Terms of Use for PROM.io

Effective Date: 21st November 2024

Last Updated: 21st November 2024

These Terms of Use ("Terms") govern your access to and use of the PROM.io platform and related services (the "Services"), operated by PROMTECH SOLUTIONS LTD ("PROMTECH"), a company incorporated under the laws of the British Virgin Islands (BVI), with registration number 2159546. he legal address (“Registered Office”) of PROMTECH is 1st Floor, Columbus Centre, PO Box 2283, Road Town, Tortola VG 1110, British Virgin Islands.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Services.

1. Introduction

PROM.io is a website-hosted user interface ("Platform") that facilitates access to various products, services, and information related to or built on the PROM zkEVM blockchain network or infrastructure. While the Platform connects users to decentralized applications, services, and protocols, PROMTECH does not provide, manage, or oversee any financial products or third-party applications available on the Platform.

PROMTECH operates and maintains the blockchain infrastructure but does not:

• Provide Financial, Investment, or Advisory Services: PROMTECH does not offer any financial advice or investment recommendations.
• Act as a Custodian or Intermediary: PROMTECH does not hold or manage digital assets on your behalf.
• Guarantee Third-Party Services: PROMTECH does not guarantee the accuracy, availability, or reliability of third-party services accessible via the Platform.

All products, services, and decentralized applications available through PROM.io are solely operated, owned, and provided by third-party entities. By using these services or applications, you confirm that you understand and agree to adhere to any applicable terms and conditions required by such third-party providers.

1.1 No Affiliation with Third-Party Services

The availability of third-party services on PROM.io does not constitute endorsement, partnership, or affiliation with PROMTECH. PROMTECH does not control or take responsibility for:

• The performance, reliability, legality, or security of third-party services or applications.
• Any disputes, losses, or issues arising from your interaction with third-party entities.

1.2 User Consent and Responsibility

By using PROM.io, you acknowledge and agree that:

• Security of Credentials: You are solely responsible for securing your access credentials, private keys, and digital assets. PROM.io does not offer recovery services for lost keys or unauthorized access.
• Compliance with Laws: You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and policies in your jurisdiction.
• Assumption of Risk: You assume all risks associated with blockchain transactions, including financial loss, market volatility, and technological failures.

1.3 Risk of Loss in Digital Assets

By accessing PROM.io, you agree that:

• Volatility of Digital Assets:
  The value of digital assets is highly volatile and may result in significant financial loss.
• Irreversibility of Transactions:
  Blockchain transactions are irreversible; errors in transaction details cannot be corrected.
• No liability for Losses:
  PROMTECH is not responsible for any losses, damages, or liabilities you incur due to your use of the Services.

1.4 Acceptance of Terms

Your access to and use of PROM.io is contingent upon your full agreement with these Terms. If you do not agree, you must discontinue use immediately.

2. Eligibility

2.1 Age Requirement

You must be at least 18 years old or the legal age of majority in your jurisdiction, whichever is greater, to access or use the Services. By accessing or using the Services, you represent and warrant that you meet this requirement.

2.2 Compliance with Laws

Lawful use:
You agree that your use of the Services will fully comply with all applicable laws and regulations. You represent and warrant that:

• Your use of the Services does not violate any laws or regulations applicable to you.
• Prohibited Activities:
  You will not use the Services to conduct, promote, or facilitate any illegal activities.

2.3 Sanctions and Restricted Parties

You represent and warrant that you are not:

• Subject to economic or trade sanctions administered by any governmental authority.
• Listed on any prohibited or restricted party list issued by any governmental authority.
• A citizen, resident, or entity established in a jurisdiction subject to comprehensive sanctions (e.g., Cuba, Iran, North Korea, Syria, or Crimea).

PROMTECH reserves the right to terminate your access to the Services if it determines that your use violates this provision.

2.4 User Responsibility

You are solely responsible for ensuring that your use of the Services complies with all applicable laws. PROMTECH is not responsible for verifying the legality of your activities.

3. Modification of Terms

3.1. Right to Modify:
PROMTECH reserves the right to modify, update, or amend these Terms at any time, at its sole discretion.

3.2 Notice of Modifications:
Updated Terms will be posted on the PROM.io website with a revised "Effective Date." It is your responsibility to regularly review these Terms for updates.

3.3 Notice of Modifications:
All modifications become effective immediately upon posting unless otherwise specified. Your continued use of the Services constitutes acceptance of the updated Terms.

3.4 Notice of Modifications:
If you do not agree to any modifications, you must discontinue use of the Services immediately.

4. Proprietary Rights

4.1 Intellectual Property Ownership

All intellectual property rights in the PROM.io Platform ("Platform Content") are owned by or licensed to PROMTECH.You acknowledge that:

• Protection of Content: Platform Content is protected by intellectual property laws globally.
• No License Granted: Use of the Services does not grant you ownership or rights to Platform Content.

