Terms and Conditions of Use

1.1 These Terms and Conditions of Use (the "Terms") govern access to and use of the software platform available at https://notarizer.dachain.io/ (the "Platform"), intended for the generation, management and verification of digital evidence by means of cryptographic technologies and registration on blockchain infrastructures.

1.2 The Platform is made available by DAC Labs Sagl, a company incorporated under Swiss law, with registered office at Via Massimiliano Magatti 1, 6900 Lugano, Switzerland, company identification number CHE-373.083.360, e-mail info@dachain.tech (the "Provider").

1.3 By accessing the Platform or using any of its functions, the user, whether a natural person or legal entity (the "User"), acknowledges having read, understood and accepted these Terms in full.

For the purposes of these Terms:

"Account" means the profile created by the User in order to access the Platform and its functions.

"Blockchain" means the distributed ledger used, directly or indirectly, for the registration of the evidence generated by the Service.

"Content" means any data, file, document, information, metadata or cryptographic fingerprint transmitted, uploaded or generated by the User through the Platform.

"Hash" means the cryptographic fingerprint of digital content generated through a mathematical algorithm.

"Service" means the set of software functions made available through the Platform.

"Notarization" means the technical process whereby Content, or the relevant Hash, is associated with a timestamp and/or registered on a Blockchain.

3.1 The Service is of a purely technical and informational technology nature.

3.2 The Provider makes available a software tool designed to receive Content submitted by the User solely for the purpose of generating the relevant cryptographic fingerprint, as well as to register and verify cryptographic evidence and technical references on blockchain infrastructures.

3.3 Unless otherwise expressly indicated, the Provider does not retain the files, documents or other content uploaded by the User beyond the time strictly necessary for the generation of the Hash and the completion of the technical Notarization process.

3.4 Unless otherwise agreed in writing, the Service does not constitute: a. notarial activity or any activity reserved to public officials; b. a qualified trust service; c. legal certification of the content, date, authenticity or authorship of any document; d. legal, regulatory or evidentiary advice.

3.5 Any legal, evidentiary or opposable effect vis-à-vis third parties of the evidence generated through the Platform depends exclusively on the applicable law, the specific use context and the assessment of the competent authority.

4.1 To the extent that the relevant functions are made available from time to time, the Platform allows the User to: a. upload files, documents, data or other Content for the purpose of generating the relevant Hash; b. generate cryptographic Hashes of the uploaded Content; c. associate timestamps, metadata or technical identifiers with the Content; d. register such evidence on a Blockchain, directly or indirectly; e. verify the correspondence between Content and a completed registration.

4.2 The upload of Content by the User is intended exclusively for the generation of the Hash and the completion of the Notarization process. Unless otherwise expressly indicated, the original file or content is not retained by the Provider.

4.3 The Provider reserves the right to amend the technical architecture of the Service at any time, including processing methods, batching, interfaces, infrastructural components, protocols and Blockchains used, provided that this does not result in the substantial suppression of the Service already contractually agreed.

5.1 Access to certain functions of the Platform is subject to the creation of an Account by means of an e-mail address and password.

5.2 The User shall provide complete, accurate and up-to-date information at the time of registration and shall keep such information updated throughout the duration of the contractual relationship.

5.3 The User shall keep its login credentials with the utmost care and shall adopt all reasonable measures necessary to prevent unauthorized use thereof.

5.4 The User shall be responsible for all activities carried out through its Account, unless the User proves that any unauthorized use is not attributable to its fault.

5.5 The Provider may send to the e-mail address associated with the Account communications relating to the operation of the Service, security, credential recovery, performance of the contractual relationship and other administrative or operational matters connected with the Platform.

5.6 The Provider shall be entitled to suspend, restrict or deactivate the Account in the event of any breach of these Terms, abnormal use, security risk, legal obligation or request by a competent authority.

6.1 The User undertakes to use the Platform in compliance with these Terms and all applicable laws and regulations.

6.2 The User represents and warrants: a. that it owns the rights to the uploaded Content or is duly authorized to use it; b. that the Content does not infringe third-party rights, mandatory rules or orders of any authority; c. that the Platform shall be used exclusively for lawful purposes; d. that no malware, malicious code or elements capable of compromising the security, integrity or availability of the Service will be uploaded.

