ProsperityPad Terms of Services (TOS)
This page contains the terms of service for prosperitypad.com. All users who register for prosperitypad.com understand and agrees to ALL of the TOS down below and to ALL that is written down below.
1) Introduction
These Terms of Services govern the use of the prosperitypad.com services provided by ProsperityTech Inc, a company incorporated in Panama and is governed under the laws of Panama. These Terms constitute a binding and enforceable legal contract between the Company and its affiliates (When we use the term "affiliates" or "we" it refers to other companies that are co-managed by the prosperitytech team that also work on prosperitypad which this TOS automatically applies to as well), co-managing companies, sister companies, and subsidiaries worldwide (such as TechAdoptionGroup LLC) and you, an end user of the Services in relation to the Services. You and the Company maybe referred to separately as "Party" and collectively as "Parties”. You should read these Terms of Service carefully to determine which provisions apply to you. By accessing or using any of the Services (as defined below), you acknowledge that you have read, understand, and completely agree to these Terms of Service, as updated and amended from time to time. If you do not agree to be bound by these Terms of Service or with any subsequent amendments, changes or updates, please do not access prosperitypad.com, any services created by prosperitytech inc, and if you do access or use any of the Services, you will be bound by these Terms of Service, as updated and amended from time to time; your only recourse in the case of your unwillingness to be bound by these Terms of Service is to stop using all of the Services. These Terms of Service were last updated on 6/14/2025
The Company is under no obligation to assess the suitability of the Services for users and any comment or statement which may be made by the Company or any of its associates as to the suitability of the Services to you should under no circumstances be considered as investment or legal advice and should not be received or relied upon as such.
These Terms of Service may be amended, changed, or updated by the Company (ProsperityTech Inc) at any time and without prior notice to you. You should check back often on the Website or this page created by gitbook to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued access or use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.
These Terms, including the Privacy Policy and any rules contained on the Website or this page created by gitbook, constitute the sole and entire agreement between You and the Company (ProsperityTech Inc) with respect to your use of the Website prosperitypad.com, ProsperityTech Inc and supersedes other prior or contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, both written and oral, between You and the Company with respect to such subject matter.
In the event of any inconsistency between these Terms of Service and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained within or on the Website, these Terms of Service shall prevail.
In statements where 'ProsperityTech Inc.' is referred to as the 'Company,' you agree and understand that such statements also apply to our affiliated companies, sister companies, and companies that co-manage ProsperityPad (such as TechAdoptionGroup LLC). However, you also agree and understand that ProsperityTech Inc. shall take precedence over all affiliated companies in matters of ownership and management of ProsperityPad. All personal or legal inquiries should be directed to ProsperityTech Inc., a Panama-based company."
2) Definitions
“AML” means anti-money laundering, including, but not limited to, all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat Currencies, or Cryptocurrency Tokens;
“Affiliate” means the Company and each and every one of its shareholders, directors, officers, associates, employees, contractors, agents, partners, insurers, and attorneys who are acting or performing or have acted or performed services for the benefit of or on behalf of the Website;
"CFT" means to Combating the Financing of Terrorism.
“Company” means ProspertiytTech Inc , a company incorporated in Panama
“Auction Lobby Kickstarter” refers to the model used b to raise funds. Please check out the "How The Auction Lobby Works" section to understand more about it.
“KYC” means Know Your Customer/Know Your Client is the mandatory process of identifying and verifying the User’s identity in order to avail access to the Services or participate IDOs launched on the Website;
“Launchpad” means Website, or platform where fundraising is held.
“ProsperityTech Inc.” refers to the company incorporated in Panama that has the registration number 155755272 and is governed under the laws of Panama .
“Terms” means these Terms and Services/TOS;
"SEC" means securities and exchange commission.
“User” means you or your ;
“Website” refers to the online platform accessible through https://prosperitypad.com/
"Panama" refers to the country officially named The Republic of Panama
3) General
3.1. Disclaimer for Accessibility of the Website and Some of Prosperitypad.com Services.
To the extent permitted by applicable laws, the Website and the Company’s Services are provided on an “as is” and “as available” basis. The Company does not warrant that the features, and functions contained in the Website and the Services will satisfy your preferences. You hereby agree and acknowledge that your access and use of the Website and the Services are at your own risk, and you will be liable for any responsibility, consequences that may arise out of or in connection with the usage or accessibility of the Website and the Services. You expressly agree that the Company will have absolutely no liability in this regard (You understand and agree to these statements).
The Website merely facilitates the Users accessibility to the Project tokens and does not provide you with any warranty or representation whatsoever regarding its quality, value, specification, fitness for the purpose, completeness or accuracy of its technology or infrastructure of the tokens (You understand and agree to these statements).
The Company reserves the right to limit the availability of the Website to any person, geographic area, or jurisdiction we so desire and/or terminate your access to and use of the Website and the Services, at any time and in our sole discretion (You understand and agree to these statements).
The Company may, at our sole discretion, impose limits or restrictions on the use you make of the Website. Further, for commercial, security, technical, maintenance, legal, regulatory reasons, or due to any breach of these Terms, we may withdraw the Website or your access to the Website and the Services at any time and without notice to You (You understand and agree to these statements).
