Procks

Procks Terms of Use (EULA) & Community Standards

IMPORTANT — PLEASE READ CAREFULLY. These Terms and Conditions contain a BINDING ARBITRATION AGREEMENT and CLASS ACTION WAIVER (Section 18) that affect your legal rights. By accessing or using the Procks application or related services, you agree to these Terms in full. If you do not agree, do not access or use the Service.

1. Acceptance of Terms

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (“you,” “User,” or “your”) and Procks LLC, a limited liability company (“Procks,” “Company,” “we,” “us,” or “our”), governing your access to and use of the Procks mobile application, any related websites, software, features, content, and services (collectively, the “Service”).

By downloading, installing, registering for, accessing, or using the Service, you represent and warrant that: (a) you have read, understood, and agree to be bound by these Terms; (b) you are of legal age to form a binding contract in your jurisdiction; (c) you are not barred from using the Service under applicable law; and (d) you will use the Service in compliance with these Terms and all applicable laws and regulations.

If you do not accept these Terms, you must not access or use the Service. We reserve the right, in our sole discretion, to modify, amend, or replace these Terms at any time. Your continued use of the Service following any changes constitutes your acceptance of the revised Terms.

2. Eligibility

The Service is intended solely for users who are at least eighteen (18) years of age, or the age of majority in their jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet this age requirement. The Service is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we become aware that a user is under the required age, we will terminate that user’s account and delete associated information.

You further represent and warrant that you (a) have not previously been suspended or removed from the Service; (b) are not a competitor of Procks and are not using the Service for purposes that compete with Procks; and (c) will provide accurate, current, and complete information when registering and using the Service.

3. Account Registration and Security

To use certain features of the Service, you may be required to create an account. You agree to: (a) provide true, accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your account credentials; (d) accept responsibility for all activities that occur under your account; and (e) immediately notify Procks of any unauthorized use of your account or any other breach of security.

Procks shall not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to suspend, deactivate, or terminate your account at our sole discretion, without notice and without liability, for any reason or no reason, including suspected violation of these Terms.

4. Description of the Service

Procks is a location-based social application that enables users to (a) share their geographic location with other users; (b) view other users in geographic proximity; (c) share information, content, and media with other users in proximity; and (d) send messages visible to other users in proximity (collectively, “User Content”).

YOU ACKNOWLEDGE AND AGREE THAT PROCKS DOES NOT MONITOR, REVIEW, SCREEN, FILTER, EDIT, OR PRE-APPROVE MESSAGES, INFORMATION, OR OTHER USER CONTENT EXCHANGED OR DISPLAYED THROUGH THE SERVICE. The Service is a passive conduit for User Content. We do not endorse, verify, or guarantee the accuracy, integrity, legality, or quality of any User Content, and we assume no responsibility or liability for User Content posted, transmitted, or otherwise made available through the Service.

We reserve the right (but have no obligation) to remove, modify, or restrict access to any User Content at any time, in our sole discretion, without notice and without liability.

5. Location Data and Privacy

THE SERVICE REQUIRES ACCESS TO YOUR PRECISE GEOGRAPHIC LOCATION TO FUNCTION. By using the Service, you expressly consent to the collection, use, processing, transmission, storage, and disclosure of your location data and other information as described in our Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge and agree that: (a) sharing location data inherently carries risks, including but not limited to identification of your home, workplace, routines, and physical whereabouts by other users and third parties; (b) other users may view, record, screenshot, or otherwise capture your location and any User Content you share; (c) once shared, location data and User Content may be impossible to fully retract or delete; and (d) you assume all risks associated with sharing your location and using the Service.

You may disable location sharing at any time through your device settings; however, doing so may render the Service inoperable or limit its functionality. Procks shall have no liability for any consequences arising from your decision to enable or disable location sharing.

6. User Content

6.1 Responsibility for User Content

You are solely and exclusively responsible for any User Content you create, post, transmit, share, or otherwise make available through the Service, including its legality, accuracy, reliability, appropriateness, and any consequences arising from it. Procks expressly disclaims any and all liability in connection with User Content.

6.2 License to Procks

By submitting User Content to the Service, you grant Procks a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, use, copy, reproduce, modify, adapt, translate, publish, transmit, distribute, publicly perform, publicly display, create derivative works from, and otherwise exploit such User Content in any and all media or distribution methods now known or later developed, for any purpose, including without limitation operating, promoting, and improving the Service. You waive any moral rights you may have in such User Content to the maximum extent permitted by law.

