Terms of Service
Last Updated: October 3, 2022
Welcome to PTI’s Terms of Service (“Terms”). These Terms are a legal agreement between you (“you,” “your”, “user”) and Provenance Technologies, Inc. (”PTI,” “we,” “our” or “us”) and govern your use of PTI’s services, including websites, mobile applications, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY THESE TERMS OF SERVICE FROM TIME TO TIME. IF WE MAKE CHANGES, WE WILL PROVIDE YOU WITH NOTICE OF SUCH CHANGES BY SENDING YOU AN EMAIL OR PROVIDING NOTICE THROUGH THE WEBSITE OR OUR SERVICES. FOR CHANGES THAT WE IN GOOD FAITH BELIEVE ARE IMMATERIAL, AN UPDATE TO THE AGREEMENT MAY BE REFLECTED IN A NEW DATE ON THESE TERMS. ANY MODIFICATIONS ARE EFFECTIVE IMMEDIATELY, AND YOUR CONTINUED USE OF THE WEBSITE OR OUR SERVICES WILL CONFIRM YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING OUR SERVICES.
1. PTI Services
PTI provides payment processing and money transmission services so that you may make payments within gaming platforms. PTI will remit payments successfully received by PTI from you to the relevant seller in accordance with your instructions. By using the payment processing or money transmission services, you authorize PTI to accept and remit payments made by you for transactions.
In addition, PTI may act as the merchant for digital items that you purchase using the PTI services. If PTI is identified as the “merchant” in the checkout flow, then you should contact PTI for your customer support needs. PTI’s customer support can be reached through firstname.lastname@example.org.
PTI offers regulated virtual currency and money transmission services in select jurisdictions. PTI is licensed with various U.S. states and registered with the Financial Crimes Enforcement Network (FinCEN) as a Money Services Business. In order to use the Services, you agree to provide us with the information we request for the purposes of identity and jurisdictional verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes, and permit us to keep a record of such information. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information (collectively, “Personal Information”). You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that we may disclose your Personal Information to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating.
You are responsible for providing accurate and complete information in response to our questions, and you must keep that information updated and current. You are completely responsible for all activity that occurs through your interaction with the Services, which includes any actions taken by persons to whom you have granted access to your login information to access the Services. We reserve the right to change the account type, suspend or terminate the access to the Services of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration maintenance requirements.
Through the website, you may have the opportunity to earn, buy, trade, donate, exchange and otherwise use various digital currencies, non-fungible tokens and other assets commonly exchanged for traditional fiat currencies (“Cryptocurrencies”). Cryptocurrencies are not legal tender and are not backed by any government, and they are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
While a website connected to the Services may provide information about the estimated value of Cryptocurrencies, including their historical value, the real-world fiat value of all Cryptocurrencies are subject to volatility and change, and Cryptocurrencies could lose their value, both on an individual as well as a network-wide basis. PTI does not directly control and is not responsible for the value of any Cryptocurrencies and makes no guarantee, express or implied, of their value in fiat.
In addition, you acknowledge that PTI does not offer securities-related services in the United States or to U.S. persons and is not registered with the U.S. Securities and Exchange Commission. PTI does not provide investment, financial, tax, or legal advice. The information and applications provided in connection with the website does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and should not be treated by any user as such. PTI makes no recommendation and, apart from providing estimated value or historical value data in certain circumstances, does not provide any advice about the actual present fiat value of any Cryptocurrency.
Your rights under these Terms and your rights to use our Services automatically terminate if you fail to comply with any aspect of our Terms. In addition, we may terminate, suspend or modify your account or your access to the website, with or without notice to you, at any time for any reason. If you wish to terminate your participation on our website, please provide us with written notice of your desire to terminate via email to email@example.com.
4. Jurisdictional Issues; Taxes
You are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Services to any person or geographic area at any time. Any software offered on or through the website may be subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with use of the Site by any taxing authority.
