Terms of Service
Effective: 08 March 2018
Acceptance of Terms
This Terms of Service is a legally binding agreement between You (Your, User, Customer) and Proofstack Pte. Ltd. (Proofstack, We, Us, Our) and sets forth the terms and conditions that govern your use of the Service(s) (as defined below). By clicking "Register", “Start Free” or similar button or by using the Services or anyone who accesses or uses the service regardless of platform or subscription status, you agree to be bound by these terms.
We may change this Terms of Service as our business evolves. The most current version will always be posted on this Site. You will be notified of material changes to the Terms of Service by a notification posted on the Site or sending an email to the address listed on your account. The effective date of the change will be posted. Using the Service after that date denotes acceptance of the updated (including any edits, revision, or modification) terms and conditions. You may cancel your account if you do not wish to be bound to the updated terms and conditions.
By accessing or using the Services, you state that you have reached the age of majority if that is not 18 years of age where you live. You are fully competent and able to enter into and comply with this Terms of Service. If you are under 13 years of age, you will not be able to use or access the Services. Your account will be deactivated if we realize that you are under 13 years of age.
Description of Service
The Service(s) means Proofstack’s file/data timestamping and timestamp verification via Proofstack’s Software and/or third-party vendors and any other technologies, provision of the Proof Link (the unique Private or Public Link of each created proof) which links to a Site that shows the details about proven data and any other information) and related search, transfer, management and related administrative features, as well as the Site (www.proofstack.io, www.proof.link), and all applications, software, data, text, reports, images and any content provided by Proofstack or on its behalf.
Accessing and Using the Service
You can use the Service for authorized, lawful purposes only. Prohibited uses are listed under Terms of Service in the Representation and Warranties section. You will immediately inform Proofstack if you come across any security violation related to or within the Service.
Any software provided by or on behalf of Proofstack in connection with the Service, also including Proofstack’s mobile, web and other provided applications or technologies (“Software”) contains confidential and proprietary information which is protected by relevant laws and regulations. Subject to the terms and conditions given here, Proofstack only grants you a non-sublicensable, non-exclusive and personal license to use the object code of any Software only in connection with the Service. Any other rights which are not expressly granted herein are deemed to be reserved.
Some Services may not be available in your country depending on your country’s laws. We reserve the option to block certain Services in some countries. You are responsible for determining if your use of Services is legal in your country.
We make a reasonable effort to keep Service operational but Service may be interrupted from time to time for technical or maintenance reasons. We reserve the right to discontinue or modify, temporarily or permanently, features and functions of the Service, with or without notice, without liability. We have no obligation to support, maintain, update, or upgrade the Services or provide all or any specific data through the Services. We reserve the right to do any of the following, at any time, without notice:
- Modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
- Modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
- Interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We reserve the right to use your name or title on the Site and in other communication with existing or Proofstack customers for promotional or marketing purposes. You may send us an email (firstname.lastname@example.org) if you do not wish to be used as a reference.
Proof Links to several reputable third-party apps and web services at your discretion. These apps and web services, once linked, can access the information you have provided to Proofstack based on the permissions you have granted. Use of this information is governed by the terms of service and privacy policies of these third-party vendors. Please review these policies since you may be giving other services permission to use your data in ways we would not. Except to the limited extent that applicable law may require it, we are not responsible for the policies and practices of third-party vendors.
Each Party shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights. The rights granted to you to use the Services under the Terms of Service does not convey any additional rights in the Services or in any intellectual property rights associated therewith. Subject only to limited rights to access and use the Services as expressly stated herein, all rights, title and interest in and to the Services and all hardware, Software and other components of or used to provide the Services, including all related copyright and Intellectual Property Rights, will remain with Proofstack and belong exclusively to Proofstack.
