TERMS OF SERVICE

Terms of Service

Effective Date: December 20, 2025

Last Updated: December 20, 2025

1. Agreement to Terms

Welcome to Proofmi! These Terms of Service ("Terms") govern your access to and use of the Proofmi mobile application and website at proofmi.xyz (collectively, the "Service"), operated by Proofmi ("Company," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Important: Please also review our Privacy Policy, which describes how we collect, use, and protect your personal information.

1.1 App Store Terms

If you download or access the Service through Apple App Store, Google Play Store, or any other application distribution platform ("App Store"), you also agree to comply with their terms of service. This includes:

  • Apple's App Store Terms of Service and Licensed Application End User License Agreement
  • Google Play Terms of Service
  • Any other applicable App Store terms

In case of conflict between these Terms and App Store terms, the more restrictive terms apply. The App Store provider is not responsible for the Service and has no obligation to provide maintenance, support, or warranty.

1.2 Binding Agreement

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. This creates a legally binding contract between you and Proofmi. If you do not agree, do not use the Service.

2. Eligibility

Age Requirement: You must be at least 13 years old to use the Service. We do not knowingly collect personal information from children under 13.

COPPA COMPLIANCE: If you are under 13, you are PROHIBITED from using the Service. If we discover a user is under 13, we will immediately delete their account and data.

Parental Consent (Ages 13-17): If you are 13-17 years old, you represent that you have obtained permission from your parent or legal guardian to use the Service. Parents/guardians are responsible for monitoring minors' use and agree to be bound by these Terms on behalf of their minor child.

Parental Controls: Parents/guardians may request deletion of a minor's account by emailing support@proofmi.xyz with proof of guardianship.

By using the Service, you represent and warrant that you meet all eligibility requirements and have the legal capacity to enter into these Terms.

3. Account Registration

To use certain features of the Service, you must create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate and complete
  • Maintain the security of your account credentials
  • Not share your account with others or allow others to access your account
  • Notify us immediately of any unauthorized use of your account

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. The Service

Proofmi is a photo authenticity platform that enables users to capture, verify, and share photos with cryptographic proof of when, where, and by whom they were taken.

4.1 Core Features

  • Photo Capture: Take photos with embedded metadata including timestamp and location
  • Verification: Photos are cryptographically signed to prove authenticity
  • Sharing: Share verified photos with others on the platform
  • Social Features: Follow users, like and comment on photos

4.2 Service Availability

We strive to provide reliable service, but we do not guarantee that the Service will be available at all times or without interruption. We may modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice.

4.3 SERVICE MODIFICATIONS AND CHANGES

STARTUP NOTICE: Proofmi is an evolving service. We reserve the absolute right to:

  • Add, modify, or remove features at any time without notice
  • Change the user interface, functionality, or user experience without prior approval
  • Modify data formats, APIs, or technical specifications without backward compatibility
  • Delete, migrate, or restructure user data during service updates or improvements
  • Change verification methods, algorithms, or metadata handling
  • Limit, restrict, or remove access to certain features for any reason
  • Introduce, modify, or remove pricing (with notice for paid features)

NO LIABILITY FOR CHANGES: We are not liable for any modifications, suspensions, or discontinuations of the Service or any features thereof. You agree that we have no obligation to maintain, support, or provide any specific features, and that we may alter the Service in ways that affect your use.

4.4 Beta and Experimental Features

We may offer features labeled as "beta," "experimental," "alpha," or "preview" ("Beta Features"). Beta Features are provided AS-IS and may:

  • Contain errors, bugs, or cause unexpected behavior
  • Be modified or discontinued without notice
  • Have reduced performance, availability, or reliability
  • Result in data loss or corruption
  • Not be covered by any service level agreements

Use Beta Features at your own risk. We disclaim all warranties for Beta Features and are not liable for any damages arising from their use.

4.5 Service Discontinuation

We may discontinue the Service entirely at any time for any reason, including but not limited to:

  • Business decisions, pivots, or strategic changes
  • Financial constraints or funding limitations
  • Regulatory requirements or legal obligations
  • Technical infrastructure changes
  • Acquisition, merger, or sale of the company

We will make reasonable efforts to provide 30 days notice before discontinuation and allow you to download your data. However, we do not guarantee any notice period and shall not be liable for discontinuation of the Service.

