Terms of Use

These Terms of Use (“ToU”) consist of and/or incorporate by reference an End User License Agreement (“EULA”), a Privacy Policy, and other over-arching terms and conditions outlined in this Agreement. This ToU is a legal agreement (“Agreement”) between You and ProofKeep for use of the ProofKeep Platform and any and all associated Services which You selected to use, register for or initiated. “You” (or “Your”, as applicable by context) refers to the individual who is using or accessing the Services (as defined hereunder) or is registered for the Services either directly with ProofKeep or through a third party offering ProofKeep Services, or if an individual is utilizing or purchasing the Services on behalf of an entity and is authorized to purchase or use said Services on behalf of such entity, then “You” also refers to such entity. 

You agree that any and all software associated with the Services or ProofKeep Platform (as defined herein), is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge and agree that the ProofKeep Platform is and will remain the exclusive property of ProofKeep and nothing in this Agreement is intended to transfer or assign any ProofKeep rights or property to any third party.

ProofKeep will use commercially reasonable efforts to maintain the ProofKeep Platform and provide You the Services in accordance with the Terms of this Agreement. ProofKeep is a cloud/web-based mobile and desktop application service that acts as an impartial and trusted virtual witness that You can call anytime and anywhere You have access to the ProofKeep application, reasonable internet access via an acceptable internet browser, and a connection device such as a smartphone or mobile pad device. ProofKeep allows You to capture and memorialize the details and circumstances of a meaningful event, a transaction, or a situation that You are involved with or witnessed, directly on Your smartphone, by way of video, audio, and photographic recordings (the “Proof”.) The Proof you capture is immediately stored on secure and encrypted servers using proprietary methods and patent-pending technologies that ensure the captured Proof is kept safe, authentic, and tamperproof until needed. Throughout the lifecycle process of capturing, storing, accessing, or sharing the Proof, ProofKeep always retains and maintains the chain of custody of the original captured Proof.

You agree that by registering on the ProofKeep Platform or utilizing the Services it provides to be bound by the terms and conditions of this ToU and any future updates that may be imposed by ProofKeep. The Terms outlined herein, apply to all websites, software applications, hardware technologies, sensing technology, mobile applications, any available interactive features, software downloads, applications, products, offered services, widgets and the like, regardless of whether the Services You accessed or used were via computer, mobile device, mobile pad, or otherwise, irrespective of the location of use, or means of Your access, provided however each Service is owned or operated by ProofKeep, branded with ProofKeep and where/when applicable, ProofKeep posts the terms of this ToU or includes links to this ToU (collectively, “ProofKeep Platform”). “Service” or “Services” are defined as the collective services offered or provided to you on the ProofKeep Platform. 

Your use of the Services constitutes Your agreement to all terms, conditions, updates and notices outlined herein and/or generated during Your use of the Service. If You do not agree with the Terms of this Agreement, do not use or access the Service and when applicable immediately terminate Your use of Service by clicking the “Cancel” button during registration or by choosing the “Delete Account” function under the “Settings” tab if you have already registered for an account. You can delete Your account at any time. You agree that access to the ProofKeep Platform and the Use of the Services is void where prohibited. You may not use the Services and should not accept the Terms if You are a person barred from using such Services under the laws of any country in which You reside or are considered a resident.

You acknowledge and agree that, despite ProofKeep’s commercially reasonable efforts to prevent occurrences including the affirmative acceptance by all users ProofKeep to abide by this ToU, ProofKeep is unable to guarantee that users will follow, adhere, and abide by this ToU. As such you will have to contend with occasional violators of the ToU which may include the receipt of offensive or obscene material that is sent or shared with you by another ProofKeep registered user. If You feel that another ProofKeep registered user has violated these ToU, please inform Us of this along with any evidence you may have at [email protected].

We commit to reviewing the information You submit and taking appropriate action when necessary. You further acknowledge that ProofKeep provides no guarantee of the quality, fitness, reliability, or dependability of the Services it provides You. 

ProofKeep Platform is licensed to You in accordance with the terms of this Agreement. You acknowledge and agree that the ProofKeep Platform including all its components is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and ProofKeep reserves the right to enforce any of its copyrights in any jurisdiction worldwide. As such, You shall not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on any component of the ProofKeep Platform as delivered to You. All intellectual property rights in and to any third-party content that is not contained in the ProofKeep Platform but may be accessed through the use of the ProofKeep Platform is the property of the respective owner of the IP Rights and may be protected by applicable copyright or other intellectual property laws and treaties. 

