Terms of Service

Welcome to Protoshot (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) regulate your utilization of our web pages located at https://protoshot.com operated by Protoshot.

Our Privacy Policy, accessible at https://protoshot.com/privacy-policy, also governs your use of our Service and elaborates on how we gather, safeguard, and disclose information resulting from your use of our web pages.

Your agreement with us encompasses these Terms and our Privacy Policy (“Agreements”). By acknowledging these Agreements, you indicate that you have comprehended and accepted them.

If you do not assent to (or cannot abide by) the Agreements, then you may not utilize the Service. However, please communicate with us by emailing poll@protoshot.com, so we can endeavor to find a resolution. These Terms apply to all visitors, users, and others desiring to access or use the Service.

Thank you for your conscientiousness.

License

Information regarding our license can be accessed on our license page: https://protoshot.com/license-terms/

Communications

Upon creating an Account on our Service, you consent to subscribing to newsletters, marketing or promotional materials, and other information we may disseminate. Nevertheless, you retain the option to opt out of receiving any, or all, of these communications from us by following the unsubscribe link or via email.

Purchases

Should you wish to procure any product or service provided through the Service (“Purchase”), you may be prompted to furnish certain information pertinent to your Purchase, including, but not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You affirm and guarantee that: (i) you possess the legal entitlement to utilize any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you furnish to us is truthful, accurate, and comprehensive.

We may engage the services of third-party entities to facilitate payment and the execution of Purchases. By submitting your information, you grant us the authority to furnish this information to said third parties, subject to our Privacy Policy.

We uphold the prerogative to reject or annul your order at any juncture for various reasons, including, but not restricted to: product or service availability, inaccuracies in the description or pricing of the product or service, errors in your order, or other grounds.

We reserve the right to decline or cancel your order if fraudulent activity or an unauthorized or illicit transaction is suspected.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (“Promotions”) made accessible through the Service may be regulated by rules distinct from these Terms of Service. Should you partake in any Promotions, please peruse the pertinent rules in addition to our Privacy Policy. In the event of a conflict between the rules for a Promotion and these Terms of Service, the rules for the Promotion will supersede.

Subscriptions

Certain facets of the Service are invoiced on a subscription basis (“Subscriptions”). You will be invoiced in advance on a recurring and periodic basis (“Billing Cycle”). The billing cycles are configured either monthly or annually, contingent upon the type of subscription plan you select when procuring a Subscription.

At the culmination of each Billing Cycle, your Subscription will automatically renew under identical conditions unless you opt to cancel it or Protoshot elects to terminate it. You may terminate the renewal of your Subscription either via your online account management page or by contacting the Protoshot customer support team.

A valid payment method, such as a credit card, is requisite to process the payment for your subscription. You are obligated to furnish Protoshot with accurate and comprehensive billing information, encompassing your full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Protoshot to charge all Subscription fees incurred through your account to the specified payment instrument.

Should automatic billing fail for any reason, Protoshot will issue an electronic invoice mandating that you manually remit the full payment within a specified deadline, corresponding to the billing period delineated on the invoice.

Fee Modifications

Protoshot reserves the discretion, at its sole discretion and at any time, to revise Subscription fees for the Subscriptions. Any alteration in Subscription fees will take effect at the culmination of the prevailing Billing Cycle.

Protoshot will furnish you with reasonable advance notice of any modification to Subscription fees to afford you the opportunity to terminate your Subscription before the amendment becomes effective.

Your continued utilization of the Service subsequent to the implementation of the Subscription fee modification signifies your consent to remit the adjusted Subscription fee amount.

Refunds

Refunds for Contracts are disbursed within seven (7) days of the initial Contract purchase.

Content

Our Service empowers you to disseminate, link, store, share, and otherwise render available certain information, text, graphics, videos, or other material (“Content”). You assume responsibility for the Content you disseminate on or through the Service, including its legality, dependability, and appropriateness.

By disseminating Content on or through the Service, you affirm and warrant that: (i) the Content is your own (you possess ownership of it) and/or you possess the right to utilize it and bestow upon us the rights and license as outlined in these Terms; and (ii) the dissemination of your Content on or through the Service does not contravene the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity. We reserve the prerogative to terminate the account of any individual found to be infringing on a copyright.