Data Rights & Responsibilities
You affirm to grant Proofstack complete rights to your data to provide this Service to you, as outlined below. Your permission allows Proofstack to use third party service providers (e.g. Google, Microsoft and Amazon) in the administration and operation of the Service and the rights granted to us extend to these third party service providers to the level necessary for the provision of the Service.
Proofstack distinguishes account data (name, contact information, account and subscription status) from content, data and files submitted for Service. We maintain your account data (and share it with third-party applications based on permissions you grant) to the extent necessary to provide you the Service. The extent you wish to share elements of your account information with the public by publishing it on the internet is at your sole discretion. You can manage the information you wish to share using tools provided by Proofstack. We assume no responsibility for the decisions you make to share information publicly.
On rare occasions, we may need to access or view your content to detect, prevent, or otherwise address fraud, security, unlawful, or technical issues. We retain log data on each transaction to help you manage your Services in Activity Manager.
During the process of completing the Service, we may use/modify your content and account information to complete the Service (for encryption, encoding, decoding or any other purposes) based on the requirements of third-party vendors and aggregate content and account data based on your permissions/instructions to provide the Service output. We assume no responsibility or liability for the content and other data shared with and posted on third-party services by use of our Service.
We do not support all data formats and impose size limitations for content, all of which are subject to change without notification.
Although you have no obligation to provide feedback (ideas, suggestions, proposals, or complaints), by submitting feedback you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly display your feedback.
Enterprise Plans (including API Plans)
Proofstack Enterprise Plan accounts are subject to your organization's terms and policies. If you are a team member of Enterprise Plan, your admin has the ability to access and control your account, any data, Proof Link(s), and all other functionalities/features related to your account (does not include any Proof Link(s) created before joining this plan). Admin may also be able to restrict or terminate your access to the Proofstack enterprise account.
- Adding a new Team Member. If the Enterprise Account owner and/or admin create a team using the Services, we collect the team members’ email addresses, owner's/admin's business name, members full names for the individual setting up of the team. When the Enterprise Admin sends an invitation to a Proofstack member and/or non-members, that person will have access to Proofstack via accepting the invitation email. After this, Enterprise Admin may also send a gentle reminder email to invitees.
- Proof Management. The emails containing the proof will be sent to both Admin & the team member. In addition to the emails, the proof can also be saved in other storage accounts if permitted by Admin.
- Proof Link. Team members can control their Proof Links only if permitted by Admin.
- Team member Deletion: If a team member is deleted, all Proof Links created by the user account will be permanently under the control of the user and this is irreversible. However, during this process, the Admin has the option to retain control by transferring all Proof Links under the Enterprise account. Proofstack will not be liable for this undertaking as per aforementioned terms and conditions laid out under Disputes Regarding Ownership/Transfer of Proof Link.
- Team member Leaving. If you leave the team, all Proof Links created under your Enterprise account will be permanently retained under Admin control. If you are removed by admin, you may not be able to retain control as the owner of Proof Link(s) that you have created because Admin has the option to transfer all Proof Links under the Enterprise account.
Proofstack provide licenses or credits or other methods to use for services (such as creating proof, timestamping, verification, transfer of Proof Link or any other services). The cost of purchasing licenses or credits are determined using methods which differ depending on your type of Service Plan and pay-as-you-go credits.
Depending on your preferred Service plan (including all applicable fees associated with this plan), you will be bound to choose a payment plan and provide Proofstack with precise details of your credit card or any other mode of payment. You will update your account information promptly in case of any changes in your payment information. You agree to pay Proofstack according to the terms set forth on the Site and this Terms of Service.
If there is any dispute regarding the charges, you must inform Proofstack within forty-five (45) days after the date that Proofstack invoices you. Proofstack may opt to bill you through an invoice, in this case, full payment for invoices issued will be received by the date specified in the invoice. Any outstanding dues will incur a charge of the maximum legal amount (permitted by relevant laws), in addition to all collection expenses. You shall bear all responsibility for all taxes associated with Service.
