Proxikle Terms of Services

Last Updated: November 15, 2024

We are Proxikle Inc. and its affiliates (“Proxikle”, “we”, “us”, or “our”), a corporation incorporated in the state of Delaware, United States. We operate the website www.proxikle.com, as well as offer related products and services that refer to or link to these Terms of Service (“Terms” or “Legal Terms”). Proxikle provides cloud-based blockchain-as-a-service solutions designed to empower Web3 projects and users, including mobile applications, aimed at advancing the economy of the future.

By accessing or using our website and products, you acknowledge and agree to be bound by these Terms, along with our Privacy Policy and Cookie Policy. If you need to contact us, you may do so by mail at Proxikle Inc., 2093 Philadelphia Pike #5671, Claymont, DE 19703, or by email at legal@proxikle.com.

These Terms of Service form a legally binding agreement between you, whether as an individual or on behalf of an organization (“you”), and Proxikle Inc., governing your access to and use of our Services. By accessing or using the Services, you confirm that you have read, understood, and agree to comply with all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY CEASE ALL USE.

Modifications of this Agreement:

We reserve the right to amend this agreement at any time, provided that we give prior notice of any planned changes to the Services you are utilizing. The revised Terms of Service will take effect either upon their posting or after notifying you via legal@proxikle.com, as outlined in the notification email. By continuing to use our Services after the effective date of such changes, you consent to and agree to be bound by the updated terms.

Our Services are intended exclusively for individuals who are at least 18 years old. Individuals under the age of 18 are strictly prohibited from using or registering for the Services.

Our Services

The information available through our Cloud Services is not intended for distribution or use by any individual or entity in any jurisdiction or country where such distribution or use would violate local laws or regulations, or where it would require us to comply with registration or regulatory requirements. Users who choose to access the Services from outside our primary jurisdiction do so at their own discretion and are solely responsible for ensuring compliance with applicable local laws.

Additionally, our Services are not designed to meet industry-specific regulatory standards (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). Therefore, if your use of the Services would subject you to these or similar regulations, you are not permitted to use our Services.

Intellectual Property Rights

We hold ownership or licensing rights to all intellectual property associated with our Services, including but not limited to the source code, databases, functionalities, software, text, audio, video, website designs, photographs, and graphics within the Services (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos used therein (the “Marks”).

Our Content and Marks are safeguarded under copyright, trademark, and various other intellectual property laws and unfair competition laws, both within the United States and internationally, as protected by applicable treaties.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

- Access the Services, and

- Download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purposes.

We offer a variety of services, including but not limited to: Proxikle Analytics, Proxikle Explorer, Proxikle Nova, Proxikle Nebula, Proxikle Fintax, and Proxikle Blockmath.

Unless expressly permitted by these Terms of Service or our Privacy Policy, you are prohibited from copying, republishing, reproducing, aggregating, posting, uploading, publicly displaying, distributing, selling, licensing, or otherwise exploiting any part of the Services, Content, or Marks for any commercial purposes.

If you wish to use the Services, Content, or Marks in a way not specified in this document or our Legal Terms of Service, please contact us at legal@proxikle.com. Should we grant you permission to post, reproduce, upload, or publicly display any portion of our Services or Content, you must acknowledge us as the owner or licensor of the Services, Content, or Marks and ensure that any copyright or proprietary notices are included or visible when posting, reproducing, or displaying the Content.

Any violation of these Intellectual Property Rights will constitute a significant breach of our Legal Terms of Service, resulting in the immediate termination of your right to use our Services.

Your Submissions and Contributions

Before signing up or using any of our Services, please read this section carefully to understand (a) the rights you explicitly grant us and (b) your obligations when you post or upload any of your content through our Services.

Submissions:

By directly providing us with feedback to improve our services, asking a question, offering a suggestion or idea, or sharing any other information about the Services, you agree to assign all intellectual property rights in such Submissions to us. You acknowledge that we will explicitly own these Submissions and are entitled to their unrestricted use and dissemination for any lawful purpose, whether commercial or otherwise, without any obligation to acknowledge or compensate you.

Contributions:

Our Services may invite you to chat with us, participate in discussions, contribute to blogs, engage in online forums, and use other features where you may create, post, display, transmit, publish, or distribute content through us or our Services. This includes, but is not limited to, text, writings, videos, audio recordings, photographs, graphics, comments, reviews, ratings, suggestions, or other materials. Any submission that is publicly posted will be considered to be owned by you.

