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Terms of Service

Last Updated: March 22, 2022

Welcome to PTI’s Terms of Service (“Terms”) in connection to Rally.io. Provenance Technologies provides payment processing for the purchase of Creator Coin and discretionary conversion of Creator Coin into $RLY in certain jurisdictions. 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 (which includes www.ProvenanceTech.io and certain pages within Rally.io), 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.

PTI DOES NOT ISSUE CREATOR COIN OR SIDECHAIN RLY AND IS NOT RESPONSIBLE FOR THE PRICING OR EXCHANGE OF THESE TOKENS. YOUR “PORTFOLIO” ON RALLY.IO IS OFFERED BY THE RALLY NETWORK, NOT PTI. PTI RESERVES DISCRETION WHETHER TO ENABLE “BRIDGE OUT” OR OTHERWISE FACILITATE THE CONVERSION OF CREATOR COIN TO MAINCHAIN $RLY, SUBJECT TO PTI’S LICENSING AUTHORITIES AND REGULATORY COMMITMENTS. YOU ARE NOT GUARANTEED ACCESS TO THE BRIDGE OUT SERVICE AND THUS ARE NOT ASSURED OF RECEIVING ANY VALUE IN CONNECTION TO YOUR PURCHASE OF CREATOR COIN.

If you live in a jurisdiction that requires a financial institution license to offer Cryptocurrency services, you are precluded from consideration for the Bridge Out service unless PTI has first obtained such license. Notably, PTI has not yet obtained the “Bitlicense” in New York or a license to offer virtual currency services in Japan, and does not offer Bridge Out (or any virtual currency services) to New York or Japanese residents and citizens.

Numerous other jurisdictions are precluded from Bridge Out services. PLEASE CAREFULLY REVIEW SECTION 3 FOR A LIST OF ALL RESTRICTED JURISDICTIONS.

THE TERMS OF SERVICE, AS UPDATED FROM TIME TO TIME, SHALL APPLY TO ALL USERS OF THE SERVICES.

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 services and compliance and security services in connection to virtual worlds and online video games. 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.

2.     Cryptocurrencies

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”). Currently, the only such offering on Rally.io is known as “Bridge Out.” Bridge Out is a limited offering as described in more detail in Section 3 of these Terms. 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, such as $RLY, and may include information about 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.

PTI sells Creator Coin as a closed-loop token enabling Creator-Fan specific economies and does not consider Creator Coin to be a traditional regulated virtual currency. To extract any value from Creator Coin, you must convert into $RLY, which PTI enables only in specific jurisdictions. PTI does not offer Rally.io as a general matter. PTI is not responsible for representations regarding your “Portfolio” on Rally.io. In purchasing Creator Coin, you acknowledge that you are purchasing a closed-loop token with no guaranteed value and agree to use Creator Coin for the purpose of participating in your Creator economies.

In addition, you acknowledge and agree 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.

3.     Transactions

You may be able to purchase and/or sell Cryptocurrency and Creator Coin through the third parties that enable exchange with the Ethereum mainnet. Note that PTI does not offer such services to you, and makes no guarantee or representations about such services or offerings.

The website currently supports the purchase of Creator Coin through a debit or credit card that matches the name on your account. You must provide the information requested and follow the relevant instructions provided by the website to complete your transaction for Creator Coin. Following receipt and processing of any required information, confirmation of your payment method and completion of the transaction, the purchased Creator Coin will generally be included in your account and listed in your portfolio balance within 1 hour.

OFFERS OF “REDEEM” ON RALLY.IO ARE OFFERED THROUGH THIRD PARTIES AND NOT OFFERED BY PTI. CONSULT WITH RALLY TERMS OF USE REGARDING SUCH FEATURE.

The bridging out of Creator Coin or $RLY from your Rally account to $RLY in your Ethereum wallet, where it can be used in the Ethereum mainnet, is supported on Rally.io at PTI’s discretion. For further information and a description of restrictions and requirements to use the “Bridge Out” feature, please see the Rally wiki, which may be updated from time to time.