We reserve the right to terminate and delete any account not associated with a subscription fee if there is no account activity or Service used for two consecutive months. All credits expire with termination for free accounts.
We reserve the right to restrict, suspend or terminate your account if we believe you are in breach of the Terms of Service.
We will charge Value Added Tax (VAT) wherever it is applicable. While our billing system provides a process for receiving VAT waivers, users are solely responsible for submitting accurate information to receive these waivers. Proofstack acknowledges no responsibility or liability due to incomplete or an inaccurate VAT registration disclosure.
You authorize us to use payment service providers to process payments and consent to the disclosure of your payment information to such third party.
All payment obligations are non-cancellable and all amounts paid are non-refundable. All fees are due and payable in advance throughout the Subscription Term.
We may change the prices for any services from time to time. If we increase our prices, we will provide due notice of the change on the Site. Price changes for paid subscriptions will come into effect at the beginning of the next subscription period after the date of the price changes. Your continued usage of the Service at the time after the price change goes into effect will constitute your agreement to pay the changed amount.
If you have a paid subscription, your payment to Proofstack will renew automatically when the subscription period ends, unless you cancel your paid subscription. Cancellation will come into effect the day after the last day of the current subscription period and you will be switched to the Free Plan. You may cancel the Free Plan at any time.
Proofstack may offers a variety of services for paying for subscription plans. Purchase made through third-parties payment vendors and subject to these terms and the terms established by the third-party vendor. Please familiarize yourself with the third-party payment vendor’s terms and conditions. If you wish to change your payment method or cancel your subscription or account, you will need to follow the procedures established by the payment vendor you use.
From time to time, we may offer trial subscription plans that vary from listed prices. We reserve the right to correctly determine your eligibility for a trial, and to modify or withdraw a trial at any given time without prior notice and without liability. We may require you to provide accurate payment details to start the trial. At the end of such trials, we may automatically charge you for the paid subscription on the first day following the end of the trial on a recurring basis. You agree to this charge when you provide your payment details in conjunction with the trial. You must change your subscription before the end of the trial if you want to avoid this charge.
Representations & Warranties
You represent and warrant to Proofstack that you have complete authority and power to enter into this Terms of Service; you own all your data or have obtained all necessary permissions, releases, licenses or rights required for engaging in your activities (and allow Proofstack to perform its due obligations) in connection with the Services without requiring any further releases and consents; and your data and your other activities with regard to the Service, and Proofstack’s exercise of license and rights granted by you, will not violate, misappropriate, or infringe any third party’s trademark, copyright, right of publicity or privacy, or other proprietary or personal right, nor does your data contain any sort of matter that is unlawful or illegal. You agree not to:
- Upload, transmit, post, or otherwise provide any of your data that is illegal or unlawful, including without limitation data that is invasive of another's privacy, libelous, harmful, offensive, obscene, abusive, defamatory, hateful, discriminatory, false, misleading incites an illegal act, intimidates or harasses.
- Use the Service to cause harm minors in any form, including posting or transmitting any personally identifiable information about persons under 13 years of age on or through the Service.
- Encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
- Impersonate any entity or person, including, but not limited to, a Proofstack employee, administrator, owner, or other member, or misrepresent or falsely state your affiliation with any person or entity; use or attempt to use another’s account or personal information; gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means; or manipulate identifiers with the intention to disguise the origin of any of your data.
- Upload, transmit, post, or provide any of your data that you do not have a right to do under any law or fiduciary or contractual relationships (such as insider information, confidential and proprietary information disclosed or learned as part of employment obligations or under nondisclosure agreements).
- Upload, transmit, post or otherwise provide any of your data in a manner that infringes any trademark, patent, copyright, trade secret or other proprietary rights of any party.
- Sublicense, resell, lease, rent, assign or transfer the Services or its use, or offer the Services on a timeshare basis to any third party.