You understand that your Contributions will be viewable by other users of the Services.

When you post Contributions, you grant us a license:

By posting your contributions on any of our integrated platforms, you grant us with an unrestricted, unlimited, perpetual, irrevocable, non-exclusive, fully paid license to: copy, reproduce, distribute, sell, use, publish, retitle, store, publicly display, translate your Contributions (including, without limitation your name, and image) for any purpose, commercial or advertising, or to prepare derivative works of, or incorporate into other works, and to sublicense the licenses granted herein this section. Our use and distribution may occur in any media formats and through any social media channels.

This license which you provide to us includes our use of your name, your web3 project name, smart contract name, your cryptocurrency name, and as applicable any of the trademarks, service marks, logos, and personal and commercial images you provide.

You are solely responsible for what you post or upload:

By submitting your content in any of our cloud platforms and/or posting Contributions through any part of our Services or making Contributions accessible through the Services by linking your account or Ethereum Address or Solana Address through the Services, you:

Confirm that you have read and agreed to our “PROHIBITED ACTIVITIES” section, and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is considered to be illegal in the country where you reside or misleading for cryptocurrency users.

We may edit or remove your Content:

Although we do not regularly moderate the content you post on our platforms, we shall have the right to remove or edit any content at any time without notice if in our reasonable judgment we consider such content to be inappropriate for the cryptocurrency community or in breach of these Legal Terms. If we remove or edit any such contributions, we have the right to suspend your account without notice.

User Representation

By using our Services, you represent and warrant that: 

- You will maintain the accuracy of the information you have provided and promptly update such information as and when required.

- You have the legal capacity and you agree to comply with these Legal Terms.
- You are not a minor in your jurisdiction in which you reside.

- Access to cryptocurrencies and other related blockchain services are legal in the jurisdiction in which you reside.

- You will not access the services through automated or non-human means, whether through a bot or a script.

- You will not use the Services for any illegal or unauthorized purposes.

- Your use of the Services will not violate any applicable law or regulation.

If you access the Services from any of the jurisdictions in which cryptocurrencies are banned, we have the right to suspend or terminate your access to your account and refuse any and all access to current or future use of the Services.

User Registration

To access the Services, registration may be required, and in doing so, you agree to maintain the confidentiality of your password. You are solely responsible for any and all activity that occurs under your account and associated password. Furthermore, we retain the exclusive right to remove, reclaim, or alter any username you select if, in our discretion, it is deemed inappropriate, offensive, or otherwise objectionable to the community.

Prohibited Activities

You are not permitted to access or use the Services for any purpose other than those we intend. 

By using the Services, you cannot:

- Retrieve data or content from the Blockchain Services we provide systematically to create, compile, or maintain a collection, database, or directory without our written consent.

- Deceive, defraud, or mislead us or other users, particularly in attempts to obtain sensitive account information like passwords.

- Bypass, disable, or interfere with the security features of the Services, including those that restrict copying or usage of content or enforce limitations on the Services.

- Act in ways that, in our opinion, damage or tarnish our reputation or the Services.

- Misuse our support services or submit false reports of abuse or misconduct.

- Upload or transmit (or attempt to) harmful materials like viruses or excessive spam that disrupts or interferes with others' use of the Services.

- Use the system in automated ways, such as running scripts to send messages or using data mining tools.

- Remove copyright or proprietary notices from any Content.

- Impersonate another user or use someone else’s username.

- Upload or transmit materials that serve as passive data collection mechanisms, such as web bugs or cookies, without our consent.

- Interfere with or disrupt the Services or inter-connected blockchain networks, creating unnecessary strain.

- Attempt to bypass access control measures in the Services.

- Copy or adapt the software used in the Services, such as JavaScript or HTML code.

- Collect usernames or emails for unsolicited emails or create accounts using automated means or false information.

- Sell or transfer your profile to another party.

User Generated Contributions

The Services may allow you to create graphs, dashboards, query the blockchain, storing the blockchain queries and other interactive features. You may also have opportunities to create, submit, post, display, share, perform, publish, distribute, or broadcast content and materials, such as text, writings, videos, audio, photos, graphics, comments, suggestions, personal information, or other items ("Contributions"). These Contributions may be visible to other users of the Services and on third-party websites. Accordingly, any Contributions you provide solely belong to you and you have the right to publish content created by you on any Services. 