ProofKeep may at its sole discretion, discontinue the Services, modify the features of the Services from time to time, or alter the price it charges to use its Services without prior notice to You. In addition, ProofKeep reserves the right to modify or add to these Terms at any time without prior notice to You (“Updated Terms”). You agree that We may notify You of the Updated Terms by making them available for inspection via the ProofKeep.com website or by notice to You and that Your use of the Service after We have posted the Updated Terms (or engaging in such other method of posting Updated Terms as We may reasonably specify) constitutes Your agreement (and you hereby agree) to the Updated Terms. Therefore, You should review these Terms before using the Services and You should schedule to review them periodically thereafter. You agree that your lack of knowledge or ignorance of the Terms or any Updated Terms services is no defense of actions that You take that violate these ToU. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to Your use of the Services from that point forward.

Use of the Services requires a compatible hardware device, Internet access (where additional fees may apply), and a commonly used internet browser (which may be downloaded, at Your risk, from the Internet. Ongoing use of the Services may require obtaining or downloading updates or upgrades from time to time. Because the use of the Services involves hardware, software, browser compatibility and Internet access, Your ability to use such Services and the performance of said Services may be affected by the performance of these and other factors. Reliable, high-speed Internet access is recommended along with a robustly operating compatible device that is capable of supporting a commonly used browser (Chrome, Safari, etc.). You acknowledge and agree that such system requirements, which may be changed from time to time, may affect the performance of the Services, and it is Your responsibility to stay current with said system requirements. Because there are many factors that are in Your control You agree that ProofKeep provides no guarantee of the quality, fitness, reliability, or dependability of the Services it provides You.

To be eligible to use the Services, You must meet the following criteria and represent and warrant that You:

a)     are not currently restricted for any reason from using the Services, or not otherwise prohibited from having an account on the ProofKeep Platform or using the Service or legally prohibited from having a presence online in any jurisdiction;

b)     affirm that You are of legal age. Our Services are not intended or directed to individuals considered minors in their jurisdiction of law (“Minor”). Typically, Minors are individuals under the age of 13. If You are considered a Minor or become aware of a Minor that has provided us with personal information without appropriate consent, please contact Us immediately at [email protected]. Although We cannot absolutely control whether Minors gain unauthorized access to the Services, access may be suspended or terminated without warning if We believe that You are underage or otherwise ineligible;

c)     are not a competitor of ProofKeep or are not using the Services for reasons that are in competition with ProofKeep.com;

d)     understand the Terms of this Agreement, have full power and authority to enter into this Agreement, will abide by and comply with this Agreement and are competent to enter into the Terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and doing so will not violate any other agreement to which You are a party;

e)     will not violate any rights of ProofKeep, including intellectual property rights such as copyright or trademark rights;

f)      agree to provide, at Your cost, all equipment, software, and internet access necessary to use the ProofKeep Platform; and

g)     are a real person and will not in any way facilitate, participate or instigate the use of any automated calling systems or “robocalling” when using the ProofKeep Platform or the Service.

You will be required to provide information about Yourself in order to register for and/or use the Services on the ProofKeep Platform. As such, You will have to create a user account on the Service. If You create an account with Us, You agree to accept full responsibility for all activities that occur on Your account including under Your username and password and are entirely responsible for maintaining the security of Your account, Username and password and further agree not to disclose such to any third party. You agree that You are responsible for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password-protected portion of Services using Your secure credentials. You also agree that any unique identifier, Username, URL domain name, or the like created by You to utilize the Services (collectively, “Username”) will always remain, subject to a limited use license granted to You by ProofKeep under Terms herein, the exclusive property of ProofKeep. As such, ProofKeep will have the unrestricted right to refuse Your use of any Username and will have the further right to disable, clawback, reassign, any Username for any reason, or no reason, at any time. You agree to hereby immediately assign all Username rights created by You (including all associated moral rights) to ProofKeep at the moment that said username is created. Accordingly, You agree that You will not sell, transfer, or assign Your, Username, membership, or any membership rights to any third party during or after the use of the ProofKeep Platform or its Services.