6.3 In any event, the use of the Platform for the following purposes is prohibited: a. unlawful, fraudulent or misleading activities; b. infringement of copyright, trade secrets or other third-party rights; c. the upload or registration of data in breach of applicable data protection law; d. technical interference, unauthorized access, scraping, reverse engineering or circumvention of security measures.

7.1 The User retains all rights in and to the Content entered into the Platform.

7.2 To the extent necessary for the performance of the Service, the User grants the Provider a non-exclusive, non-transferable right of use limited to the purpose of receiving, processing, handling, registering and verifying the Content.

7.3 Except as required for technical, security or legal compliance reasons, the Provider does not perform any systematic prior review of uploaded Content.

7.4 The User is solely responsible for the content, lawfulness, accuracy, integrity and availability of the files, documents and data that are notarized.

8.1 Notarization solely makes it possible to generate technical evidence concerning the existence of a Hash or digital reference at a given point in time.

8.2 Unless otherwise agreed in writing, the Service does not certify or guarantee: a. the civil identity of the person who carried out the upload; b. ownership of rights in the notarized Content; c. the truthfulness, substantive authenticity or lawfulness of the Content; d. the original date on which the document was created before its submission to the Platform.

8.3 The possibility of using the evidence generated in judicial, arbitral, administrative or contractual proceedings shall remain entirely at the User's own risk.

9.1 The Service may depend on third-party infrastructures, networks, protocols, nodes, cloud providers, APIs, explorers, wallets or other services.

9.2 The Provider accepts no liability for service disruptions, delays, forks, network congestion, fee increases, malfunctions or vulnerabilities attributable, directly or indirectly, to third parties or to the Blockchain used.

9.3 The Provider shall be entitled to replace or supplement third-party components of the Service for technical, operational, economic, legal or security reasons.

10.1 The User acknowledges that registrations carried out on a Blockchain may present characteristics of immutability or difficult reversibility.

10.2 The User undertakes not to register directly on a Blockchain any personal data in clear text, sensitive data, trade secrets or information exceeding what is necessary for the intended purpose, unless such registration is expressly permitted by the Service and compliant with applicable law.

10.3 Unless otherwise indicated, the Provider recommends the use of the Platform for the registration of Hashes or technical references, and not of the full content of any document in readable form on the Blockchain.

10.4 The processing of personal data in connection with the Service is also governed by the Provider's Privacy Policy, where published.

11.1 The Provider shall render the Service with reasonable professional diligence.

11.2 The Provider does not warrant that the Platform will always be available, uninterrupted or free from errors.

11.3 The Provider may temporarily suspend, restrict or interrupt the Service in the event of maintenance, updates, technical anomalies, cyber threats, force majeure, orders of authorities or any other objectively justified operational requirement.

12.1 The use of the Platform may be free of charge or subject to payment according to the fee plans, offers or orders applicable from time to time.

12.2 Unless otherwise agreed in writing, all amounts are exclusive of VAT and any other taxes that may be due.

12.3 For payment processing, the Provider may rely on specialized third-party service providers, including, by way of example, Stripe and other payment providers selected by the Provider.

12.4 Payments made through third-party providers are subject, in addition to these Terms, to the contractual, technical and operational terms of the relevant payment service provider.

12.5 The Provider shall not be liable for malfunctions, delays, authorization refusals, chargebacks, blocks, anti-fraud checks or other events attributable to third-party providers, payment networks, issuing institutions or other entities involved in the payment process.

12.6 Unless otherwise indicated, the Provider does not directly retain the full data of the User's payment instruments, which are processed by the relevant provider in accordance with its own security standards and contractual and privacy documentation.

12.7 Network commissions, gas fees, banking charges or other third-party costs may be charged separately or included in the price, as indicated at the time of use.