5. User Content

5.1 Your Content and License Grant

You retain ownership of the photos and content you upload to the Service ("User Content"). By uploading User Content, you grant Proofmi a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, copy, reproduce, modify, adapt, create derivative works from, publicly display, publicly perform, and distribute your User Content for the purpose of operating and providing the Service.

Purpose: This license allows us to store and display your content, share it with users you authorize, create thumbnails and compressed versions, sublicense to our service providers (e.g., cloud storage, CDNs), and analyze content for moderation and service improvement.

Duration: This license ends when you delete your User Content or account, EXCEPT: (i) content shared by others (re-shares, screenshots) remains subject to their rights; (ii) cached/backup copies may persist for up to 90 days; (iii) we may retain data as required by law.

Your Representations: You represent that you own or have the necessary rights to grant this license, your User Content does not violate any third-party rights, and you have obtained all necessary consents from individuals appearing in your content.

5.2 Content Restrictions

You agree NOT to upload, post, or share any content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene
  • Infringes on the intellectual property rights of others
  • Contains nudity, sexually explicit material, or pornography
  • Promotes violence, discrimination, or hatred against any individual or group
  • Contains malware, viruses, or other harmful code
  • Impersonates another person or misrepresents your identity
  • Violates the privacy of others without their consent
  • Is spam, advertising, or commercial solicitation
  • Violates any applicable law or regulation

5.3 Content Moderation

We reserve the right to review, remove, or disable access to any User Content at our sole discretion, without notice, for any reason, including content that we believe violates these Terms or is otherwise objectionable.

5.4 Biometric Data and Facial Features

Current Practices: Proofmi does NOT currently collect, store, or process biometric identifiers or biometric information (such as facial recognition data, fingerprints, or retina scans). Photos you upload may contain faces or other identifying features, but we do not extract, analyze, or create templates from such features for identification purposes.

Future Changes: If we introduce features involving biometric data processing (e.g., face filters, facial recognition), we will provide clear notice and obtain your consent as required by applicable law.

Your Responsibility: You are responsible for obtaining consent from individuals appearing in your photos before uploading content containing their likeness. State laws including Illinois BIPA, Texas CUBI, and Washington law may impose additional requirements on biometric data.

6. Acceptable Use

When using the Service, you agree NOT to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Harass, bully, or intimidate other users
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Use automated means (bots, scrapers, etc.) to access the Service without permission
  • Circumvent any security or access controls
  • Collect or harvest user information without consent
  • Use the Service to send spam or unsolicited messages
  • Manipulate or forge metadata or authenticity information
  • Create multiple accounts to evade bans or restrictions

6.1 Scraping and Automated Access Prohibition

You are expressly prohibited from using any robot, spider, scraper, crawler, or other automated means to access, collect, copy, or monitor any portion of the Service or any content, data, or information contained therein without our prior written consent. This includes but is not limited to:

  • Automated collection or downloading of photos, user profiles, or metadata
  • Data mining, data harvesting, or data extraction
  • Using the Service to train machine learning or artificial intelligence models
  • Systematic downloading or copying of Service content
  • Creating derivative databases from Service content

LIQUIDATED DAMAGES: You agree that accessing more than 1,000 photos, user profiles, or other Service content items in any 24-hour period through automated means (without authorization) will incur liquidated damages of $5,000 USD per 1,000 items accessed or fraction thereof. You acknowledge that actual damages from such conduct would be difficult to calculate and that this amount represents a reasonable estimate of such damages.

6.2 PROHIBITION ON STALKING, HARASSMENT, AND MISUSE

ZERO TOLERANCE POLICY: The following activities are STRICTLY PROHIBITED and may result in immediate account termination, permanent ban, and referral to law enforcement:

  • Stalking: Using location data, photos, or any Service features to track, monitor, surveil, or follow any person without their knowledge and consent
  • Domestic Abuse: Using the Service to monitor, control, intimidate, or harass current or former intimate partners, family members, or household members
  • Child Safety Violations: Using location data to track, locate, or contact minors without proper parental/guardian authority
  • Doxxing: Publishing or sharing others' location data, personal information, or photos to harass, threaten, or enable harassment
  • Coordinated Harassment: Organizing or participating in targeted harassment campaigns using Service data

LAW ENFORCEMENT COOPERATION: We will fully cooperate with law enforcement investigations regarding stalking, harassment, domestic violence, or child safety concerns. We may proactively report suspected criminal activity to authorities.