- Use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
- Use the Services to upload, transmit, post, or make available any software viruses or computer code, programs or files designed to destroy, limit or interrupt the functionality of any computer hardware or software.
- Disrupt or interfere with the Services or networks or servers connected to the Services, or disobey any procedures, requirements, regulations or policies of networks connected to the Services, including the use of any software or device.
- Modify, hack, or adapt the Services, including by the use of any non-public Proofstack APIs, or try to gain unauthorized or unlawful access to the Services or any related networks or systems.
- Use the Services to engage in any unlawful or illegal activities.
- Store or collect personal data about any other users in connection with any of the prohibited activities and conduct set forth above.
You accept that Proofstack and its appointees have the right to prescreen, remove, or refuse any of your data that is available via the Services. You must evaluate and bear any and all risks associated with the use of your data, including any reliance on the completeness, usefulness, and accuracy of your data.
You accept and consent that Proofstack may access, disclose and preserve your account information and your data if required to do so by law or in a good-faith belief that such access, disclosure or preservation is necessary to comply with the legal process; enforce the Terms of Service; respond to any claims that your data violates the rights of any third parties; respond to your request for customer services; or protect the property, rights or personal safety of Proofstack, its users and the public.Term; Termination
This Terms of Service will stay in effect until such time your account or this Terms of Service is terminated. You can deactivate your account anytime at https://app.proofstack.io
Proofstack reserves the right to delete or deactivate your account and terminate this Terms of Service at any time with or without notice for any reason, or no reason. Following the termination or cancellation of your subscription to the Services and/or Account, we reserve the right to delete all service and account data in the normal course of operation. These data cannot be recovered once your account is canceled.Disclaimer of Warranties
The service and all related components and information are provided on an “as-is” and “as-available” basis without any warranties of any kind, and Proofstack expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Proofstack does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from use of the Services, and no information, advice or Services obtained by you from Proofstack or through the Services shall create any warranty not expressly stated in this Terms of Service. Your sole remedy against Proofstack for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.Limitation of Liability
Except as expressly set forth in this Agreement, the Services are provided "as is" and Proofstack makes no and disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title or non infringement of third parties' intellectual property rights or other proprietary rights. This agreement is not intended to, and does not, express or imply any warranty that the operation of the services will be uninterrupted, timely, or error-free. Any use of the services to engage in transactions or to communicate with any contacts or other third party is at user's sole risk. Proofstack makes no warranty that user's use of the service or any transactions entered through user's access or use of the service will meet user's requirements.
In no event will Proofstack be liable for any lost profits, revenue or data, or other incidental, special, punitive, exemplary, indirect or consequential damages, arising out of or related to the services or any access or use thereof. In no event will Proofstack’s liability to user or any third party, whether in contract, tort (including negligence), or otherwise, exceed the price of the applicable service paid by the user. The foregoing limitations of liability will apply, even if Proofstack has been advised, or is otherwise aware, of the possibility of damages in excess of such limitations and even if the warranty remedy of this section fails of its essential purpose.
Laws, regulations, and their interpretation can change rapidly and can also vary from place to place. The information is not guaranteed to be correct, complete or current. The content provided on this Site should not be construed as legal advice or legal opinion on any matter. Proofstack does not accept any liability for the content of this agreement or for the consequences of any actions taken on the basis of the information provided. For legal advice or representation, please contact a licensed attorney in your area for local law.
In certain jurisdictions which do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, Proofstack’s liability will be limited to the greatest extent as permitted by law.
