Terms of service

Promeet Terms of Service

Last Updated: March 14, 2024


Introduction


Promeet Technology Limited (“Promeet,” “we,” “us”, or “our”) owns and operates www.promeet.live and all affiliated websites, mobile versions, and services, including all live support, software, tools, features, text, graphics, pictures, images, sounds, trademarks, logos, page headers, button icons, URLs, scripts, content, information, materials, or functionalities provided thereon or related thereto (“Service”). We offer a peer-to-peer web3 service that allows users to communicate via encrypted video chatrooms (“Room(s)”) with third party content creators (“Creator(s)”) in exchange for a charge paid to the Creator (“Charge(s)”) and a fee paid to us (“Fee(s)”). Charges and Fees are collected from and paid through public blockchains such as Polygon or Ethereum (“Blockchain”) using USD Coin (“USDC”) from cryptocurrency wallets provided by third party services such as Metamask (“Wallet(s)”).


These Terms of Service (“Terms”) govern the relationship between you, the user, (“user,” “you,” “your,” “yours,” etc.) and us, as it relates to your access to and use of the Service. 


PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.
YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT ACCESS OR USE THE SERVICE.


Promeet reserves the right to change or modify these Terms at any time and in our sole discretion without notice. Such changes or modifications are effective upon posting. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms, then you may presume that nothing in these Terms has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms in their entirety. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the provisions incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.


Accounts


You must be (i) at least 18 years old to access our services. You may create a single user account on Promeet (“Account”), by (i) either (a) connecting your social media account, or (b) providing your email address or mobile number, and (ii) either (a) creating a new Wallet, or (b) connecting an existing Wallet to the Service. At any time and for any reason, Promeet may, in its sole discretion, require you to provide additional information and documents. 


If you create an Account on behalf of a third party then “you” includes you and that third party, and you represent and warrant that (a) you are an authorized representative of the third party with the authority to bind that third party to these Terms, and (b) you agree to these Terms on the third party’s behalf.


Your access to and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service, geographic restrictions, potential violation of these Terms, or other actions that Promeet, in its sole discretion, may elect to take. Promeet may restrict, suspend, or terminate your Account for any reason or no reason, with or without notice to you. You acknowledge and understand that Promeet is under no obligation to disclose the details of its decision to take such action against your Account.


Wallets


You understand and agree that your use of your Wallet is subject to the terms and conditions of the applicable Wallet provider, in addition to these Terms.


We may require you to connect your Wallet to the Service and to populate your Wallet with USDC. If you fail to do so, we may refuse to provide you with or limit your access to or use of the Service.


We may use your Wallet address to associate you with your Account, and we may display your Wallet address on the Service for the purpose of identifying you to us, our other users, and third parties. From time to time, we may also allow you to personalize your Account, such as by inputting a unique display name or uploading a profile picture or banner photo. You will not upload any profile picture or banner photo which contains nudity.


Promeet is not a wallet provider, exchange, broker, dealer, financial institution, payment processor, money services business, or creditor. While we may connect you to third party services that assist in the purchase, transfer, or sale of USDC, we do not execute or effectuate purchases, transfers, or sales of USDC. We do not operate or maintain your Wallet. We do not have custody or control over the USDC in your Wallet, the USDC that you may send to our other users from your Wallet, nor the USDC that may be sent to your Wallet by our other users. We have no ability to retrieve your Wallet or to transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of your Wallet. We make no representations or warranties regarding how the Service will operate with your Wallet or the Wallets of any of our other users. You are solely responsible for keeping your Wallet secure. We do not have access to your Wallet’s log-in credentials, key, or seed phrase. You should never share your Wallet’s log-in credentials, key, or seed phrase with anyone. If you discover an issue related to your Wallet, please contact your Wallet provider directly. In addition, you are solely responsible for your Account and any associated Wallet. We are not liable for any acts or omissions by you in connection with your Account, or as a result of your Account or your Wallet being compromised in any way. You agree to immediately notify help@promeet.live if you discover or otherwise suspect any security issues related to the Service, your Account, or your Wallet.