You agree that You will immediately notify ProofKeep of any breach of security or unauthorized use of Your account and that You will take the necessary reasonable actions to mitigate any breach of security such as changing Your account login credentials or closing Your account.  You agree that ProofKeep will not be liable for any direct or indirect loss, financial or otherwise, You incur due to any unauthorized use of Your account. You, however, may be liable for any loss ProofKeep or others incur that was caused by Your account, whether caused by You, or was caused by an authorized or unauthorized User. To close Your account, please contact [email protected] or follow the steps outlined in the support FAQ’s. 

You agree that You are solely responsible for the Proof You capture, upload, communicate, post, display, send, share, store, disseminate or transmit (collectively, “Submit”) when using the ProofKeep Platform or the Services. As a condition of Your use of the Service, You agree and warrant that You will not use the ProofKeep Platform or the Services:

a)     in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings;

b)     in any manner, which could damage, disable, overburden, or impair the ProofKeep Platform or the Service or interfere with any other party’s use of the ProofKeep Platform or the Service;

c)     other than sharing Proof that you capture using the Service with others of appropriate age and under appropriate context, use the Service to communicate any message, content or material that is purposefully harassing, libellous, threatening, immoral, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability;

d)     that constitutes or encourages conduct that could constitute a criminal offence, under any applicable law or regulation;

e)     to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or an equivalent restriction in the country in which You reside or where You use the Services; or

f)      to upload or transmit any software, Content or code that does or is intended to harm, disable, destroy, or adversely affect the performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of the ProofKeep Platform or other Users of Services.

Given the global nature of the Internet, You agree to comply with applicable local laws, rules and customary codes of conduct, including codes imposed by Your employer, regarding online behaviour, acceptability and type of content that you capture and share, the context in which you share the content you capture, and the transmission of technical data exported from the country in which You reside to the country into which you share Your content, You agree to uphold a professional and ethical standard that is purposely intended not to be offensive, undermining, harassing or libelous. ProofKeep reserves the right to investigate and take appropriate action against anyone who, in ProofKeep’s sole discretion, is suspected of violating any provision in this Agreement, including without limitation, reporting You to law enforcement authorities. You agree to use the Services only to capture and Submit communications, messages, content and material that are proper and related to the Service. By way of non-limiting examples, You agree that when using a Service, You will not, as determined by ProofKeep in its sole and absolute discretion:

a)     act dishonestly or unprofessionally by engaging in unprofessional or unethical behaviour;

b)     defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

c)     illegally capture, share, intercept, tap into, record, or monitor communications of others;

d)     damage, manipulate, capture, alter, adapt, or modify any communications or content, including, images, audio, video, text, metatags, or other materials captured by or shared by You which You are not authorized to do so;

e)     transmit content to other Users without their explicit and informed and legal consent;

f)      Submit personal data with respect to third parties except as contemplated by the ToU and then only for the express purpose of providing lawful and authorized communication that may reasonably be anticipated by such third parties;

g)     Submit any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information;

h)     Submit or distribute files that contain software or other material protected by Copywrite laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents;

i)       Submit or transmit any material that contains software viruses, or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities;

j)       falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

k)     harvest or otherwise collect information about others, including e-mail addresses, and phone numbers without their consent;

l)       restrict or inhibit any other User from using and enjoying the Services;

m)  use or attempt to use another's account or create a false identity;

n)     use the Services to interact with other Users’ in a predatory, illegal, ethical, unprofessional or unmoral manner; or

o)     violate any applicable laws or regulations where the Service is offered or being utilized.

You agree that ProofKeep is not responsible for any Content in violation of any provision outlined in this Agreement and reserves the right to delete any Content of which ProofKeep becomes aware that violates this ToU, at any time without notice to You. ProofKeep reserves the right to suspend, terminate Your account or otherwise deny You access to Services, for a period of time or indefinitely, for any reason, or no reason, in its sole discretion without notice and without any liability (“Terminate” or “Termination”).

Always use caution when giving out any personally identifying information about Yourself when using the Service. ProofKeep does not control or endorse the content, messages or information found in any service and, therefore, ProofKeep specifically disclaims any liability with regard to the Services and any actions resulting from Your participation in any Services.

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE PROOFKEEP PLATFORM OR USE OF ITS SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY YOU TRANSACTED WITH.

You retain copyright and any other rights You already hold in Content which You capture and Submit on or through, the Services. You understand and agree that by Submitting Content using the Services or otherwise providing Content to ProofKeep or any of its affiliates, contractors, resellers and partners (collectively “Affiliates”), You automatically grant, and warrant You have a right to grant, to ProofKeep and any of its Affiliates a worldwide, royalty-free, sublicensable perpetual, irrevocable license (including moral rights) to use, modify, publicly perform, publicly display, transmit, reproduce and distribute the Content in the course of offering the Services to You and others with whom You are sharing Content using the Services. 