NO LIABILITY: While we prohibit these activities, we cannot prevent all misuse. WE ARE NOT LIABLE FOR THE ACTIONS OF USERS WHO MISUSE THE SERVICE. Users who share location data do so at their own risk. If you are a victim of stalking or domestic violence, please contact local law enforcement immediately.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its design, features, functionality, and content (excluding User Content), is owned by Proofmi and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

7.2 Trademarks

"Proofmi" and our logo are trademarks of Proofmi. You may not use our trademarks without our prior written permission.

7.3 Copyright Infringement (DMCA)

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on Proofmi infringes your copyright, send a DMCA notice to our designated agent with ALL of the following:

  • Physical or electronic signature of the copyright owner or authorized agent
  • Identification of the copyrighted work claimed to be infringed
  • Identification of the infringing material and information sufficient to locate it (URL, username)
  • Your contact information (name, address, phone, email)
  • A statement that you have a good faith belief the use is not authorized
  • A statement under penalty of perjury that the information is accurate and you are authorized to act

Designated DMCA Agent:

Proofmi
DMCA Agent
Email: support@proofmi.xyz (Subject: "DMCA Notice")

Counter-Notification

If your content was removed and you believe it was a mistake or misidentification, you may send a counter-notification containing:

  • Your physical or electronic signature
  • Identification of the removed material and its former location
  • A statement under penalty of perjury that removal was a mistake or misidentification
  • Your name, address, phone, and consent to federal district court jurisdiction

Repeat Infringer Policy

Accounts with multiple copyright violations will be terminated. We may also terminate accounts of users who are found to have repeatedly infringed copyrights of third parties.

8. Privacy and Data

8.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you agree to our collection and use of information as described in our Privacy Policy.

8.2 Law Enforcement and Legal Requests

We may access, preserve, and disclose your information (including User Content, location data, and account information) to government entities, law enforcement, or third parties if we believe in good faith that such disclosure is:

  • Required by law, legal process, court order, subpoena, or governmental request
  • Necessary to enforce these Terms or investigate violations
  • Necessary to detect, prevent, or address fraud, security, or technical issues
  • Necessary to protect the rights, property, or safety of Proofmi, our users, or the public

Where legally permitted, we will attempt to notify users before disclosing their information unless: (i) notice is prohibited by law, (ii) we believe notice could create risk of harm, or (iii) the request involves imminent danger, child exploitation, or terrorism.

8.3 International Users and Data Protection Rights

EU/UK/EEA Users: If you are in the European Union, United Kingdom, or European Economic Area, you have rights under GDPR including:

  • Right to Access: Request a copy of your personal data
  • Right to Rectification: Correct inaccurate personal data
  • Right to Erasure: Request deletion of your personal data ("right to be forgotten")
  • Right to Data Portability: Receive your data in a machine-readable format
  • Right to Restrict Processing: Limit how we use your data
  • Right to Object: Object to processing based on legitimate interests
  • Right to Withdraw Consent: Withdraw consent at any time

To exercise these rights, email support@proofmi.xyz with subject "GDPR Request". We will respond within 30 days.

California Users (CCPA/CPRA): California residents have similar rights under the California Consumer Privacy Act. See our Privacy Policy for details.

8.4 Data Portability

You may request a copy of your User Content and account data in a machine-readable format. To request your data, go to Settings > Privacy > Download My Data or email support@proofmi.xyz. We will provide a download link within 30 days.

8.5 Electronic Communications Consent

By creating an account, you consent to receive electronic communications from us, including:

  • Push notifications on your mobile device
  • Emails regarding your account, security, and service updates
  • In-app messages and notifications
  • SMS/text messages if you provide a phone number (message and data rates may apply)

You may opt out of non-essential communications through app settings or by following unsubscribe instructions in emails. We may still send essential communications regarding your account, security alerts, and legal notices.

8.6 State and Regional Privacy Laws

In addition to GDPR and CCPA, residents of certain states and regions may have additional privacy rights under their local laws, including but not limited to:

  • Virginia Consumer Data Protection Act (VCDPA)
  • Colorado Privacy Act (CPA)
  • Connecticut Data Privacy Act (CTDPA)
  • Utah Consumer Privacy Act (UCPA)
  • Texas Data Privacy and Security Act (TDPSA)
  • Oregon Consumer Privacy Act (OCPA)
  • Delaware Personal Data Privacy Act
  • Other state privacy laws as enacted

If you are a resident of a state with applicable privacy laws, you may exercise your rights by contacting us at support@proofmi.xyz. We will respond in accordance with applicable law. We do not discriminate against users who exercise their privacy rights.

