INTRO
Autopay Pro Technology Services LLC, the owner and operator of [www.autopaypro.com] (the “Site”), is referred to as “Site Operator,” “we,” and “us” in these Autopay Pro Terms and Conditions (“Terms”). These Terms apply to the User (“you”) as a user of the Site and Autopay Pro front-end, which provides products, services, tools, and information. The Site Operator and the Site do not act as agents or intermediaries for the User and have no access to or control over any tokens, private keys, passwords, accounts, or other User property. Furthermore, the Site Operator and Site cannot perform transactions or send transaction messages on behalf of the User.
By using the Site, you agree to be bound by these Terms, and it is imperative that you read them carefully before accessing or using the Site. These Terms apply to any individuals accessing the Site. If you do not accept these Terms, do not proceed with accessing or using the Site. By continuing to use the Site, you confirm that you have read and understood these Terms.
These Terms require the use of individual arbitration and class action/jury trial waiver provisions to resolve disputes rather than class actions or jury trials.
Before using the Site, you must be able to form a legally binding contract online as an individual or on behalf of a legal entity. You verify that if you agree to these Terms on behalf of a legal entity, you have the legal authority to bind the respective company or legal entity. Additionally, you must be at least 18 years old or of the age of majority where you reside, whichever is older, capable of forming a legally binding contract online and possess the full right, power, and authority to enter into and comply with the obligations set in these Terms.
As a User, you are advised to periodically revisit these Terms to keep abreast of any updates. We reserve the right to make changes to these terms of service at our discretion and such updates will be effective immediately upon posting. By continuing to use the Site, you agree to be bound by any changes, variations, or modifications made to our terms of service.
SITE
a. The Site collects and shares publicly available third-party information about Autopay Pro Protocol and related transaction records on Autopay.
b. The Site offers interaction methods for Users to perform transactions using or in connect with Autopay Pro Protocol. The Site also generates a draft transaction message for independent use in third-party wallet applications or devices to conduct transactions on Autopay.
c. The usage of the Site and all its content is subject to the Terms. Each User agrees to assume the risks mentioned herein when interacting with the Site. We have no control over any transactions on Autopay Pro Protocol and disclaim any responsibility for payment or any actual transactions. The Site is free of charge, but third-party transaction fees may apply to the use of Autopay Pro Protocol and use of Autopay. The Site Operator doesn’t receive such fees and isn’t responsible for any refunds or reversals of payments made in error.
PROTOCOL
Autopay Pro Protocol:
The Autopay Pro Protocol serves as a transaction verification protocol. The software facilitates a user to designate a digital wallet address and verify a transaction with a specific balance that was sent to, or received from, that designated address. Users may record Autopay Pro Protocol’s results through a third-party Autopay wallet application, Autopay validator, or an Autopay-compatible third-party device. Token transactions on Autopay can thus be effectuated in adherence to user instructions.
As per the definition, Autopay means ‘mainnet beta’, the canonical blockchain of the Autopay blockchain that, at any given time, is recognized by at least a majority of Autopay validators being operated in good faith in the regular course of the network.
ACESS TO THE SITE
a. The Site is made available on “as is” and “as available” basis only. We do not provide any guarantee that the Site or any content on it will be available or uninterrupted at all times. Access may be disrupted due to malfunctions, errors, or unforeseen circumstances or other necessary maintenance activities.
b. We reserve the right to restrict or cancel access to the Site for any person, geography, or jurisdiction as we deem appropriate, and at any time and in our sole discretion.
c. The suspension or revocation of your access to the Site is within our rights if we deem it reasonable, such as for the breach of these Terms.
d. The content of the Site is subject to change or alteration at any time without prior notice, although some content may be outdated, and we are under no obligation to update such content. We do not guarantee that the content on the Site will be error-free or omission-free.
e. You absolve us of any responsibility for any loss or damage you may suffer resulting from any unavailability of the Site.
f. We do not have any obligation to ensure that the Site contains complete and accurate information on the Autopay Pro Protocol or any other subject matter.
g. Compliance with all relevant domestic and international laws, legislation, regulations, and ordinances relating to your use of the Site is your duty.
h. Accessing or using the Site is subject to you complying with these Terms and the following additional terms:
1- Using the Site in conformity with the law and these Terms;
2-Verifying that all information provided on the Site is up-to-date, complete, and correct;
3-Ensuring the security and confidentiality of your access to your cryptocurrency wallet addresses, including, but not limited to, exchange and wallet application login information, passwords, and private keys;
i. Not accessing or using the Site if you violate applicable laws or regulations, such as anti-money laundering and anti-terrorist financing laws, as well as updated privacy and data collection laws.
1- You may not act on behalf of any person identified on any list of prohibited parties under any law, including that of any nation, government, state or political subdivision that exercises legislative, judicial, or administrative functions such as sanctions lists maintained by the United Nations Security Council, the European Union (EU), or its member states, and the government of a user’s home country. User must not be, and if it is an entity, it must not be owned or controlled by any other prohibited person.