Representation and Warranties


You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal, international, and other laws) when using the Service. You are solely responsible for ensuring that your access to and use of the Service does not violate any applicable laws.


Without limiting the foregoing, you also represent and warrant that: (a) you are not located in, a resident of, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”); (b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations ( “Sanctions”); (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, nor that is located in, a resident of, or organized under the laws of, any Embargoed Jurisdiction; (d) your officers, managers, directors, shareholders, or authorized representatives are not (i) subject to Sanctions, located in, a resident of, or organized under the laws of, any Embargoed Jurisdiction, (ii) owned or controlled, directly or indirectly, by any person that is subject to Sanctions, nor (iii) located in, a resident of, or organized under the laws of, any Embargoed Jurisdiction; and (e) you have not and will not transact with, nor for the benefit of, any person or entity falling into any of (a)-(d). If any of the foregoing become true at any point after entering into these Terms, you must cease using the Service immediately. 


Feedback


We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Promeet may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Promeet any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. 


Fees, Charges, and Taxes


We reserve the right to charge additional Fees for access to or use of Promeet or any portion thereof or feature thereon, and to change our Fee structure at our discretion. All previous offers or discounts are unavailable once removed from Promeet. Fees are displayed on Promeet at the time you purchase access to or use of Promeet or any portion thereof or feature thereon.


You agree to pay all Fees or Charges associated with your Account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the Fees and Charges on your banking statement may display our company name, one of our brand names, or our third-party billing agent’s name. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your Account. 


You understand and agree that (i) Promeet does not pay interest on Account balances, and (ii) Account balances and transactions are only reported to you through Promeet and the Blockchain, and we are under no obligation to issue any other report regarding your Account balance or transactions.


Promeet does not set, collect, or determine the costs, fees, or expenses associated with buying content, including gas and transaction fees. These costs, fees, and expenses are paid directly to the Creator, payment processor, Blockchain validator, or other third party, as applicable. Because these costs, fees, and expenses are not collected by Promeet, we cannot refund them.


Selling Content


You are solely responsible for (i) determining and establishing the Charges associated with your content and any other services that that you offer on or through the Service, (ii) determining what, if any, taxes and reporting requirements apply to your transactions on or through the Service, and (iii) withholding, collecting, reporting, and remitting the correct amounts of taxes to the appropriate tax authorities. If you fail to establish a Charge for any content or services, you understand and agree that we may make such content or services available to our users free of charge. Your Wallet will automatically receive the Charges associated with all sales of content or other services from your Account. 


Third-Party Links, Content, and Services


The Service may contain links or functionality to access or use third-party websites, applications, and materials (“Third-Party Links”). When you click on a Third-Party Link, you are subject to the website policies of such third-party. Third-Party Links and the goods or services offered thereon are not under our control , and we are not responsible nor liable for any Third-Party Links nor the goods or services offered thereon. Promeet provides access to the Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third-Party Links nor the goods or services offered thereon. You use all Third-Party Links and all goods or services offered thereon at your own risk.


Promeet does not make any representations or warranties about the third-party content visible through our Service nor any third-party services offered on the Service. We do not guarantee that any third-party content visible on Promeet, nor any third-party services offered on Promeet, will remain visible or available to be bought, sold, or transferred. Promeet is not a party to any agreement between you and any other user or third party. You bear full responsibility for verifying the identity, legitimacy, and authenticity of the USDC that you purchase from third-party service providers through the Service. You also bear full responsibility for verifying the identity, legitimacy, and authenticity of the third-party content and other services that you purchase from our users. We make no claims, guarantees, or recommendations about the identity, legitimacy, functionality, or authenticity of our users, their third-party content, the services offered by our users, nor the USDC exchanged on the Service.