By creating or sharing Contributions, you affirm and warrant that:

- The creation, distribution, transmission, public display, or performance, as well as the accessing, downloading, or copying of your Contributions, does not infringe upon the proprietary rights of any third party, including copyright, patent, trademark, trade secret, or moral rights.

- You are either the original creator and owner of the Contributions or hold the necessary licenses, rights, consents, releases, and permissions to use and allow us, the Services, and other users to use your Contributions in line with the intended purposes of the Services and these Legal Terms.

- You possess the written consent, release, or permission of each identifiable individual featured in your Contributions, allowing their name or likeness to be used as part of your Contributions in the manner anticipated by the Services and these Legal Terms.

- Your Contributions comply with all applicable laws, regulations, and rules.

- Your Contributions do not infringe upon any third party's privacy or publicity rights.

- Your Contributions do not otherwise violate or link to material that violates these Legal Terms or any applicable laws or regulations.


Using the Services in a way that breaches these requirements violates these Legal Terms and may lead to termination or suspension of your rights to use the Services.

Contribution License

By submitting your Contributions to any part of the Services or linking them by connecting your social networking accounts, you become the owner of the contribution you post on our platform. This license does not allow us to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions for any purpose, including commercial or advertising purposes. It permits us to create derivative works, incorporate your Contributions into other works, and authorize sublicenses for these rights. These permissions apply to all media formats and channels.

This license extends to any form, media, or technology, whether currently known or developed in the future, and includes the use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, or images you provide. 

While this license provides us usage rights to some extent, we do not claim ownership of your Contributions. You retain full ownership and all associated intellectual property rights or proprietary rights. We are not liable for any statements or representations in your Contributions made on the Services. You are solely responsible for your Contributions and agree to release us from any liability or legal claims related to them.

We reserve the right, at our sole discretion, to:

- Edit, redact, or modify any Contributions;

- Re-categorize Contributions to place them in more appropriate sections on the Services;

However, we have no obligation to monitor your Contributions.

Ethereum and Solana Accounts

As part of the Services, you have the option to connect your Proxikle Account with Ethereum or Solana Wallet (referred to here as "Third-Party Accounts"). You can do this by connecting your Ethereum or Solana wallet through the Services. You confirm that you are the owner of your Ethereum or Solana wallet and you allow us to view your wallet address without violating the terms governing these accounts. By granting us the access to view your wallet address, you acknowledge that we may store your Ethereum or Solana Wallet Address ("Blockchain Content") in our databases so that it is available on our Services via your account, including features like transaction lists. Based on the Ethereum or Solana wallets you connect and the privacy settings you have configured, personal information you post to these accounts may appear on the Services. Though this is an optional service for you to login seamlessly, you can disconnect your Ethereum or Solana accounts from the Services at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY PROVIDERS SUCH AS METAMASK FOR ETHEREUM AND PHANTOM FOR SOLANA IS GOVERNED EXCLUSIVELY BY YOUR AGREEMENT WITH THEM. You can disconnect your Ethereum or Solana wallet through your account settings. We will make efforts to delete any information stored on our databases from your Ethereum or Solana wallets, except for your username and profile picture linked to your account.

Service Management

We retain the authority, though not the obligation, to:

(1) monitor the Services to ensure compliance with these Terms;

(2) take appropriate action, at our discretion, against any individual or entity that, in our judgment, breaches legal standards or these Terms, including reporting such violations to law enforcement if necessary;

(3) restrict, limit, or disable any portion of your contributions, in whole or in part, where feasible and at our sole discretion;

(4) remove or deactivate files or content within the Services that are excessively large or place an undue burden on our systems, without prior notice or liability; and

(5) manage the Services in a manner that safeguards our rights and assets while supporting efficient operation and functionality.

Privacy Policy

We are committed to safeguarding your data privacy and security. For more information, please refer to our Privacy Policy at: http://www.proxikle.com/privacy. By accessing and using our Services, you agree to be bound by this Privacy Policy, which is incorporated as part of these Legal Terms. Please note that our Services are hosted in the United States. If you are accessing the Services from a different region with laws or requirements regarding personal data collection, use, or disclosure that differ from those in the United States, your continued use of the Services indicates your consent to transfer and process your data in the United States.