You retain all of your rights to any Content you submit, post, or exhibit on or through the Service, and you are accountable for safeguarding those rights. We eschew liability and assume no responsibility for Content you or any third party disseminate on or through the Service. Nonetheless, by disseminating Content utilizing the Service, you grant us the license and authority to utilize, modify, publicly perform, publicly exhibit, reproduce, and disseminate such Content on and through the Service. You acquiesce that this license encompasses the right for us to make your Content accessible to other Service users, who may also utilize your Content pursuant to these Terms.

Protoshot reserves the prerogative, though not the obligation, to monitor and edit all Content disseminated by users.

Moreover, Content found on or through this Service is the property of Protoshot or is employed with permission. You may not disseminate, modify, transmit, reuse, download, repost, copy, or utilize said Content, whether in its entirety or in part, for commercial purposes or for personal gain, without our explicit advance written authorization.

Prohibited Activities

You may solely utilize the Service for lawful purposes and in compliance with these Terms. You consent not to utilize the Service:

In any manner that contravenes any applicable national or international law or regulation.

For the purpose of exploiting, harming, or endeavoring to exploit or harm minors in any manner by exposing them to inappropriate content or otherwise.

To transmit, or solicit the transmission of, any advertising or promotional material, including any “junk

mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate Protoshot, a Protoshot employee, another user, or any other individual or entity.

In any manner that infringes upon the rights of others, or in any manner that is illegal, menacing, fraudulent, or harmful, or in connection with any illegal, fraudulent, or harmful purpose or activity.

To engage in any other behavior that restricts or inhibits anyone’s utilization or enjoyment of the Service, or which, as determined by us, may harm or offend Protoshot or users of the Service or expose them to liability.

Additionally, you consent not to:

Utilize the Service in any manner that could impair, overload, damage, or hamper the Service or interfere with any other party’s utilization of the Service, including their ability to engage in real-time activities through the Service.

Utilize any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

Utilize any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.

Utilize any device, software, or routine that interferes with the proper functioning of the Service.

Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

Take any action that may damage or falsify Protoshot’s rating.

Otherwise endeavor to interfere with the proper functioning of the Service.

Analytics

We may utilize third-party Service Providers to monitor and analyze the utilization of our Service.

Google Analytics

Google Analytics is a web analytics service provided by Google that tracks and reports website traffic. Google employs the data collected to track and monitor the utilization of our Service. This data is shared with other Google services. Google may utilize the collected data to contextualize and personalize ads within its advertising network.

For further information regarding Google’s privacy practices, please consult the Google Privacy Terms webpage: https://policies.google.com/privacy?hl=en

We also encourage you to peruse Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

Non-Utilization by Minors

The Service is exclusively intended for access and utilization by individuals aged at least eighteen (18) years. By accessing or utilizing any aspect of the Service, you guarantee and affirm that you are at least eighteen (18) years old and possess the complete authority, right, and capacity to enter into this agreement and adhere to all of the terms and conditions outlined in these Terms. If you are below the age of eighteen (18) years, you are barred from both accessing and utilizing the Service.

Accounts

Upon creating an account with us, you warrant that you are above the age of 18 and that the information you furnish to us is accurate, complete, and up-to-date at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, restricting access to your computer and/or account. You consent to assume responsibility for any and all activities or actions that occur under your account and/or password, irrespective of whether your password is affiliated with our Service or a third-party service. You must promptly notify us upon becoming aware of any breach of security or unauthorized use of your account.

You may not utilize as a username the name of another person or entity or a name or trademark that is not lawfully available for use, without appropriate authorization. You may not utilize as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Protoshot and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be utilized in connection with any product or service without the prior written consent of Protoshot.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to poll@protoshot.com, with the subject line: “Copyright Infringement,” and include in your claim a detailed description of the alleged Infringement, as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims regarding the infringement of any Content found on or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at poll@protoshot.com.

Error Reporting and Feedback

You may provide us directly at poll@protoshot.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy

, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Protoshot.

Protoshot has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Protoshot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

Disclaimer Of Warranty

THE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Lithuania, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

Amendments To Terms

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Waiver And Severability

No waiver by Protoshot of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Protoshot to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Acknowledgment

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

Please send your feedback, comments, requests for technical support by email: poll@protoshot.com.