The ProofKeep Platform or the content that You share or others share with You may contain links to other websites (“Linked Site”), such as LinkedIn, Google, YouTube, Facebook, and Twitter. Should you engage with or activate a link, You acknowledge that the Linked Sites are not under the control of the ProofKeep Platform and ProofKeep is not responsible for the contents of any Linked Site, or updates made to a Linked Site. The ProofKeep Platform which serves as a means for You to use the Services and the inclusion of any Linked Site does not imply ProofKeep’s endorsement of the site, any association with its operators, and any authenticity of the content on the site, or confirmation of data security with such Linked Site. You agree to be fully responsible for the consequences of using any Linked Site and for confirming Your agreement to the Terms and Conditions of use of said Linked Sites.

ProofKeep charges a-la-carte calculated fees for Your use of its Service (“Fees”) on the ProofKeep Platform. In the future, the ProofKeep may also offer You select Services by way of a Subscription-based offering (“Subscriptions”). Regardless of which fee structure You chose, You shall be required to pay all fees relevant in advance to Your use of ProofKeep’s Services that You purchase, including excise taxes, federal or state level taxes or VAT. As such, You hereby authorize ProofKeep (and its payment processor(s)) to withdraw such payments due ProofKeep using Our selected payment processor based on the location in which you use you the service or where your Credit Card is registered. It is our policy to not store credit card details beyond the duration of your account registration, nor do We share Your personal details or Subscription details with any third party. All Services shall commence immediately upon receipt of Your payment and will expire immediately, without any obligation to notify You, when said fees are depleted and You choose not to renew. 

If You are using the Service from a country other than the country in which Our servers are located, Your communications with us may result in the transfer of Your account and information across state or international boundaries so that We may continue to provide You Services efficiently or, when required, adhere to laws imposed on Us by the laws in which are resident. By visiting or using the Services and communicating electronically with us, You consent to such transfers and agree to abide by the laws of the jurisdiction of the country that you are using the service.

It is possible that other Users of the Services (“Users”) may violate one or more of the prohibitions of this Agreement. You agree that ProofKeep assumes no responsibility or liability for such a violation. If You become aware of any violation of this Agreement in connection with the use of the Services by any person, please contact ProofKeep at [email protected]. ProofKeep may investigate any complaints and violations that come to its attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or suspending or terminating the accounts of Users who violate the ToU. However, because situations, circumstances and interpretations vary, ProofKeep also reserves the right not to take any action. You agree that under no circumstances will ProofKeep be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, removal or denial of access to any data or content. IF AT ANY TIME YOU ARE NOT HAPPY WITH THE SERVICES, SUBJECT TO THE LIMITATION OF LIABILITY, YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE.
You are solely responsible for Your interaction with other Users of ProofKeep, whether online or offline or online that extends to offline interactions. We are not responsible or liable for the conduct of any User or any interaction between Users. We reserve the right, but have no obligation, to monitor or become involved in disputes between You and other Users. We recommend You exercise common sense and best judgment in Your interactions with others when capturing or posting any personal or other sensitive information online and in all other online (and any resulting offline) interactions. ProofKeep is not a party to the interactions, dealing or contracting between the Users (collectively, “User Relationships”). ProofKeep has no control over and does not guarantee the quality, safety or legality of User Relationships, the truth or accuracy of profile (“Profile”) listings, the qualifications, the conveyed perception, background, or abilities of Users. All rights, understandings and obligations for User Relationships are solely between the Users. The Users must look solely to the other for enforcement and performance of all the rights and obligations arising from the User Relationships and any other terms, conditions, representations, or warranties associated with such dealings.