These Terms prohibit you from taking, or permitting any third party, directly or indirectly to take, actions to:
a). Monitor or access any material or information on any PTI system using any manual process or robot, spider, scraper, or other
b). Use any tool to enable features or functionalities that are otherwise disabled in the Services or to bypass or circumvent any technical limitations of the Services, or decompile, disassemble or otherwise reverse engineer the Services;
c). Take or attempt to take actions that would interfere with the proper working of the Services, prevent access to or use of the Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
d). Reproduce, copy, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from PTI;
e). Export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
f). Engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account could be terminated and your funds could be held for an indefinite period of time;
g). Use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
h). Transfer or attempt to transfer any rights granted to you under these Terms;
i). Use the Services for any illegal activity or goods or in any way that exposes you, other PTI users, our partners, or PTI to harm;
j). Create a false identity, create a false account or accounts, create multiple accounts, submit false or inaccurate information or impersonate any person or organization; or
k). Use the Services in any manner except as expressly allowed under these Terms.
6. Security Protocol
We implement appropriate technical and organizational safeguards to protect against unauthorized or unlawful processing of data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to data, which includes your personal information. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of data. By using the Services or otherwise providing your personal information to us, you acknowledge this limitation, and agree that we can communicate with you electronically, including via notice on our website, regarding security, privacy and administrative issues relating to your use of the Services. We may post a notice via our website if a security breach occurs, or send you an email at the email address you have provided to us in these circumstances, including if you have a legal right to receive notice of any breach based on where you live.
You consent to accept and receive electronic communications from us. Such communications may include, but are not limited to multi-factor authentication requests, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional communications as a condition of using the Services. You may opt-out of receiving promotional communications in the manner that will be provided via the communication itself. You acknowledge that opting out of receiving communications may impact your use of the Services.
9. Account Statements and Receipts
You have the right to receive periodic account statements and valuations from us, as well as a receipt, trade ticket, or other evidence of a transaction. We will make these statements, valuations, and transaction evidence available through the Services as part of the information accessible using your PTI Account. We may send periodic emails with a link to your account to facilitate access to your PTI Account and review of this information.
You agree to indemnify and defend us and our affiliates and our respective directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against us by any third-party arising from your violation of these Terms, the rights of a third-party or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects our rights or obligations may be made without our prior written approval.
11. Disclaimer of Warranties & Limited Liability
UNLESS EXPRESSLY PROVIDED OTHERWISE, OUR SERVICES AND ANY ASSOCIATED PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. We do not warrant that (a) the Services will meet your requirements, including those of any hardware or device that you use to access the Services, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by us or our authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (1) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES AND ASSOCIATED PRODUCTS. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR PTI ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PTI IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that we would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
12. Refund/Cancellation/Return Policy
All payments made through Provenance Technologies, Inc.’s platform or Provenance
Technologies, Inc. accounts are final and non-refundable except where Provenance Technologies, Inc. has made an error (technical or otherwise) in processing the payment. In the case of a payment processing error, Provenance Technologies, Inc. will provide a refund in order to resolve the error.
In the absence of an error on Provenance Technologies, Inc.’s part, if a customer wishes to cancel a payment and receive a refund, the customer must directly contact the Client Partner (i.e., “platform”) to which the payment was made. Based on the Client Partner’s discretion and in accordance with the terms of Provenance Technologies, Inc.’s agreement with the Client Partner, Provenance Technologies, Inc. may process a refund as requested by the Client Partner and in accordance with the terms of Provenance Technologies, Inc.’s agreement with the Client Partner.
13. Dispute Resolution
YOU AND WE AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION AND THAT YOU AND WE WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.
YOU AND WE FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
With the exception of disputes that qualify for small claims court, you agree that if there is any dispute between you and us and our agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this Section, “PTI Parties”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this agreement to arbitration (collectively, "Covered Disputes"), both parties shall first attempt in good faith to settle any Covered Dispute by providing written notice to the other party describing the facts and circumstances of the Covered Dispute and allowing the receiving party 30 days in which to respond to or settle the Covered Dispute. Both you and PTI agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
We will provide such notice by mail or e-mail using the contact information on file with us and you must provide such notice by mail to Provenance Technologies, Inc., Attn: Legal Department, 268 Bush Street, #3401, San Francisco, CA 94104.