2- You may not act on behalf of any person located, ordinarily resident, organized, established, or domiciled in Iran, Cuba, North Korea, Sudan, Syria, the Crimea region, or any other jurisdiction against which the U.S. maintains economic sanctions or an arms embargo.
3- Any use of the Site for any unlawful purpose is strictly prohibited.
4- You may not violate applicable export laws or regulations by exporting, reexporting, or transferring the Site or its contents, either directly or indirectly.
5- Any infringement on a contract, intellectual property, or any third-party right, or committing a tort while using the Site is strictly prohibited.
6- You may not misrepresent the truthfulness, sourcing, or reliability of any content on the Site.
7- Circumventing our content filtering techniques or security measures employed on the Site or attempting to access any unauthorized service or area of the Site is strictly prohibited.
8- You may not use any robot, spider, crawler, scraper, or other automated means or interface to access the Site and extract data.
9- Any introduction of malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism, or any other harmful material into the Site is strictly prohibited.
10- You may not post defamatory, abusive, harassing, hateful, discriminatory, fraudulent, or deceptive content or communicative messages of any kind on the Site, as determined at our sole discretion.
11- Unsolicited promotions, commercial messaging, chain messages, or user content designed to deceive or trick the user of the Site are strictly prohibited.
12- Prohibitions. You are prohibited from encouraging or inducing any third party to engage in any activity that contravenes these Terms.
j. Acknowledgement of Risk.
You acknowledge that using the Site and its associated Autopay Pro Protocol involves certain risks that you assume at your sole and exclusive risk and liability. Autopay Pro Technologies Services and its affiliates are not a party to those transactions or interactions with any other protocols. Therefore, you expressly agree to the following:
1- You assume all risks emanating from accessing and using the Site and the Autopay Pro Protocol.
2- You explicitly waive and discharge Autopay Pro Technologies Services and its affiliates from any liability, claim, legal action, or damages arising from or somehow related to your use of the Site or the Autopay Pro Protocol.
3RD PARTY LINKS
The Site may contain hyperlinks or references to third-party websites for informational purposes solely. We have no control over these websites and cannot be held legally responsible for their content, material, or information. The display of any hyperlink or reference does not serve as our endorsement of third-party websites, products, or services. Users should be aware of the terms and conditions of each third-party site they visit, and their use of such a site is governed by those terms. The Site may include references, links, referrals, or connections to third-party resources, programs, products, services, content, or promotions that are not owned, controlled, sponsored, or operated by Site Operator. Users who access these resources, products, services, content, or promotions do so at their own risk and should be aware that Site Operator does not endorse or assume responsibility for the activities, services, content, resources, products, or promotions offered by third parties. From this point onwards, each User hereby waives and releases Site Operator from any liability that arises from using third-party resources, products, services, content or promotions. Site Operator has no direct or indirect responsibility for any damage or loss caused, or alleged to be caused, by reliance on these resources, products, services, content or promotions offered by third parties.
DISCLAIMERS
a. The Site’s security and virus-free status cannot be guaranteed.
b. Users bear responsibility for ensuring the suitability of their information technology and computer programs for Site access, including their virus protection software.
c. The Site and any content from it may possibly infringe third-party rights without any warranties of non-infringement by us.
d. The Site’s content and materials are purely informational and without financial or investment advice. They should not constitute a recommendation to engage in any activities or transactions. Independent professional advice is recommended for financial and technological decision making.
e. No part of the Site provides investment services or recommendations to anyone in any jurisdiction.
f. References to prior information on the Site may no longer be current or reliable, as markets and situations are subject to constant changes.
g. The Site may feature experimental cryptographic technologies and blockchain-based technologies like smart contracts, cryptocurrencies, stable coins, or P2P systems in partnership with third-party groups. Each User acknowledges the novelty, speculation, and risks surrounding these technologies and that regulatory uncertainty is a possibility.
ARBITRATION, WAIVER OF JURY TRIAL
a. All disputes, either arising directly or indirectly from these Terms, or relating to the transactions or matters mentioned herein, including any claim alleging that any part of these Terms is void, unenforceable, or invalid, will be resolved through confidential, binding arbitration in Delaware by one arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”). The appointed arbitrator shall use the procedures contained in the Rules, and their ruling shall be final and binding between both parties. No party shall be allowed to file a case regarding said matter in court, given that we have opted to resolve such disputes through arbitration. However, injunctions remain an enforceable remedy for any breaches of this provision, with the parties hereby waiving a bond’s requirement to post as a pre-condition to the said injunctive relief or specific performance.
b. Jury Trial Waiver. The parties acknowledge and agree that they understand: (i) arbitration doesn’t involve a judge or jury, and without this mandatory provision in place, parties would have the right to sue and have a jury trial to resolve Disputes; (ii) arbitration costs may exceed litigation costs in some cases; (iii) parties’ discovery and procedural rights may be limited in arbitration proceedings compared to pretrial and trial proceedings in court; and (iv) after arbitration, court review of an arbitrator’s award is limited. Each party explicitly waives the right to trial by jury in any legal proceeding, including arbitration concerning these Terms or transactions covered by these Terms.