Term and Termination

These Legal Terms will remain effective as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL, FOR ANY REASON OR FOR NO REASON, INCLUDING BUT NOT LIMITED TO VIOLATIONS OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE LEGAL TERMS OR ANY APPLICABLE LAWS OR REGULATIONS. WE MAY TERMINATE YOUR ACCESS OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT, ALONG WITH ANY CONTENT OR INFORMATION YOU HAVE POSTED, AT ANY TIME, WITHOUT NOTICE, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from re-registering or creating a new account under your own name, a fake or borrowed name, or a third party's name, even if acting on their behalf.

Modifications and Interruptions

We cannot guarantee that the Services will be available at all times. Hardware, software, or other issues, as well as required maintenance, may cause interruptions, delays, or errors. We retain the right to update, suspend, discontinue, or otherwise alter the Services at any time and for any reason with notice. You acknowledge that we are not liable for any loss, damage, or inconvenience arising from any inability to access or use the Services during periods of downtime or discontinuation. These Legal Terms do not require us to maintain or support the Services or to provide fixes, updates, or releases.
If we terminate or suspend your account for any reason, you are prohibited from re-registering or creating a new account under your own name, a fake or borrowed name, or a third party's name, even if acting on their behalf.

Governing Law

These Legal Terms and your use of the Services are governed by and interpreted in accordance with the laws of the State of Delaware, applicable to agreements created and fully performed within Delaware, without considering its conflict of law principles.

Corrections

The Services may include information that contains typographical errors, inaccuracies, or omissions, such as details on descriptions, pricing, availability, and various other aspects. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update this information on the Services at any time, without prior notice.

Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES RELATED TO THE SERVICES AND YOUR USE OF THEM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THAT OF ANY LINKED WEBSITES OR MOBILE APPLICATIONS. WE ASSUME NO LIABILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS OR USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTIONS OR CESSATION OF TRANSMISSIONS TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ISSUES THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY THIRD PARTIES, AND (6) ANY ERRORS OR OMISSIONS IN CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WHEN PURCHASING A PRODUCT OR SERVICE IN ANY SETTING, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE NEEDED.

Limitations and Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE HELD RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY REASON, AND IN ANY FORM OF LEGAL ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT, IF ANY, THAT YOU HAVE PAID TO US. CERTAIN STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS ABOVE MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

- Your Contributions.

- Use of the Services.

- Breach of these Legal Terms.

- Any breach of your representations and warranties set forth in these Legal Terms.

- Your violation of the rights of a third party, including but not limited to intellectual property rights.

- Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will retain certain data that you transmit to the Services to manage their performance, along with data related to your usage of the Services. Although we regularly perform routine data backups, you are solely responsible for all data you transmit or that pertains to any activities you conduct using the Services. You agree that we hold no liability for any loss or corruption of this data, and you waive any right to take action against us for any such loss or corruption.

Electronic Communications, Transactions and Signatures

By accessing the Services, emailing us, or filling out online forms, you engage in electronic communication. You consent to receive electronic communications from us and agree that all agreements, notifications, disclosures, and other communications that we send to you electronically, through email and via the Services, fulfill any legal requirement for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER DOCUMENTS, AND TO RECEIVE NOTICES, POLICIES, AND TRANSACTION RECORDS ELECTRONICALLY THAT ARE INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under any jurisdiction’s laws, regulations, rules, or ordinances that require original signatures, physical delivery or retention of non-electronic records, or any form of payment or credit issuance other than electronic methods.

California Users and Residents

If a complaint with us is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs. They can be reached by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Legal Terms, along with any policies or rules we post on or concerning the Services, constitute the entire agreement and understanding between you and us. If we choose not to exercise or enforce any right or provision in these Legal Terms, it does not mean we waive that right or provision. These Legal Terms are enforced to the fullest extent allowed by law. We reserve the right to transfer any or all of our rights and responsibilities to others at any time. We are not liable for any loss, damage, delay, or failure to act resulting from circumstances beyond our reasonable control. Should any provision or part of a provision in these Legal Terms be found unlawful, void, or unenforceable, it is considered separate, and the validity and enforceability of the remaining provisions are unaffected. These Legal Terms do not establish a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms shall not be construed against us as the drafter. You also waive any defenses based on the electronic format of these Legal Terms or the absence of signatures by the parties to formalize these Legal Terms.

Contact Us

To address a complaint about the Services or to obtain additional information on their use, please contact us at:

Proxikle Inc.2093
Philadelphia Pike #5671Claymont,
DE 19703
United States

legal@proxikle.com