9. Disclaimers

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Guarantee of Accuracy

While we strive to provide accurate verification of photo metadata, we do not guarantee the accuracy, completeness, or reliability of any information or verification results. The verification is based on data provided by your device and may be affected by device settings, GPS accuracy, or other factors beyond our control.

9.3 Third-Party Content and Services

We are not responsible for User Content or any third-party content, products, or services available through or linked from the Service. Your access to and use of third-party websites, services, or content is AT YOUR OWN RISK. Third-party services may have their own terms, privacy policies, and practices that are not controlled by us. We make no representations or warranties regarding the availability, accuracy, or security of third-party services, and we expressly disclaim all liability for any loss or damage arising from your use of such services.

9.4 Photo Verification Limitations

IMPORTANT: While our cryptographic verification technology provides strong evidence of photo authenticity, timing, and location, THE ACCURACY OF METADATA DEPENDS ON FACTORS OUTSIDE OUR CONTROL, including but not limited to:

  • GPS Accuracy: Device GPS is typically accurate within 5-50 meters depending on environmental conditions, signal strength, and device hardware
  • Timestamp Accuracy: Depends on your device's clock settings, time zone configuration, and synchronization with network time
  • Device Integrity: Verification relies on device operating system security features and may be affected by modified or compromised devices
  • Network Conditions: Connectivity issues may affect data synchronization and verification processing

9.5 No Guarantee of Verification Results

WE DO NOT GUARANTEE THE ABSOLUTE ACCURACY OF VERIFICATION RESULTS. Proofmi verification should not be solely relied upon for legal, evidentiary, or other critical purposes without independent verification. The Service provides cryptographic evidence of photo capture circumstances but does not constitute legal proof or certification of any particular fact or event.

9.6 No AI or Automated Decision-Making Guarantee

Any automated processing, including verification algorithms, content analysis, or metadata extraction, is provided for informational purposes only. We make no representations regarding the accuracy, completeness, or reliability of automated outputs, and such outputs should not be used as the sole basis for important decisions.

9.7 LOCATION DATA RISKS - IMPORTANT WARNING

⚠️ CRITICAL: Proofmi embeds GPS coordinates in your photos. Sharing photos publicly or with others REVEALS YOUR PRECISE LOCATION (accurate to 5-50 meters).

Risks You Accept:

  • Stalking/Harassment: Others may track your movements, home, or workplace
  • Physical Safety: Revealing location could endanger you or others
  • Privacy Loss: Location patterns may be inferred from multiple posts
  • Permanent Disclosure: Recipients may save location data even if you delete photos

Your Responsibilities:

  • NEVER share photos from locations you wish to keep private
  • Disable location services if you don't want GPS coordinates embedded
  • Review location data before sharing
  • Obtain consent before sharing photos revealing others' locations (especially minors)

SAFETY CONCERNS: If you are fleeing abuse or have safety concerns, DO NOT use location-enabled features. We are not responsible for how others use location data you share.

9.8 DATA SECURITY AND BREACH DISCLAIMER

NO SECURITY GUARANTEE: While we implement reasonable security measures, NO SYSTEM IS 100% SECURE. We do not warrant or guarantee that the Service will be secure, that your data will be protected from unauthorized access, or that security breaches will not occur.

BREACH ACKNOWLEDGMENT: You acknowledge and accept that:

  • Security breaches, hacking, and unauthorized access may occur despite our best efforts
  • Your personal data, photos, location data, and account information could be exposed in a breach
  • Third-party attackers, not Proofmi, are responsible for malicious security incidents
  • We may not detect breaches immediately and notification may be delayed
  • Data transmitted over the internet is inherently insecure

LIMITATION OF LIABILITY FOR BREACHES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROOFMI SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, DISCLOSURE OF, LOSS OF, OR THEFT OF YOUR DATA RESULTING FROM SECURITY BREACHES, HACKING, CYBERATTACKS, OR OTHER SECURITY INCIDENTS, REGARDLESS OF WHETHER SUCH INCIDENTS RESULT FROM OUR NEGLIGENCE OR THE ACTS OF THIRD PARTIES.

YOUR SECURITY RESPONSIBILITY: You are responsible for maintaining the security of your account credentials, device, and network. We are not liable for breaches caused by your failure to protect your password, use of insecure networks, or compromised devices.

