Disclaimer & Legal (AOC Blockchain)

SECTION I: Definitions & semantic

Reviewed & Confirmed by a Lawyer, not a legal opinion


1.1: Address Ownership Certificate (AOC):
The Address Ownership Certificate is a PDF document which is signed by a Lawyer using a Qualified Digital Signature. The digital signature is compliant with ISO 27001, eIDAS and FINMA requirements and has therefore the same legal value as a wet signature. It ensures the integrity of the content, time and the signatory of the document. A paper back certificate can be provided and signed by hand by our Lawyer but this service would require additional charges and can be requested on an ad-hoc basis.

1.2: Meaning of "Ownership Certificate":
Within the blockchain technology there is no possibility to publiccly verify that a given public address belongs to a given individual. Similar to the concept of "bearer shares", the owner of a Private Key is the one who holds it or exercise effective control over it. By Ownership we mean an effective and demonstrable control over the Private Key that commands a given Public Key. Our certificate is therefore provided as a confirmation of a fact; the fact being the technical control over the related yet "Unknown" Private Key. The Certificate is given for the Public Key which can be seen publicly on the concerned blockcahin ledger.

1.3: Identity verification process:
By verification we mean the reception and assessment of the connexion of an Identity document copy with the person ordering our service. As much as possible we use the tools and standards of Identity Verification of the Banking & Finance industries. We may request additional activities or documentation shall our initial steps prove not enough for our compliance team to identify the customer. In some instances we may refuse to conclude a verification and in which case our Cancellation and or Refund policies will apply.

1.4: "Owner" Vs. Ultimate beneficiary:
There is a legal and natural difference between the Contractual Party (the one who orders our service online) and the Ultimate Beneficiary meaning the individual who has the decision making and ultimate ownership of the said crypto asset. In the event that the Ultimate Beneficiary is different from the Contractual Party, the responsibility falls under the Contracting Party to inform us and provide identity document and Power of Attorney from the Ultimate beneficiary. 


SECTION II: Acceptence & Recognition by third-parties

2.1: Legal recognition of the document:
The document can be recognized in the same way and to the same level as a "Professional Opinion Letter". An opinion letter is a formal declaration based on the experience and knowledge of a given professional for a given field. In our case this opinion is given by an active and practicing attorney at Law, who specializes in Blockchain and Digital technologies. Legal Opinions have been used and extensively documented and regulated by mulltiple Law Bar Associations and other Legal regulations. Ressources on Legal Opinions in the US are presented as a reference only: https://www.americanbar.org/groups/business_law/migrated/tribar.html 

2.2: Industry recognition of the document:
A great number of companies and institutions do recognize and accept the validity and value of a Legal Opinion, especially when delivered by a Law Firm. A good example of Opinion Letters being accepted for the delivery of sensitive and highly regulated services is that of the Extended Validation SSL Certificates. Such example of recognition can be found here: https://comodosslstore.com/ssl-validation-process/professional-opinion-letter

2.3: Format expected by Third-parties:
Although similar in meaning and content, different types of letters may be expected by different Third-parties. Our service uses a General format and template which has no specific reference to a given institution requirements. Our Certificate is offered "on a As-is" basis using a sample format publicly made available on our website. In the even that our General format is refused then a new Certificate will have to be issued. The new certificate can be issued on the basis on the initial version, however the date of signature of the new Certificate will reflect the day of the new signature. The customer is expected to provide and inform us about which model or template to use and for which Third Party. Specific format Certificates are issued Ad-hoc, on demand and for an additional fee which will be subject of a quote. Eventually AOCBlockchain.com will offer the option to chose specific formats for specific contexts during the checkout process, in which case the price of the each model of certificate will be displayed before order.

2.4: Possibilities & Limitations of recognition:
There is a great volume of evidence that Legal Opinion Letters and Certifications are accepted by Third parties including regulators and courts. This however does not acertain that our certificate will be accepted by any party.
AOCBLOCKCHAIN.com does not guaranty nor can it enforce the acceptation of such document by Third Parties of any kind. The Certificate holder can however refer to the facts and arguments presented by our Certificate to defend its intended claim. Our Organization can, at it´s own discretion and conditions, offer the possibility to assist a customer in his or her use of our AOC Certificate in the defense of a claim or legal action.

2.5: Financial value or property of a Certified Blockcahin Address:
A Blockchain address may or may not hold a financial value. In the context of a crypto-currency a given community may or not assign values and as such maintain "monetary balances" for a given Public Address. In other contexts a blockchain Public Address may not hold any financial value but may provide to its user a specified access or service or role in that given blockchain system (property of the Private and or Public Key address). In any case our Address Ownership Certificate is not liable nor designed to prove any form of value nor function that may or not be attached to the verified Public Key. Any claim about a given value or function at a given time, has to be addressed by the issuing party and or public ledger or authority of the concerned blockchain system.



SECTION III:
 Best effort & good faith basis

3.1: Best efforts:
Our verification process is based on best effort in terms of technical and processes used to conduct the verification. Our organization can not guaranty the value of this service in the event of rapid and or changes in the way that Blockchain technology and users behaviors evolve. By best effort we mean our engagement to follow and update our processes to the limit of our technical abilities as a Law Firm and not necessarly to the standards of an Information Technology (IT) firm.

3.2: Good faith:
Our processes are based on a minimum assumption that the intent of the user is to genuinely prove his or her control over his or her own crypto assets (or be authorized to do so by the Ultimate Beneficiary). Any intent to use our Certiifcate for wrongfull or illegal purposes will break our agreement and can lead to legal actions.


SECTION IV: Use of our AOC Blochcain Certificate

4.1: Use-case scenarios:
Our AOC Blockchain Certificate has been designed to be used as a "de-facto" reference to prove the control and possibly the ownership of the named individual over the Private Key that commands the Public Key which appear on our Certificate. This proof is limited to the verification by our services of the relationship between the named individual and his operational control over the Public Key. Our Certificate can not be used beyond this primary objective unless a written authorization is provided by our firm. 

4.2: Illegal use of our AOC Certificate:
Any illegal or bad-intended or deceptive or un-faithfull use of our Certificate in any way is the sole responsibility of the user and constitute a breach of our agreement. Any breach of our contract can lead to severe legal actions by our firm shall the use of our Certificate affect our brand or edanger the reputation of our services and activities.


SECTION V: Legality of Blochain systems

5.1: Countries & Jurisdiction laws:
Our service does not take the responsibility to verify that the Contractual Party and or the Ultimate Beneficiaries are legally authorized to own, control and or use crypto currencies or other forms of blockchain technologies or assets. Each user must verify that he is duly authorized to deal with such type of assets or technology, before passing an order on our website. 

5.2: Blockchain systems modus operandi:
Use of blockchain tehcnologies is rapidly diversifying and innovating. Our service does not assess nor ensure the compliance of any given blockchain system with local, regional or international laws and regulations. We do not hold any responsibility as to the legal state or intended use of a blockchain system. Each user is liable for the verification and responsibilities of engaging with a given blockchain system.
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