6.3 Representations and Warranties

You represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the license set forth above; (b) your User Content does not and will not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, or other rights; (c) your User Content complies with these Terms and all applicable laws; and (d) your User Content is not false, misleading, defamatory, fraudulent, threatening, harassing, abusive, hateful, obscene, or otherwise objectionable.

6.4 No Obligation to Monitor

Procks has no obligation to monitor User Content, the Service, or user conduct. We do not pre-screen, edit, or control User Content. You acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, harmful, harassing, deceptive, or otherwise objectionable, and you agree that Procks shall have no liability whatsoever for any such User Content. You expressly waive any legal or equitable right or remedy you may have against Procks with respect to User Content.

7. Prohibited Conduct

You agree not to engage, and not to permit any third party to engage, in any of the following prohibited activities:

8. Assumption of Risk — Interactions with Other Users

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE. You acknowledge and agree that Procks does not conduct background checks or identity verification on its users and does not vouch for, verify, or endorse any user. Procks makes no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of any user.

By using the Service, you acknowledge that meeting, communicating with, or sharing information with strangers carries inherent risks, including but not limited to risks of physical harm, financial loss, identity theft, fraud, harassment, stalking, sexual misconduct, and other criminal or harmful conduct. You voluntarily assume all such risks. You agree to take reasonable precautions in all communications and interactions with other users, particularly when meeting in person.

Procks expressly disclaims any and all liability for any act, omission, or conduct of any user of the Service or any third party, whether online or offline, including any harm, injury, loss, or damage you may suffer as a result of such interaction. Any disputes between users are solely between those users.

9. Intellectual Property Rights

The Service, including all software, code, designs, text, graphics, images, audio, video, trademarks, service marks, logos, and other content (excluding User Content), and all intellectual property rights therein, are owned by Procks or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, Procks grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial use. This license does not include any right to: (a) sell, resell, or commercially exploit the Service; (b) modify, copy, distribute, or create derivative works of the Service; (c) use any data mining, robots, or similar tools; or (d) frame or mirror any portion of the Service. All rights not expressly granted are reserved.

“Procks,” the Procks logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Procks LLC. You may not use such marks without our prior written permission.

Procks respects the intellectual property rights of others and expects users to do the same. If you believe that User Content on the Service infringes your copyright or other intellectual property rights, please send a written notice to our designated agent containing: (a) identification of the work claimed to be infringed; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights holder; and (f) your physical or electronic signature.

Notices should be sent to: support@procks.com. Procks reserves the right to remove allegedly infringing content and to terminate accounts of repeat infringers.

The Service may contain links to or integrate with third-party websites, applications, services, or content (“Third-Party Services”). Procks does not own, control, or operate Third-Party Services and is not responsible for their availability, accuracy, content, products, services, terms, or privacy practices. Your use of Third-Party Services is solely at your own risk and subject to the terms and policies of those third parties. Procks expressly disclaims all liability arising from or related to Third-Party Services.

12. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. To the maximum extent permitted by applicable law, Procks, its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers, and service providers (collectively, the “Procks Parties”) expressly disclaim all warranties, including but not limited to: warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, accuracy, completeness, reliability, security, freedom from defects or viruses, uninterrupted or error-free operation, and any warranties arising from course of dealing, usage, or trade practice.

Without limiting the foregoing, the Procks Parties make no warranty or representation that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) location data, User Content, or other information will be accurate, reliable, or complete; (d) defects will be corrected; or (e) the Service or its servers are free of viruses or other harmful components.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the foregoing disclaimers shall apply to the maximum extent permitted by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROCKS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, including without limitation damages for loss of profits, revenues, business, goodwill, use, data, or other intangible losses, personal injury, emotional distress, property damage, or any other loss or damage of any kind, arising out of or in connection with these Terms or the Service, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not Procks has been advised of the possibility of such damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PROCKS PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU HAVE PAID TO PROCKS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00).