c. Confidentiality of Arbitration Proceedings. The parties agree to keep the existence, events, submissions, correspondence, and evidence of arbitration confidential, except as necessary to enforce their respective rights under these Terms or as required by law. This confidentiality provision will remain in effect after the arbitration proceedings are over.
d. Court Jurisdiction. If any court has to decide on the enforceability of Section b or enforce an arbitrator’s judgment, the User (A) waives any objection or defense to personal jurisdiction of the federal or state courts located in Wilmington, Delaware, (B) agrees to file any suit, action, or proceeding brought against this instrument or its subject matter in the federal or state courts located in Wilmington, Delaware, and (C) waives all defenses, including but not limited to a claim that the assigned court lacks personal jurisdiction, that its property is exempt or immune from attachment or execution, that the suit, action, or proceeding arises in an inconvenient forum, or that the venue of the suit, action, or proceeding is improper.
e. All users must agree that any arbitration or other permitted actions concerning any dispute shall only be conducted in their individual capacity. Filing a class action or seeking relief on a class basis is expressly forbidden. Claims against Site Operator can only be brought by individual users. Any proposed class or representative proceeding by users is prohibited.
f. In the event that a final, binding, and non-appealable determination is made by either a court or arbitrator that the class action waiver stated in Section e is null and void for any reason or that an arbitration can proceed on a class basis, the dispute that would require arbitration on a class basis will not be subject to arbitration. The parties are to be deemed to have not agreed to arbitrate such a dispute. In such an occurrence, the parties must submit the dispute to the federal and state courts located in Wilmington, Delaware, and choose to accept service of process by mail. The parties hereby waive any and all jurisdictional and conventional venue defenses otherwise available with respect to the dispute.
g. In compliance with Cal. Civ. Code Sec. 1789.3, if a user is a California State resident, he or she has the right to file grievances and complaints regarding the Site with the California Department of Consumer Affairs, Consumer Information Division at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, either by phone at 800-952-5210 or email at [dca@dca.ca.gov].
GENERAL
a. The Site is provided “AS IS” and “AS AVAILABLE.” Site Operator hereby disclaims all express or implied information, statements, omissions, representations, and warranties, written or oral, equitable, legal, or statutory connected to the Site and other items outlined in the Terms. Site Operator denies all representations or warranties, including title, non-infringement, merchantability, usage, security, uptime, reliability, suitability, or fitness for any particular purpose, workmanship, or technical quality of any software used with regards to the Site. User accepts that any use of the Site is at one’s own risk.
b. Irrespective of any contrary provisions in the Site, these Terms or any other agreement or publication, Site Operator shall not be held liable to any individual based on contract, tort (including negligence), warranty, or otherwise for economic or other damages (including special, incidental, consequential, indirect, punitive, or exemplary damages), including any lost data, profits, savings, business, or other economic losses, whether or not Site Operator was advised, knew or should have known of such damages or the nature of the action or theory asserted.
c. Every User is bound to defend, indemnify, compensate, reimburse and preserve the Site Operator and its officers, directors, members, employees, agents, and affiliates from any lawsuits, claims, demands, damage, loss, cost or expense (including reasonable attorneys’ fees) related to User’s use of the Site or violations of these Terms or any Site Operator policy or contract. Any provisions in these Terms that limit Site Operator’s obligations or liabilities will also apply, mutatis mutandis, to officers, directors, members, employees, independent contractors, agents, stockholders, debtholders, and affiliates of Site Operator.
d. We reserve the right to delegate our obligations and exercise our rights under these Terms to a third-party. We may transfer any or all of our obligations and rights under these Terms to any third-party.
e. We retain the right to cooperate in all times with governmental or law enforcement investigations or to disclose any information which we consider necessary in order to fulfill any applicable legal obligations or regulations, legal processes or governmental requests, or to modify, reject or eliminate any of the information or materials, either wholly or partly, based on any applicable legal obligation, regulation, legal process or governmental request, in our sole discretion.
f. Should any clause or part of any clause in these Terms be considered void, unenforceable or invalid, it will be deemed separated from these Terms, leaving the remaining provisions in full force and effect, providing that the basic nature of these Terms is not changed.
g. Failure to exercise in part, once, or delayed exercise of any of our rights, powers, or remedies shall not waive, impair, or prevent any further exercises of such right, power, or remedy made by us under these terms and conditions, or otherwise.
h. If any provisions in these Terms are discovered to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue to have full force and effect.
i. All disclaimers, indemnities, and exclusions in these Terms shall survive the Terms’ termination and will continue to apply during suspension, or any period the Site is unavailable for use.
j. These Terms and the referenced documents embody the entire agreement between us regarding your use of the Site and the services provided on the Site, and shall override any previous or current representation, communication, or agreement between us, whether written or oral.