ProofKeep does not claim ownership of the materials or content You Submit on ProofKeep (each a “Submission”) or access when using the Service. However, by capturing, posting, uploading, sharing, inputting, providing or submitting Your Submission You are granting ProofKeep and its Affiliates any and all the necessary sublicensees and permission to use Your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, share, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; none of which, will reveal Your name in connection with Your Submission unless You, the individual User, agree to permit such in a separate agreement with ProofKeep. By posting, uploading, inputting, providing or submitting Your Submission, You warrant and represent that You own or otherwise control all of the rights to Your Submission including, without limitation, all the rights necessary for You to provide, share, post, upload, input or submit the Submissions. Except as otherwise described in the ProofKeep Privacy Policy, any Submission will be treated as non-confidential and non-proprietary and ProofKeep will not be liable for any use or disclosure of Submission. Therefore, if You have an idea or information that You would like to keep confidential don’t want others to use, is sensitive in nature, or that is subject to third-party rights that may be infringed by Your sharing it, do not post, Submit, or otherwise disclose it on any of the ProofKeep Services. YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION or SUBMISSION YOU DISCLOSE or SUBMIT ON PROOFKEEP.

You acknowledge and agree that Your relationship with ProofKeep is not a confidential, fiduciary, or other type of special relationship and that Your decision to Submit any Submission does not place ProofKeep in a position that is any different from the position held by members of the general public, including with regard to Your Submission. None of Your Submissions will be subject to any obligation of confidence on the part of ProofKeep, and ProofKeep will not be liable for any use or disclosure of any Submission that You provide. ProofKeep generally does not pre-screen Submissions. However, ProofKeep reserves the right, but undertakes no obligation, to do so and decide whether any Submission is appropriate and/or complies with the Terms herein. ProofKeep reserves the right to remove any Submission and/or Terminate a User’s access to the ProofKeep Platform for posting or publishing any material in violation of these Terms, at any time, for any reason, and without prior notice to You. If ProofKeep terminates Your access to the site, ProofKeep may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers.

The ProofKeep Platform may offer features and services that are available to You via Your mobile phone or other mobile device. All applicable Terms outlined herein also extend to Your use of the Service on mobile or other hardware devices. These features and services may include, without limitation, the ability to record, upload and share content (audio, video, text, files…etc.) to the ProofKeep Platform, receive messages from the ProofKeep Platform, download applications to Your mobile phone or access ProofKeep Platform features (collectively, the “Mobile Features”). The User acknowledges and agrees that in addition to any Fees or Subscription fees, and taxes paid to ProofKeep for use of Services, You may incur additional fees for standard messaging, data and internet use, and roaming charges by Your carrier. Typically, such fees and charges will appear on Your mobile bill or may be deducted from Your pre-paid balance. In addition, Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with Your carrier or mobile device. Contact Your carrier with questions regarding these issues. ProofKeep will retain no liability, financial or otherwise, for Your use of Services on Your Mobile Features.

Some types of ProofKeep Services may be supported by advertising revenue and the Service may, from time to time, display advertisements and promotions. These advertisements may be targeted to You based on information You provided to ProofKeep, queries You made through ProofKeep or other contextual information about You available to ProofKeep. The manner, mode and extent of advertising by ProofKeep on the Service are subject to change without specific notice to You. As highlighted in our Privacy Policy, ProofKeep reserves the right to disclose aggregated data on your behaviour or use of the Service, or information or statements We publish without attribution to any identifiable individual, or specific data or statements that You separately and specifically agree We can share with the larger public or media, without infringing upon the User’s confidentiality.

ProofKeep and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (collectively “ProofKeep Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any ProofKeep Marks, or other proprietary information (including images, text, page layout, or form) of ProofKeep without Our express written consent. You may not use any meta tags or any other “hidden text” utilizing ProofKeep Marks without ProofKeep’s express written consent.

During the that You are legally registered to use the Service (the “Service Term”) and after the Termination of the Services, You shall not use any of the Intellectual Property in ProofKeep or any ProofKeep materials for any use or purpose, except as expressly permitted under the Agreement to use the Service ProofKeep during the Service Term, and You shall not disclose any of such Intellectual Property to any other person or entity. You agree that all rights, title and interest in and to all Intellectual Property in ProofKeep and any ProofKeep materials are owned exclusively by ProofKeep or its licensors.