9.9 DATA LOSS AND NO BACKUP GUARANTEE

NO BACKUP GUARANTEE: WE DO NOT GUARANTEE THAT YOUR DATA WILL BE PRESERVED, BACKED UP, OR RECOVERABLE. Data may be lost, corrupted, or deleted due to:

  • Technical failures, software bugs, or system errors
  • Hardware malfunctions or infrastructure failures
  • Service provider outages (cloud storage, databases)
  • Cyberattacks, ransomware, or malicious actions
  • Human error during maintenance or updates
  • Natural disasters affecting data centers
  • Service discontinuation or company closure

YOUR BACKUP RESPONSIBILITY: YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF ANY DATA, PHOTOS, OR CONTENT YOU UPLOAD TO THE SERVICE. We strongly recommend keeping local copies of all important photos and data.

NO LIABILITY FOR DATA LOSS: WE SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, OR DELETION OF YOUR DATA, PHOTOS, METADATA, ACCOUNT INFORMATION, OR ANY OTHER CONTENT, REGARDLESS OF THE CAUSE. This includes losses resulting from our negligence, system failures, or third-party actions.

9.10 ASSUMPTION OF RISK

BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • You use the Service entirely AT YOUR OWN RISK
  • You are solely responsible for your use of the Service and any consequences thereof
  • You understand the risks of sharing photos, location data, and personal information online
  • You assume all risks related to data breaches, hacking, and unauthorized access
  • You assume all risks related to data loss, service interruptions, and feature changes
  • You assume all risks related to interactions with other users
  • The Service is provided by an early-stage startup with limited resources
  • Features, availability, and data may change or be lost without notice

YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH YOUR USE OF THE SERVICE.

9.11 RELEASE OF CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE PROOFMI, ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, OR EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO:

  • Your use of or inability to use the Service
  • Any data breaches, security incidents, or unauthorized access
  • Any loss, corruption, or deletion of your data
  • Any service interruptions, modifications, or discontinuations
  • Any disputes with other users of the Service
  • Any errors in verification, metadata, or photo authenticity
  • Any use of your location data by you or others
  • Any content posted by you or other users

CALIFORNIA CIVIL CODE SECTION 1542 WAIVER: If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

YOU UNDERSTAND THAT THIS IS A RELEASE OF UNKNOWN AS WELL AS KNOWN CLAIMS.

9.12 USER-TO-USER DISPUTES

You are solely responsible for your interactions with other users. We are not responsible for the conduct, actions, or content of any user. You agree that:

  • We are not a party to any disputes between users
  • We have no obligation to mediate, resolve, or intervene in user disputes
  • We are not liable for any harm arising from user interactions
  • You release us from all claims arising from disputes with other users

If you have a dispute with another user, you must resolve it directly with that user and agree to release Proofmi from any claims, demands, and damages arising from such dispute.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROOFMI AND ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, business, or anticipated savings
  • Loss of data, photos, content, or metadata
  • Loss of use, goodwill, or reputation
  • Cost of procurement of substitute services
  • Personal injury or emotional distress
  • Any damages arising from data breaches or security incidents
  • Any damages arising from service interruptions or discontinuations
  • Any other intangible losses

This applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

10.2 Liability Cap

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100 USD).

10.3 Essential Basis of Agreement

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND PROOFMI, AND THAT PROOFMI WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.

10.4 Startup Acknowledgment

You acknowledge that Proofmi is an early-stage startup with limited financial resources. The liability limitations herein reflect the allocation of risk between the parties and are a fundamental part of the consideration for providing you access to the Service at no or minimal cost.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Proofmi and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of another party

12. Termination

12.1 Account Deletion and Data Retention

You may delete your account at any time through Settings > Account > Delete Account or by emailing support@proofmi.xyz. Upon deletion:

  • Your profile and User Content will be removed from public view within 30 days
  • We will delete your personal data within 90 days, except:
    • Data required for legal/regulatory compliance
    • Backup data (deleted within 180 days)
    • Anonymized/aggregated data (no longer identifies you)
    • Content re-shared by others (subject to their rights)

GDPR Users: EU/UK users may request immediate deletion. We will comply within 30 days unless legal exceptions apply. Download your data before deleting (see Section 8.4).

12.2 Termination by Us

We may suspend or terminate your access to the Service at any time, for any reason, including if we believe you have violated these Terms. We may also terminate the Service entirely at any time.