User Conduct


If we believe, in our sole discretion, that you have violated these Terms, we may take action, with or without notice to you, against your Account, including, but not limited to, removing or limiting your ability to post, upload, share, view, or interact with certain content and features, and otherwise restricting, temporarily disabling, or permanently suspending your Account. You will not:

  • Violate any law, contract, intellectual property, or other third-party right;
  • Use or otherwise access the Account or Wallet of any third party;
  • Sell or otherwise share your Account or log-in credentials;
  • Pose as another person or entity;
  • Claim a username for the purpose of confusing others, deriving others’ goodwill, or otherwise engage in name squatting;
  • Access any feature of the Service for which your Account has been restricted;
  • Access the Service while your Account is suspended;
  • Access the Service if your Account has been terminated;
  • Distribute spam, including through sending unwanted advertisements to other users;
  • Damage, disable, overburden, or impair the functioning of the Service in any manner;
  • Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Promeet;
  • Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
  • Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
  • Sell or resell the Service or attempt to circumvent any Promeet fee systems;
  • Collect data from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
  • Engage in money laundering, terrorist financing, or other illicit financial activity;
  • Carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
  • Create, sell, or buy content or other services that give purchasers the right to participate in any securities offering, or that are redeemable for securities, commodities, securities-based swaps, or other financial instruments;
  • Engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
  • Buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
  • Infringe or violate the intellectual property rights or any other rights of others;
  • Create, display, purchase, or sell illegal content, such as content that may involve child sexual abuse materials and nonconsensual intimate imagery;
  • Promote or facilitate prostitution or sex trafficking activities;
  • Create or display contents or other items that promote suicide or self-harm, incite hate or violence against others, or dox another individual;
  • Transact using the proceeds of unlawful activity or with a Wallet used to engage in unlawful activity;
  • Engage in any activity that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service;
  • Attempt to do any of the above or assist any third party in doing or attempting to do any of the above.


Intellectual Property Rights


You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service, in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any content is solely as set forth by the applicable Creator of such content.


You grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, market, and improve the Service. This includes any digital file, art, or other material linked to or associated with any accounts that are displayed on the Service.

 Promeet does not claim that submitting, posting, or displaying your content on or through the Service gives Promeet any ownership of the content. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your content.


Although we are not located in the United States, we respect international copyright laws and voluntarily comply with the Digital Millennium Copyright Act (“DMCA”). We respond to compliant takedown notices according to our DMCA Policy, and we terminate a user's access to the Service if the user is determined to be a repeat infringer. Copies of our Repeat Infringer Policy are available to users upon request. 


All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any content displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Promeet.


Communication Preferences


You consent to receive electronic communications from Promeet (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service, and you may opt out of these communications through the Service or through your mobile device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.


Indemnification


You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Promeet, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Indemnified Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, or content linked to or associated with any user (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third party, and (e) your negligence or willful misconduct. You agree to promptly notify Promeet of any Claims and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have control of the defense or settlement of any Claims. 


THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN YOU AND PROMEET.


Disclaimers


YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PROMEET EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. PROMEET (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. PROMEET DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PROMEET WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICE. WHILE PROMEET ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, PROMEET CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY USER, OR ANY CONTENT YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE INDEMNIFIED PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD PROMEET RESPONSIBLE FOR ANY BREACH OF SECURITY.


WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR LOSS OF USE OF USDC, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH AN ACCOUNT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE.

NO INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES. NO INDEMNIFIED PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE CONTENT, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.


Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.


Release


YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE BETWEEN YOU AND ANY OTHER USER(S). IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.


You acknowledge that we will not be liable to you for user-generated content or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated content or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Promeet including claims relating to the following:


Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, nonconsensual recording or dissemination of intimate depictions, deepfakes, violation of prostitution or sex trafficking laws, any financial loss not due to our fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Promeet, unavailability of Promeet, its functions and any other technical failure that may result in inaccessibility of Promeet, or any claim based on vicarious liability for torts committed by individuals met on or through Promeet, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder. 