Except as provided in this Agreement, the limited license granted to You does not convey any rights in the ProofKeep or any ProofKeep materials, express or implied, or ownership in the ProofKeep, any ProofKeep materials, or any of ProofKeep’s or its licensors’ Intellectual Property. You hereby grant ProofKeep a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the ProofKeep or any ProofKeep materials any suggestions, enhancement requests, recommendations, or other feedback provided by You or Your Representatives relating to ProofKeep. You agree not to display or use the ProofKeep Brands or Marks in any manner without ProofKeep’s express prior written permission, to be granted or denied in ProofKeep’s sole discretion. Any use of ProofKeep Brands or Marks will be governed by ProofKeep’s then-current policies on its trademark and logo usage. Third-Party Marks are the property of such third parties. You are not permitted to use these Third-Party Marks without the prior written consent of the third party that owns the Third Party Marks. Nothing in this Agreement will give You any right to use the ProofKeep Brand Elements. ProofKeep does not allow third parties to use the ProofKeep Brand Elements unless they have received prior written permissions from ProofKeep. If You want to use any of the ProofKeep Brand Elements, You must obtain ProofKeep’s written permission before You them. Any rights not expressly granted herein are reserved by ProofKeep or its licensors.

You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. ProofKeep may deny access to the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please provide ProofKeep with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of where the material that You claim is infringing is located on the Services; (iv) Your address, telephone number, and email address; (v) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. For notice of claims of copyright infringement, you can reach Us by email at: [email protected].

You acknowledge that the Services, or any portion thereof may be subject to the export control laws of the jurisdiction in which You use the Services or reside in. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to ProofKeep or its Affiliates, and under such circumstances ProofKeep, its affiliates, suppliers and resellers will be entitled to equitable relief, without posting a bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

Use the Services is also subject to ProofKeep’s privacy policy, a link to which is located at the footer on ProofKeep’s website, and which is incorporated into this Agreement by this reference (“Privacy Policy”). This Privacy Policy explains how ProofKeep treats Your personal information and protects Your privacy when You use the ProofKeep Platform or Services provided by ProofKeep. You agree to the use of Your data in accordance with the Privacy Policy. If You become aware of any unauthorized use of Your secure information, You agree to notify ProofKeep immediately at [email protected]. Additionally, You acknowledge and agree to allow ProofKeep the right to collect and analyze information about Your usage of the Service including, but not limited to Your IP address, Your network information, the frequency and duration of Your communications, with whom, from where, and in what form (collectively, “Usage Information”). This Usage Information may be used internally to develop artificial intelligence and machine learning algorithms to improve ProofKeep’s Service offering to You and facilitate the development of new personalized Service features. In addition, you acknowledge and agree, as a registered user of the Service, irrespective of which Service or Subscription you Subscribe to or utilize, that Your personal data, including any personal web pages You create, Your name and the like, will become indexed, searchable and available for display to other registered users using the Service and the general public using the world-wide-web. As stated in Our Privacy Policy, ProofKeep reserves the right to disclose aggregated data, or information or statements We publish without attribution to any identifiable individual or specific data or statements that You separately and specifically agree We can share with the larger public or media, without infringing upon the User’s confidentiality.
You understand and agree that ProofKeep may contact You via e-mail, SMS, notification or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving such notices. You also agree to have Your name and email address listed in the header of certain communications You initiate through the Services.

PROOFKEEP, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, AND ITEMS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROOFKEEP AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, CONSULTANTS, RESELLERS, PARENT COMPANY, AGENTS, VENDORS, AFFILIATES AND CONTRACTORS (COLLECTIVELY, THE “PROOFKEEP PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PROOFKEEP PARTIES’S SERVICES; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH THE PROOFKEEP PARTIES; (C) SUBMISSIONS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE PROOFKEEP PARTIES; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE PROOFKEEP PARTIES; (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PROOFKEEP PARTIES OR VIA THE PROOFKEEP PLATFORM, OR (G) ITS FITNESS FOR ANY SPECIFIC PURPOSE. IN ADDITION, THE PROOFKEEP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS. THE PROOFKEEP PARTIES DO NOT REPRESENT OR WARRANT THAT THE PROOFKEEP PLATFORM, THE ITEMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROOFKEEP SITE OR THE SERVERS THAT MAKE SOME OF THE PROOFKEEP PLATFORM SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PROOFKEEP PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON PROOFKEEP IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK AND LIABILITY. THE PROOFKEEP PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR ITEMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PROOFKEEP PARTIES DO SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PROOFKEEP PLATFORM OR SERVICE. THE PROOFKEEP PARTIES DO NOT ENDORSE THE SUBMISSION OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE SUBMISSION OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH SUBMISSION OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUBMISSION OR COLLABORATIVE CONTENT OBTAINED THROUGH THE PROOFKEEP PLATFORM.
You acknowledge and agree the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, ProofKeep Parties, specifically, disclaim any express or implied warranty of fitness for such purposes.