4.2 Open-Source Protocols and Third-Party Technologies

PROM.io may integrate open-source protocols and third-party technologies. You acknowledge that:

• No Control Over Protocols: PROMTECH does not own or control these protocols.
• Assumption of Risk: You accept risks associated with protocol changes, forks, or failures.

4.3 User Restrictions

You agree not to:

• Copy, modify, or distribute Platform Content.
• Use automated tools to access the Services without consent.
• Reverse engineer or create derivative works based on Platform Content.
• Circumvent security features or usage rules.

Any unauthorized use may result in termination and legal action.

5. Assumption of Risk

By using PROM.io, you acknowledge and accept the inherent risks associated with blockchain technology and digital assets.

5.1 User Responsibility and Sophistication

You represent and warrant that you:

• Are financially and technically sophisticated regarding blockchain systems.
• Understand the characteristics and risks of blockchain transactions.
• Accept full responsibility for your decisions and actions.

5.2 Risks of Blockchain Transactions

You understand that:

• Irreversible Transactions: Errors may result in permanent loss of funds.
• Transaction Delays and Failures: Network issues may cause delays or failures.

5.3 Market Volatility

You acknowledge that:

• High Volatility: Digital assets can fluctuate significantly.
• No Financial Advice: PROMTECH does not provide investment advice.

5.4 Security Risks

You accept that:

• Wallet Compromise: Loss of credentials may result in asset loss.
• Phishing and Hacking: You may be targeted by malicious activities.
• Third-Party Vulnerabilities: PROM.io relies on third-party services that may be vulnerable.

5.5 Token Risks

You acknowledge that:

• Counterfeit Tokens: Fake tokens may exist.
• Mistaken Transactions: Errors may lead to financial losses.
• Liquidity Issues: Tokens may lack liquidity.

5.6 Costs of Transactions

You understand that:

• Variable Costs: Transaction costs and speeds vary.
• Price Slippage: Trading may result in unfavorable rates.

5.7 Regulatory and Legal Risks

You acknowledge that:

• Evolving Laws: Regulations may affect your use of PROM.io.
• No Legal Guidance: You are responsible for compliance in your jurisdiction.

5.8 Full Assumption of Risk

By using PROM.io, you:

• Accept all associated risks.
• Acknowledge that PROMTECH is not liable for losses.

If you do not agree, you must not use PROM.io.

6. Use of Services

6.1 User Responsibilities

By using the Services, you agree to:

• Safeguard Credentials: Secure your wallet, private keys, and passwords.
• Ensure Compliance: Comply with all applicable laws and regulations.
• Avoid Financial Reliance: Make decisions at your own risk; PROM.io does not provide financial advice.

6.2 Prohibited Activities

You agree not to engage in:

• Intellectual Property Infringement
• Cyberattacks and Technical Exploits
• Fraud and Misrepresentation
• Market Manipulation
• Securities and Derivatives Violations
• Unlawful Activities
• Unauthorized Access and Use
• Use of Automated Tools without Consent

Engaging in prohibited activities may result in termination and legal action.

7. Third-Party Services

7.1 Access to Third-Party Services

PROM.io may provide access to third-party applications and services ("Third-Party Services"). PROMTECH does not own or control these services.

7.2 Disclaimer of Responsibility

You acknowledge that:

• No Endorsement: Inclusion of Third-Party Services does not imply endorsement.
• No Control or Liability: PROMTECH is not responsible for Third-Party Services" performance or legality.

7.3 User Responsibility

By using Third-Party Services, you agree to:

• Conduct Due Diligence: Evaluate suitability and risks.
• Assume Risk: Use at your own risk.
• Indemnify PROMTECH: Hold PROMTECH harmless from claims arising from your use of Third-Party Services.

7.4 Third-Party Promotions

PROMTECH is not responsible for third-party promotions and any participation is at your own risk.

7.5 Limitation of Liability for Third-Party Services

PROMTECH disclaims all liability arising from your use of Third-Party Services.

8. Non-Custodial and No Fiduciary Duties

8.1 Non-Custodial Nature of the Platform

PROM.io is a non-custodial platform:

• User Asset Responsibility: You manage your private keys and digital assets.
• No Access to Assets: PROMTECH does not store or access your assets.
• No Recovery Services: PROMTECH cannot recover lost credentials or assets.

8.2 No Fiduciary Relationship

You acknowledge that:

• No Fiduciary Duties: PROMTECH owes no fiduciary duties to you.
• Transactional Platform: PROM.io does not act in your best interest or provide guidance.

8.3 No Investment Advice or Suitability Assessments

• No Investment Advice: PROM.io provides information for informational purposes only.
• User Responsibility: You are responsible for evaluating transactions and investments.

8.4 Limitation of Duties and Liabilities

By using PROM.io, you agree that:

• No Implied Duties: PROMTECH owes no implied duties beyond these Terms.
• Waiver of Claims: You waive claims arising from alleged fiduciary duties.