The limitations set forth in this Section apply even if any limited remedy fails of its essential purpose. You acknowledge that the foregoing disclaimers and limitations are an essential basis of the bargain between you and Procks and that, absent these provisions, Procks would not provide the Service to you.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages; in such jurisdictions, the liability of the Procks Parties shall be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Procks Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with: (a) your access to or use of the Service; (b) your User Content; (c) your interactions with other users; (d) your violation of these Terms; (e) your violation of any law or third-party right, including any intellectual property, privacy, or publicity right; or (f) any harm caused to any other user or third party in connection with your use of the Service.

Procks reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Procks in asserting any available defenses. You shall not settle any matter without the prior written consent of Procks.

15. Termination

Procks may, in its sole discretion and without notice or liability, suspend, deactivate, restrict, or terminate your access to all or any part of the Service, with or without cause, at any time. Without limiting the foregoing, Procks may terminate your access for any violation of these Terms, fraudulent or unlawful conduct, or conduct that we believe is harmful to other users, third parties, or our business interests.

You may terminate your account at any time by following the deletion instructions in the Service or by contacting us. Upon termination, your right to use the Service ceases immediately. All provisions that by their nature should survive termination shall survive, including without limitation ownership and intellectual property provisions, warranty disclaimers, indemnities, limitations of liability, and dispute resolution provisions.

16. Changes to the Service and Terms

Procks reserves the right, in its sole discretion, to modify, suspend, or discontinue the Service (or any portion or feature thereof), temporarily or permanently, at any time, with or without notice. You agree that Procks shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may revise these Terms from time to time. The most current version will always be posted within the Service or on our website. If we make material changes, we will provide notice (by, for example, posting in the Service, sending an email, or other reasonable means). Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the revised Terms.

17. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Subject to the Arbitration Agreement in Section 18, you and Procks irrevocably submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, for any action not subject to arbitration, and you waive any objection to the laying of venue in such courts.

18. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH PROCKS THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

18.1 Agreement to Arbitrate

You and Procks agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and Procks (a “Dispute”) shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small-claims court if your claims qualify.

18.2 Arbitration Rules

The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be St. Louis, Missouri, unless you and Procks agree otherwise. The arbitrator’s award shall be final and binding, and judgment thereon may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

18.3 Class Action Waiver

YOU AND PROCKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the remainder of these Terms shall remain in full force and effect.

18.4 Opt-Out Right

You may opt out of this Arbitration Agreement by sending a written notice of your decision to opt out to support@procks.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

18.5 Exceptions

Notwithstanding the foregoing, either party may bring an action in court (a) to seek injunctive or other equitable relief to protect intellectual property rights or confidential information; or (b) for claims of intellectual property infringement.

19. Export Controls and Sanctions

You agree to comply with all applicable export and import control laws and regulations in your use of the Service. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions, and that you are not on any U.S. government list of prohibited or restricted parties.

20. Mobile Application and App Store Terms

If you access the Service via a mobile application obtained from a third-party app store (e.g., Apple App Store, Google Play), you acknowledge that these Terms are between you and Procks, not the app store provider, and Procks (not the app store) is solely responsible for the application. The app store provider has no obligation to provide maintenance or support, and is not responsible for addressing claims relating to the application. You agree to comply with the applicable app store’s terms of service. The app store providers are intended third-party beneficiaries of these Terms with respect to your license to use the application.

21. Notices

Notices to you may be made via the Service, by email to the address associated with your account, or by other reasonable means. Notices to Procks must be sent by email to support@procks.com. Notices are deemed given upon receipt.

22. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Procks regarding the Service and supersede all prior agreements, communications, and understandings, whether oral or written.

Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.

No Waiver. No failure or delay by Procks in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms freely, in whole or in part, without notice or consent. Any attempted assignment by you in violation of this section is void.

No Agency. No agency, partnership, joint venture, employment, or franchise relationship is created between you and Procks by these Terms.

Force Majeure. Procks shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, natural disasters, pandemics, governmental actions, internet or telecommunications failures, or labor disputes.

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

Construction. These Terms shall be construed neutrally and not against the drafter. The words “include,” “including,” and similar terms shall be construed without limitation.

Survival. Sections 6 (User Content), 8 (Assumption of Risk), 9 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Termination), 17 (Governing Law), 18 (Arbitration), and 22 (Miscellaneous) shall survive termination of these Terms.

23. Contact Information

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

Procks LLC
support@procks.com