PLEASE NOTE: Your ability to use all features on the website may be limited, depending on your place of residence. Because of jurisdictional restrictions, while you may be able to purchase Creator Coin, you will be restricted from exiting your sidechain $RLY to the Ethereum mainnet, and, accordingly, any value you acquire will be locked in the sidechain. Currently restricted jurisdictions include New York, Hawaii, Louisiana, South Korea, Japan, Singapore, China, India, Brazil, Russia and Turkey. In addition, residents of US Sanctioned countries may not use the website or any features of the website. You are responsible for understanding and complying with these restrictions if you decide to interact with the website. These restrictions are subject to change. For the most updated list of restricted jurisdictions, please see the Rally wiki, which may be updated from time to time.

In addition, the “Bridge Out” feature will require ETH in your Ethereum wallet to pay transaction fees, called gas, on the Ethereum network. During the transaction completion process, if fees are charged by such third parties to complete your transaction, or gas fees are charged due to a Bridge Out transaction, the amount of your transaction price that will be allocated towards fees will be automatically deducted from the total transaction price and identified, for example as “Fees” and “Transaction Fees”, prior to the completion of your transaction. As a result, the amount of $RLY or Creator Coin that you are transacting with will be equal to the amount of the total transaction price after deduction of such fees. You agree that you will provide us with all the information that we reasonably request, and that if you register with a third-party services provider designated by us, you will provide all information required by such third-party services provider in order to process payments. It is your responsibility to ensure that all information provided to us and to any third-party services provider is accurate, true and complete. In addition, you agree that your account with any third-party services provider is subject to all terms, conditions and privacy policies of such provider. You agree that you are solely responsible for payment of the fees, costs and expenses of a third-party services provider in connection with your transaction that may be incurred by you and, in some cases, deducted from your payments. We are not responsible for any delay, failure, damage, or liability caused by a third-party services provider, any other third party, a force majeure, or your failure to timely or properly provide us with requested information, or, with respect to third party services provider, your failure to timely or properly set up an account with the payment services provider or otherwise provide requested information for completion of a transaction. If PTI believes that fraud or attempted fraud, circumvention of any of these Terms or the PTI Privacy Policy, or any violation of law or regulation is taking place with respect to any payment or transaction, we may take action to withhold, delay, or cancel the transaction, or seek repayment of payments associated with such fraud or violations, in our sole discretion.

4.     Termination

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 customerservice@provenancetech.io.

If your account is terminated with balances still associated with your account, you can reach out to us via email to customerservice@provenancetech.io for more information on how to retrieve such balances.

Termination of these Creator Terms or your account will not limit any of our other rights or remedies. Those provisions that by their nature are intended to survive termination or expiration of these Creator Terms shall so survive.

5.     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.

6.     Restrictions

 

These Terms prohibit you from taking, or permitting any third party, directly or indirectly to take, actions to:

1.     Monitor or access any material or information on any PTI system using any manual process or robot, spider, scraper, or other automated means;

2.     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;

3.     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;

4.     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;

5.     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);

6.     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;

7.     Use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;

8.     Transfer or attempt to transfer any rights granted to you under these Terms;

9.     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;

10.  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

11.  Use the Services in any manner except as expressly allowed under these Terms.

 

7.     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.

8.     Privacy

You acknowledge that you have reviewed and consent to PTI’s Privacy Policy.  In addition, you agree at all times to comply with applicable laws regarding the collection, use, disclosure, protection, processing and retention of information that identifies or is reasonably capable of identifying an individual to PTI in connection with the Services (including information collected by PTI on your behalf).

9.     Communications

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.

10.  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.

11.  Indemnity

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.

12.  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.

13.  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.

 

13a. 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.

18.  Miscellaneous

- 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.

 

 

CONTACT INFORMATION:

Provenance Technologies, Inc.
268 Bush Street, #3041

San Francisco, CA 94104

Email: legal@provenancetech.io

 

© 2022 Provenance Technologies, Inc.; PTI

All rights reserved. All trademarks, logos and service marks displayed on the website are our property or the property of other third parties.