9. Indemnification

9.1 General Indemnification Obligations

You agree to indemnify, defend, and hold harmless PROMTECH and its Indemnified Parties from any claims arising out of:

• Your Use of the Services
• Your Violation of These Terms
• Third-Party Claims
• Your Fraudulent or Negligent Acts

9.2 Specific Exclusions

PROMTECH is not liable for:

• Errors or Omissions in Content
• Personal Injury or Property Damage
• Operational Interruptions
• Security Breaches
• Market Risks
• Third-Party Conduct

9.3 Indemnification Procedure

If a claim arises:

• Notice of Claim: PROMTECH will notify you promptly.
• Defense and Settlement: You must defend and may not settle without PROMTECH"s consent.

9.4 Limitation of Liability

• Cap on Liability: PROMTECH"s total liability will not exceed USD $100.00 or the amount you paid in the preceding 12 months.
• Exclusion of Certain Damages: PROMTECH is not liable for indirect or consequential damages.
• Jurisdictional Limitations: Liability is limited to the fullest extent permitted by law.

9.5 Severability of Indemnity Provisions

Each provision is independent; unenforceability of one does not affect others.

10. Limitation of Liability

10.1 General Disclaimer

PROM.io is provided "as-is" without warranties.

10.2 Exclusions of Liability

PROMTECH is not liable for:

• Loss of Funds or Data
• Delays or Failures
• Security Breaches
• Errors or Omissions
• Third-Party Conduct
• Market Risks

10.3 Limitation of Liability

Total liability is capped at USD $100.00 or the amount paid by you in the preceding 12 months.

10.4 Specific Exclusions

PROMTECH is not liable for:

• Loss of Profits or Revenue
• Reputational Harm
• Data Loss
• Consequential Damages
• Force Majeure Events

10.5 Jurisdictional Limitations

Some exclusions may not apply in certain jurisdictions.

10.6 Allocation of Risk

These limitations are fundamental to this Agreement.

10.7 User Responsibility

You agree to secure your assets and assume risks.

11. Trading Halts and Operational Disruptions

11.1 Potential Causes of Disruptions

Transactions may be disrupted due to factors beyond PROMTECH"s control.

11.2 PROMTECH’s Responsibilities

PROMTECH will make reasonable efforts to monitor and restore services.

11.3 Limitations of Liability

PROMTECH is not liable for damages resulting from disruptions.

11.4 User Assumption of Risk

You accept that disruptions may occur and may result in loss.

11.5 Reserved Rights

PROMTECH reserves the right to suspend services as necessary.

11.6 Force Majeure

PROMTECH is not liable for events beyond its control.

12. Privacy and Data Collection

12.1 Minimal Data Collection

PROM.io collects minimal data necessary for operation.

12.2 Use of Collected Data

Data is used solely for functionality, security, and compliance.

12.3 Third-Party Data Collection

Third-party providers may collect additional data; PROMTECH is not responsible for their practices.

12.4 User Acknowledgment and Consent

By using PROM.io, you consent to data collection as described.

12.5 Data Protection Measures

PROMTECH employs security measures to protect data.

12.6 Data Retention Policy

Data is retained only as long as necessary.

12.7 User Rights and Control

You may have rights concerning your data; contact PROMTECH to exercise them.

12.8 Compliance with Global Privacy Regulations

PROMTECH complies with relevant privacy laws, such as GDPR and CCPA.

12.9 Disclaimer of Liability

PROMTECH is not liable for data disclosed via blockchain or breaches by third parties.

13. Suspension, Termination, and Cancellation

13.1 Platform-Specific Access Control

PROMTECH may suspend or terminate access to its services under certain conditions.

13.2 Limitations of Suspension on Public Blockchain

PROMTECH cannot restrict access to the public zkEVM blockchain through third-party tools.

13.3 Notice of Suspension or Termination

PROMTECH will provide notice where feasible and legally permissible.

13.4 No Liability for Suspension or Termination

PROMTECH is not liable for losses resulting from suspension or termination.

13.5 User Responsibilities Following Suspension or Termination

You are responsible for retrieving data and complying with legal obligations.

13.6 Reserved Rights

PROMTECH reserves the right to suspend services without notice in certain circumstances.

14. Entire Agreement

These Terms constitute the entire agreement between you and PROMTECH and supersede all prior agreements.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the British Virgin Islands.

15.2 Mandatory Arbitration

Disputes will be resolved through binding arbitration under BVI IAC rules.

15.3 Arbitration Process

• Single Arbitrator: Appointed per BVI IAC rules.
• Language: English.
• Location: British Virgin Islands or virtually.
• Final Decision: Binding and enforceable.

15.4 Class Action Waiver

You waive the right to participate in class actions.

15.5 Pre-Arbitration Resolution

Attempt to resolve disputes informally by contacting PROMTECH.

15.6 No Liability for External Factors

PROMTECH is not liable for breaches resulting from unforeseeable circumstances.

16. Contact Information

For inquiries regarding these Terms, please contact:
PROMTECH SOLUTIONS LTD
1st Floor, Columbus Centre, PO Box 2283, Road Town Tortola VG 1110, British Virgin Islands
[email protected]