12.8 Subject to mandatory law, fees already invoiced or paid shall not be refundable.

12.9 The Provider reserves the right to amend fees for the future by appropriate notice.

13.1 All intellectual property rights relating to the Platform, the Software, its components, interfaces, documentation, trademarks, logos, databases and related materials belong to the Provider or the respective rights holders.

13.2 Nothing in these Terms shall result in the transfer of any intellectual property rights to the User.

13.3 Unless with the Provider's prior written consent, it is prohibited to: a. copy, reproduce, distribute or make available the Software; b. carry out reverse engineering, decompilation or disassembly; c. remove notices of ownership or protection; d. use the Service to develop competing solutions based on the Platform.

14.1 Unless otherwise agreed in writing, the Provider does not retain the original files uploaded by the User beyond the time strictly necessary for the generation of the Hash and the completion of the technical Notarization process and, in any event, assumes no obligation of permanent retention thereof.

14.2 The User shall independently retain the original files, Hashes, receipts, transaction identifiers and any other evidence necessary to demonstrate the correspondence between the original Content and the relevant registration.

14.3 Any temporary storage of data or documents by the Provider shall not constitute a long-term archiving obligation nor a document preservation service.

15.1 To the extent permitted by applicable law, the Service is provided "as is" and "as available".

15.2 The Provider excludes, to the maximum extent permitted, all express or implied warranties not required by mandatory law, including warranties of fitness for a particular purpose, continuity of operation, merchantability and non-infringement of third-party rights.

15.3 The Provider does not warrant that Notarization, by itself, is sufficient to produce the legal, evidentiary or regulatory effects pursued by the User.

16.1 The Provider shall be liable only for direct damage caused to the User and only to the extent that such damage is the consequence of willful misconduct or gross negligence on the part of the Provider.

16.2 To the fullest extent permitted by applicable law, any liability of the Provider for indirect or consequential damage, loss of profit, loss of revenue, loss of data, reputational damage, business interruption, loss of earnings or third-party claims is excluded.

16.3 In particular, the Provider shall not be liable for: a. Content entered by the User; b. loss of the original file or credentials by the User; c. improper use of the Platform or of the evidence generated; d. unavailability or malfunction of third-party infrastructures or Blockchains; e. force majeure events or orders of authorities.

16.4 In any event, save in cases of willful misconduct or gross negligence and to the extent permitted by law, the Provider's aggregate liability arising out of or in connection with these Terms shall not exceed the total amount paid by the User for the Service during the twelve (12) months preceding the event giving rise to liability; in the case of free use, the maximum liability shall be limited to CHF 100.

The User undertakes to indemnify and hold harmless the Provider, its corporate bodies, employees and agents from and against any claim, action, damage, loss, cost or expense, including legal fees, arising out of: a. unlawful use of the Platform; b. breach of these Terms; c. infringement of third-party rights; d. Content uploaded or registered by the User.

18.1 The Provider may suspend or terminate, in whole or in part, access to the Platform with immediate effect in the event of any breach of these Terms, security risk, legal obligation, order of an authority, non-payment or other serious cause.

18.2 The User may cease using the Platform at any time.

18.3 Termination of the relationship shall not prejudice any rights and obligations arisen prior to the date of termination.

19.1 The Provider may amend these Terms at any time.

19.2 Any amendments shall enter into force upon publication on the Platform or on such other date as indicated by the Provider.

19.3 Continued use of the Service after the entry into force of the amendments shall constitute acceptance thereof.

Should one or more provisions of these Terms be held invalid or ineffective, the validity of the remaining provisions shall not be affected. The invalid provision shall, to the extent possible, be replaced by a valid provision that most closely reflects the original economic and legal purpose.

21.1 These Terms shall be governed by Swiss law, excluding the rules of private international law leading to the application of another law.

21.2 Any dispute arising out of or in connection with these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the courts at the Provider's registered office in the Canton of Ticino, subject to any mandatory forum provided by law.

22.1 These Terms, together with any documents expressly referred to herein, constitute the entire agreement between the Provider and the User in relation to the use of the Platform.

22.2 Any waiver, amendment or supplementary agreement shall require written form.

22.3 Any failure or delay by the Provider in exercising a right shall not constitute a waiver thereof.