PROOFKEEP, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, AND ITEMS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROOFKEEP AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, CONSULTANTS, RESELLERS, PARENT COMPANY, AGENTS, VENDORS, AFFILIATES AND CONTRACTORS (COLLECTIVELY, THE “PROOFKEEP PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PROOFKEEP PARTIES’S SERVICES; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH THE PROOFKEEP PARTIES; (C) SUBMISSIONS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE PROOFKEEP PARTIES; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE PROOFKEEP PARTIES; (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PROOFKEEP PARTIES OR VIA THE PROOFKEEP PLATFORM, OR (G) ITS FITNESS FOR ANY SPECIFIC PURPOSE. IN ADDITION, THE PROOFKEEP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS. THE PROOFKEEP PARTIES DO NOT REPRESENT OR WARRANT THAT THE PROOFKEEP PLATFORM, THE ITEMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROOFKEEP SITE OR THE SERVERS THAT MAKE SOME OF THE PROOFKEEP PLATFORM SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PROOFKEEP PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON PROOFKEEP IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK AND LIABILITY. THE PROOFKEEP PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR ITEMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PROOFKEEP PARTIES DO SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PROOFKEEP PLATFORM OR SERVICE. THE PROOFKEEP PARTIES DO NOT ENDORSE THE SUBMISSION OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE SUBMISSION OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH SUBMISSION OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUBMISSION OR COLLABORATIVE CONTENT OBTAINED THROUGH THE PROOFKEEP PLATFORM. You acknowledge and agree the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, ProofKeep Parties, specifically, disclaim any express or implied warranty of fitness for such purposes.

This Agreement embodies the entire understanding and agreement between ProofKeep and You respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between ProofKeep and You respecting such subject matter, except that if You or Your company have executed a separate written agreement or You have signed an order form referencing a separate agreement governing Your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the Terms of such agreement. You acknowledge and agree that the form, service level and nature of the Services, may change from time to time without prior notice to You. You agree that ProofKeep may provide You with notices, including those regarding changes to the Terms, by email, regular mail, Notification or postings on the website. If You do not agree with the changes, You should discontinue using the Services.

In order to participate in certain Services, You may be notified that You are required to access or download software and/or agree to additional Terms and conditions. Unless expressly set forth in such additional Terms and conditions, those additional Terms are hereby incorporated into this Agreement by reference. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. ProofKeep has Affiliated legal entities. In certain circumstances, these Affiliates will provide the Services or part of the service to You on behalf of or in conjunction with ProofKeep.

You acknowledge and agree that Affiliates will be entitled to provide Services to You. As part of this continuing innovation, You acknowledge and agree that ProofKeep may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to Users generally at ProofKeep’s sole discretion, without prior notice to You. Unless ProofKeep has given You specific written permission to do so, You may not assign (or grant a sub-license of) Your rights to use the Services, grant a security interest in or over Your rights to use the Services, or otherwise transfer any part of Your rights to use the Software. This means also that You shall not share Your password or user access with anyone including non-users or ineligible users. When the Agreement is terminated or comes to an end, all of the legal rights, obligations and liabilities that You and ProofKeep have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this Agreement shall continue to apply to such rights, obligations and liabilities indefinitely. ProofKeep makes no representation or warranty that the content you Submit on ProofKeep is appropriate in every country or jurisdiction, and access to the Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access ProofKeep are responsible for compliance with all local laws, rules and regulations. The Terms, and Your relationship with ProofKeep under the Terms, shall be governed by the laws of Canada. You agree to submit to the exclusive jurisdiction of the courts located within Canada to resolve any legal matter arising from the Terms. Notwithstanding this, You agree that ProofKeep shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Any and all rights and remedies of ProofKeep upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on ProofKeep, and the exercise of any one remedy will not preclude the exercise of any other. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You agree that if ProofKeep does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ProofKeep has the benefit of under any applicable law), this will not be taken to be a formal waiver of ProofKeep’s rights and that those rights or remedies will still be available to ProofKeep. The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret this Agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement. If You violate these ToU, including (but not limited to) attempting to defraud or disrupt the operations of the Service, You forfeit any and all protections provided under this Privacy Policy. If You have any questions about this Agreement and for all notices, please contact Us at:

ProofKeep Technologies Inc.

12238 New Mclellan Road,

Surrey, British Columbia,

Canada V3X 2Y1

Or by writing to Us at [email protected]