDEMO app, the BCDOCUDEMO web application or the Notardec API.

All copyrights, trademark rights and other intellectual property rights in connection with the software of the BCDOCUDEMO app and the software of the BCDOCUDEMO web application are the exclusive property of Notardec GmbH. In particular, the entire content of the BCDOCUDEMO app and BCDOCUDEMO web application except for the data recorded by the user is protected by copyright. All rights with regard to the BCDOCUDEMO app and BCDOCUDEMO web application, which are not expressly granted to the user within the framework of the user agreement, remain with Notardec GmbH and its licensors. The unauthorized use, reproduction or reproduction of the content or parts of the content of the BCDOCUDEMO app is prohibited. No legal, copyright, trademark or other notices may be removed from the BCDOCUDEMO app.

14. Transmission of Data and Data Protection

The user agrees that Notardec GmbH may obtain, collect, process and use anonymous tracking data for the purpose of optimizing the BCDOCUDEMO app and for statistical purposes when using the BCDOCUDEMO app. The tracking data does not allow any conclusions to be drawn about the user and is merely intended to provide general information about the user’s behavior. These data form the basis for statistical, anonymous evaluations and serve the continuous improvement of the BCDOCUDEMO app. In order to be able to offer user-specific and market-driven offers, the user agrees that Notardec GmbH may collect and process the necessary data on the use of the BCDOCUDEMO app. Our data protection declaration is available at: https://notardec.com/privacy-policy/

15. Termination

The license is valid until cancelled. The user or Notardec GmbH can cancel it at any time. The rights of the user under this License will terminate automatically or immediately without notice from Notardec GmbH if the user violates this User Agreement. After termination or automatic termination of the license, the user is obliged to cease all use of the BCDOCUDEMO app and to destroy any copies thereof.

16. Current version

For the use of the BCDOCUDEMO app, the current version of the user agreement applies (current version: 5.Oct.2021). Notardec GmbH reserves the right to change or amend these Terms of Use at any time and without prior notice. The continued use of this application after publication shall be deemed acceptance of these changes.

17. Applicable law and place of jurisdiction

The user agreement as well as the use of the BCDOCUDEMO app are subject to Swiss law. The Court of the Canton of Zug, Switzerland, shall have jurisdiction over any disputes arising from or relating to the existence of this agreement. Notardec GmbH may also sue the other party before any other competent court.