For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us by email at email@example.com. If a dispute is not resolved within 30 days of submission, you or Proofstack must resolve any claims relating to these terms, the services, or the software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
The arbitration shall be administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with its practice rules and regulations (the “Rules”). The appointing authority shall be the Chairman or Deputy Chairman of the SIAC. The place of the arbitration shall be Republic of Singapore and the language of the arbitration shall be English.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the services or content in violation of these terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Disputes Regarding Ownership/Transfer of Proof Link
If a dispute arises between individuals or among multiple persons regarding the claim of ownership or rights to an account and/or Proof Links, then Proofstack is not obligated to resolve these disputes. If multiple parties (individuals/businesses) are claiming ownership of/or rights for an account and/or Proof Links, there is no certainty as to the ownership of rights in said account and/or Proof Links, then Proofstack will, to the extent of its ability and knowledge, notify the said parties of the dispute and demand that said parties conclusively, promptly, and finally resolve the dispute in a manner that makes clear who the owner(s) and/or interest holder(s) is/are and in a manner that relieves Proofstack of all liability/obligations concerning the dispute. If said parties fail to resolve the dispute within what Proofstack, in its sole judgment and discretion, deems to be a reasonable amount of time, then Proofstack, at its option and without having any obligation to do so, may, in accordance with and subject to the laws of the Republic of Singapore under Singapore International Arbitration Centre, file an interpleader action in a relevant court of competent jurisdiction within Singapore International Arbitration Centre to allow the disputing parties to resolve said dispute and to reach an agreement of certainty regarding ownership of or rights in said account and/or Proof Links. The person or persons conclusively determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account will be obligated to reimburse Proofstack for any and all of its expenses relative to the said interpleader action including without limit, all its court costs and attorney fees. All amounts owed to Proofstack under the premise of this section shall be deemed due and payable immediately upon thirty days after the judgment or settlement is reached.
Statute of Limitations
Irrespective of any contrary statute or law or dispute resolution process, a complaint pertaining to any claim or cause of action which arises out of or is related to the usage of the Service or under this Terms of Service should be filed with Proofstack within one (1) year after such cause of action or claim arose or be barred forever. For any claims pursuant to copyright and intellectual property violations, these have to be filed in the respective court of law within (3) three years after such claim or cause of action arose or is forever barred.
Intellectual Property Infringement
In relevant situations and at our discretion, Proofstack may terminate and/or disable the accounts of those users that are repeat infringers. If you think your work has been copied in a manner that amounts to intellectual property infringement, please contact us on firstname.lastname@example.org. For legal remediation of copyright disputes, please consult outside legal services.
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services, or your violation of these terms.
If any of the provisions of this Terms of Service is found to be invalid or unenforceable, that particular provision will be eliminated or limited to the necessary minimum extent so as to allow this Terms of Service to remain in full force, effective and enforceable.
Integration, Authority, and Modification
This Terms of Service is the exclusive and complete statement of understanding of all parties and cancels and supersedes all previous oral and written agreements, communications and any other understandings regarding the subject matter of this Terms of Service. All modifications and waivers to this Terms of Service must be in writing and signed by both parties that expressly by its terms waives or modifies a provision of this Terms of Service, except as otherwise provided herein. No partnership, agency, employment, or joint venture is created as a result of this Terms of Service and you do not have any power to bind Proofstack in any manner whatsoever.
Proofstack may assign or transfer this Terms of Service, partly or in whole, without restriction. You will not assign this Terms of Service without written permission from Proofstack and by providing thirty (30) days notice of the same.
All notices (unless expressly stated) under this Terms of Service shall be in writing and deemed to have been duly given if transmitted by email and receipt is confirmed electronically.
The Terms of Service and the relationship between all parties will be governed by the laws of the Republic of Singapore under Singapore International Arbitration Centre without regard to the conflict of law.
Waiver & Severability of Terms
The failure of Proofstack to enforce or exercise any of the rights or provisions of the Terms of Service will not constitute a waiver of such provision or right.
No Right of Survivorship & Non-Transferability
If you are a living person, you comply with the statement that your account is non-transferable and your rights to your account and the content within it shall terminate upon your death.
Proofstack is a private limited company, incorporated pursuant to the laws of Singapore under registration number 201729654G and having its registered address at 28C Stanley Street, Singapore 068737.