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. You remain liable for obligations incurred before termination. The following sections survive termination:

  • User Content License (Section 5.1)
  • Intellectual Property (Section 7)
  • Privacy (Section 8)
  • Disclaimers (Section 9)
  • Limitation of Liability (Section 10)
  • Indemnification (Section 11)
  • Governing Law and Disputes (Section 13)
  • Miscellaneous (Section 15)

13. Governing Law and Disputes

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Arbitration Agreement

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in San Francisco, California. You agree that any arbitration shall be conducted on an individual basis and not as a class action.

ARBITRATION OPT-OUT

YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY SENDING AN EMAIL TO support@proofmi.xyz WITH THE SUBJECT LINE "ARBITRATION OPT-OUT" WITHIN 30 DAYS OF FIRST ACCESSING OR USING THE SERVICE. Your opt-out notice must include your full legal name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, any disputes will be resolved in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

13.3 Class Action Waiver

YOU AND PROOFMI AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR PROOFMI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR PROOFMI ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. You further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of all parties.

13.4 Batched Arbitration

To efficiently resolve disputes, if 25 or more similar arbitration demands are filed against Proofmi within a 60-day period or with the assistance of the same or coordinated counsel or entities ("Mass Filing"), the following procedures shall apply:

  • Bellwether Process: The parties shall randomly select 10 arbitration demands to proceed first as bellwether cases. All other demands shall be stayed pending resolution of these bellwether cases.
  • Sequential Resolution: After the bellwether cases are resolved, the parties shall engage in mediation to resolve remaining claims. If mediation is unsuccessful, additional batches of 10 claims shall proceed sequentially.
  • Statute of Limitations Tolling: The statute of limitations and any filing fee deadlines shall be tolled for claims that are stayed pending the bellwether process.
  • No Prejudice: This batching process shall not prejudice any party's substantive rights or claims.

13.5 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

13.6 Injunctive Relief

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will:

  • Update the "Last Updated" date at the top
  • Notify you via email or through a notice in the app

Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Proofmi regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms to any affiliate, subsidiary, or successor in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We are not liable for any failure or delay in performing our obligations due to events beyond our reasonable control, including:

  • Natural disasters (earthquakes, floods, fires, pandemics)
  • War, terrorism, riots, civil unrest
  • Government actions, laws, or regulations
  • Internet or telecommunications failures
  • Cyberattacks, hacking, or denial-of-service attacks
  • Failures of third-party services (cloud providers, payment processors)

15.6 Export Controls

The Service may be subject to U.S. export control laws. You represent that you are not:

  • Located in, or a resident of, any country subject to U.S. embargo (Cuba, Iran, North Korea, Syria, or Crimea region)
  • Listed on any U.S. government denied-party list

You agree not to use the Service in violation of any export laws or regulations.

15.7 Accessibility

We strive to make the Service accessible to users with disabilities. However, we do not warrant or guarantee that the Service will be fully accessible to all users or compatible with all assistive technologies. If you encounter accessibility barriers, please contact support@proofmi.xyz.

15.8 No Third-Party Beneficiaries

These Terms are between you and Proofmi only. No third party has any rights under these Terms, except that App Store providers (Apple, Google) are third-party beneficiaries of these Terms and may enforce them against you.

15.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

15.10 Language

These Terms are written in English. Any translation is provided for convenience only. In case of conflict, the English version prevails.

16. Contact Us

If you have questions about these Terms, please contact us:

Proofmi

Email: support@proofmi.xyz

Summary of Key Points

This is a summary only. Please read the full Terms above for complete details.

  • Eligibility: You must be at least 13 years old (under 18 requires parental consent)
  • Your Content: You own your photos but grant us a license to operate the Service
  • Prohibited Content: No illegal, harmful, or inappropriate content
  • Scraping: Automated scraping incurs $5,000 liquidated damages per 1,000 items
  • Service Changes: We may modify, change, or discontinue features at any time
  • Data Security: We cannot guarantee security; you assume breach risks
  • Data Loss: We are not liable for data loss; maintain your own backups
  • Location Risks: Sharing photos reveals your precise location (5-50m accuracy)
  • Verification: Not guaranteed for legal/evidentiary purposes
  • No Warranties: Service provided "as is" without warranties
  • Liability Cap: Maximum liability is $100 or 12 months of fees paid
  • Assumption of Risk: You use the Service at your own risk
  • Release of Claims: You release us from claims related to the Service
  • Arbitration: Disputes resolved through arbitration (30-day opt-out available)
  • Class Action Waiver: No class action lawsuits permitted
  • Account Deletion: You can delete your account at any time