The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.


We expressly disclaim any liability or responsibility to you for any of the following:

  • Any loss or damage of any kind incurred because of the materials on Promeet, including user-generated content, including errors, mistakes, or inaccuracies thereof or any materials on Promeet, including user-generated content, that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
  • Personal injury or property damage of any nature resulting from your access to and use of Promeet.
  • Any third party’s unauthorized access to or alterations of your account, transmissions, data, or content.
  • Any interruption or cessation of transmission to or from Promeet and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through Promeet.
  • Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Promeet by any third party.
  • Any incompatibility between Promeet and your other services, hardware, or software.


Limitation of Liability


TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL PROMEET OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY (A) FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF PROMEET OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.


NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PROMEET ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, OR ANY PROMEET PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY PROMEET FOR ITS SERVICE TO YOU DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.


Modifications to the Service


We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.


Dispute Resolution 


Arbitration

  • Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Promeet and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties. Promeet does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.
  • Applicability of Arbitration Agreement. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Promeet, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) you or Promeet may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or Promeet may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.
  • Dispute resolution process. You and Promeet both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to: Promeet, Attn: Dubai International Financial Centre, Dubai, UAE Unit IH-00-01-01-OF-01, Level 01, Innovation Hub 01, Dubai International, Financial Centre.
  • Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if Promeet is represented by counsel, its counsel may participate in the Conference as well, but Promeet agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach an agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.


Arbitration Rules and Forum


Arbitration law (Law No.1 of 2008) (as amended by DIFC Law No.6 of 2013) (Arbitration Law) governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after participating in the dispute resolution process, you must send a letter requesting arbitration and describing your claim to Promeet, Attn:


Dubai, UAE Unit IH-00-01-01-OF-01, Level 01, Innovation Hub 01, Dubai International, Financial Centre.


Authority of Arbitrator


The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Promeet. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.


Waiver of Jury Trial


YOU AND PROMEET HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. 


You and Promeet are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.


Waiver of Class Actions and Class Arbitrations


ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE (INCLUDING, WITHOUT LIMITATION, PAGA) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. 


Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Promeet agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the courts located in Dubai. . All other claims shall be arbitrated.

  • Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  • Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Promeet.
  • Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Promeet makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Promeet at the following address: 


Dubai International Financial Centre Level 14,The Gate PO, Box 74777, Dubai, UAE Unit IH-00-01-01-OF-01, Level 01, Innovation Hub 01, Dubai International, Financial Centre.


Governing Law and Venue


These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws governing the Dubai International Financial Centre. 


Termination


If you breach any of the provisions of these Terms, all licenses/agreements granted by Promeet will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, restrict, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. If we terminate your Account or restrict your access to or use of the Service, you retain ownership of your content, and you may still access your Wallet through public blockchains and other web3 platforms and websites.


Severability


If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.


Injunctive Relief


You agree that a breach of these Terms will cause irreparable injury to Promeet for which monetary damages would not be an adequate remedy and Promeet shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.


California Residents


If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.


Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Promeet or you. Termination will not limit any of Promeet’s other rights or remedies at law or in equity.


Miscellaneous


These Terms (and any other applicable terms or policies incorporated by reference in these Terms) constitute the entire agreement between you and Promeet relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Promeet, and Promeet’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.


The Service is operated by us in the Dubai International Financial Center. Those who choose to access the Service from the United States or any other country do so at their own initiative and are responsible for compliance with applicable local laws. You and Promeet agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.


Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.


We make no representation that Promeet is appropriate or available for use in all locations. You may not access or use Promeet from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use Promeet from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Service shall be interpreted as an admission that that we are subject to the laws of any nation besides Dubai.


You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use Promeet. PROMEET IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Promeet while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered on Promeet, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of Promeet in any jurisdiction.





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