If any Covered Dispute cannot be resolved by the above dispute resolution procedure, such Covered Dispute will be settled by binding arbitration in the U.S. State of California administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration that we paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
We and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither we nor you are entitled to arbitrate any Covered Dispute as a class or representative action and the arbitrator will have no authority to proceed on a class or representative basis.
If any provision of the agreement to arbitrate in this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against us under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section.
14. Governing Law
These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of Delaware or any other state, and are binding upon the parties hereto in the United States and worldwide. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
15. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
16. Jurisdiction-specific Information
16a. California Businesses
If you are a “Business” as defined by the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq., (“CCPA”) then this provision 22 applies to you. For purposes of this Section 22, “process”, “sell”, and “business purpose(s)” have the meaning ascribed to them by the CCPA.
a) For purposes of this Section, “Buyer Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household that is processed by PTI in connection with its Services to you. Buyer Personal Information does not include information PTI receives about your customers (“Buyers”) for purposes of PTI’s digital receipt, customer directory and email marketing tools (“PTI Buyer Features”). It does include information that your Buyer has provided you.
b) We may receive Buyer Personal Information for the purpose of performing Services on your behalf as described in these Terms. We agree that we will process Buyer Personal Information collected, processed, stored or transmitted by, or accessible to us in the course of these Terms, and other applicable terms of service, only on your behalf, and for the purpose of providing you with the Services in these Terms and other applicable terms linked above based on the products you use. We acknowledge that we are prohibited from: (i) selling the Buyer Personal Information; (ii) retaining, using, or disclosing the Buyer Personal Information for any purpose other than providing to you the Services specified in these Terms, and other applicable Terms of Service referenced above. As part of, and for purposes of, facilitating the Services, PTI may (i) de-identify or aggregate the Buyer Personal Information; and (ii) process the Buyer Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Services; improving, updating or enhancing the Services either for you or for our customers generally; detecting and preventing fraud, and for protecting the security and integrity of our Services; and complying with our legal obligations. You acknowledge and agree that Buyer Personal Information that you disclose to PTI is provided to PTI for the parties’ business purposes.
c) We reserve the right to delete Buyer Personal Information stored pursuant to these Terms in the ordinary course of business, pursuant to our retention schedules.
16.b. Louisiana Businesses
Provenance Technologies, Inc. is licensed by the Louisiana Office of Financial Institutions as a money transmitter. The Louisiana Office of Financial Institutions does not license or regulate services related to virtual currency including but not limited to transmission or exchange which may be conducted by Provenance Technologies, Inc.
17. Claims of Copyright Infringement
We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through our Services or products, please prepare a notice with the following information:
● your address, telephone number, and email address;
● a description of the work that you claim is being infringed;
● a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
● a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
● an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
● a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please send your claim or notice of infringement to our DMCA agent at: Provenance Technologies, Inc., Attn: DMCA Agent, P.O. Box 191373, San Francisco, CA 94119.
We may give notice to users that content has been removed or disabled by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice or believe that a general notice applies to you, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
● Your physical or electronic signature;
● Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
● A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
● Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Please do not send any other correspondence or inquiries to our DMCA agent. Our DMCA agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see http://www.copyright.gov/ for more information.
● These Terms, together with our Privacy Statement and any Additional Rules contain the entire understanding by and between us and you with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
● These Terms (i) inure to the benefit of and will be binding upon us and you and your successors and assigns, respectively, and (ii) may be assigned by us, but you may not assign them without the prior express written consent of us.
● If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
● If we or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
● Nothing contained in these Terms will be deemed to constitute us or you as the agent or representative of the other or as joint venturers or partners. If we or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
● The headings and captions contained herein are for convenience only.
● These Terms and all related documentation will be drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
Provenance Technologies, Inc.
268 Bush Street, #3041
San Francisco, CA 94104
© 2022 Provenance Technologies, Inc.
All rights reserved. All trademarks, logos and service marks displayed on the website are our property or the property of other third parties.