The Company will be allowed to assign, transfer, and subcontract Our rights and/or obligations under these Terms without the need to provide you any notification or acquire your consent. Nevertheless, you will not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms (You understand and agree to these statements).
Nothing in these Terms will be deemed to create any rights to any creditors or other persons, not a party hereto. Moreover, these Terms will not be construed, in any respect, to be a contract, in whole or in part, for the benefit of any third parties (You understand and agree to these statements).
Prosperitypad is similar to Kickstarter, a platform to raise funds for creative projects/ideas, and is not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using the Website or the Services. No communication or information provided to you by the Company is intended as or will be considered or construed as, the solicitation of an offer to buy, the investment advice, financial advice, legal advice, or any other sort of advice. All Services, transactions, and Investments will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any Services are suitable and match your interests according to your judgement, objectives, circumstances, risk tolerance, and willingness to support creative ideas. You will be solely responsible for any gains, losses, or liabilities therefrom (You understand and agree to these statements).
Prosperitypad.com/prosperitytech Inc MAY charge a 5%-10% fee to all projects hosted on prosperitypad.com.
ProsperityPad.com will host only one ongoing auction lobby Kickstarter at a time. Users may deposit cryptocurrencies to receive AUSD (Auction USD). All cryptocurrency deposits are processed through the crypto-based payment processor known as NowPayments.
Once a deposit is made and successfully processed, the user will receive AUSD, which represents an estimated USD value of their deposit. This AUSD balance can then be used to participate in an ongoing Kickstarter raise.
You agree and understand that upon a successful deposit, you have 30 days to request a refund for any unused AUSD balance. An unused AUSD balance refers to AUSD that has not been used as a deposit into an auction lobby Kickstarter raise day.
If you have used your AUSD as a deposit into a Kickstarter raise, you are not entitled to a refund under any circumstances. Your deposit into the raise is final, and you will receive the tokens or coins for which you exchanged your AUSD.
You agree and understand all the statements outlined in this Refund Policy.
You agree that by agreeing to this portion of the terms of service that you also agree to reading and agreeing to other terms of services of each specific auction lobby kickstarter. You agree that it is your responsibility to read future terms of service of each auction lobby kickstarter and by participating in them you agree to have read and agreed to hose terms of service (You understand and agree to these statements).
You understand and agree that ProsperityPad.com operates similarly to Kickstarter.com, serving as a global crowdfunding platform focused on blockchain and cryptocurrency-based projects. We assist project owners in raising funds for their tokens and ideas. The funds raised are intended specifically for the liquidity of the token itself and for the longevity of the project itself. Any monetary benefit to the project owner or their company may be a secondary effect of a successful cryptocurrency project and is not the primary goal of the raise.
Users may participate in token allocations by bidding through our auction lobby algorithm. However, there are no built-in functions on the platform that allow users to buy or sell tokens at a fixed price. Buying and selling of tokens may occur only on secondary markets, including centralized or decentralized cryptocurrency exchanges, after the Kickstarter phase has concluded.
These crowdfunding campaigns are not investment contracts, and all users agree not to participate with the expectation of profit. In light of these facts, you understand and agree that ProsperityPad.com is not a securities trading platform, securities broker, or broker-dealer.
You acknowledge and agree to all statements outlined above.
3.2. Submissions, Feedback and Suggestions
You acknowledge that you are solely responsible for any submissions of all contents, remarks, suggestions, ideas, materials, feedbacks, or other information, including bug reports in relation to the Services provided through the Website including any submission to our social media platforms such as Discord, Twitter, Telegram, Medium and you, not us, have full responsibility for such submissions, including their accuracy, legality, reliability, appropriateness, originality, and copyright. We shall/may reply on the information you have provided and will not verify it. Notwithstanding the foregoing, we have the right to refuse to post, remove, edit, or abridge any submission for any reason and to freely use, copy, disclose, publish, display, or exploit such submission as we deem necessary without any payment of royalty, acknowledgement prior to consent, we may retain copies of all information materials relevant to the Service.
By sharing feedback and suggestions with the Company (In all instances "company refers to prosperitytech inc) or its affiliates, you grant the Company and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to any intellectual property rights you may have in the feedback and suggestions you share with the Company or its affiliates to use, including to improve the Services, copy, reproduce, modify, publish, transmit, broadcast, display, and distribute. You agree that by submitting feedback or suggestions to the Company or its affiliates you are not entitled to any form of compensation should the Company or its affiliates consider or develop technology that is the same or similar to such feedback or suggestions (You understand and agree to these statements).
3.3. Clickwrap and Link to and From the Website
The Company may deliver the Service through electronic means such as download links, graphical, Tools or other technologies for providing the Service for users. The user interfaces to such electronic means may require that the users agree to these Terms by checking a box, clicking a button, reading/ and confirming an email, or continuing with the Service. If user through such action the user becomes a Party to these Terms. Such an action of acceptance shall be sufficient to bind the users to the terms and conditions herein these Terms.
You may, through hypertext or other computer links, gain access form the Website to websites operated or made available, or otherwise licensed by persons other than us ("Third Party Services"). Such hyperlinks are provided for your convenience. A link from Third Party Services does not mean that the Company endorses or approves the content on such website or does not mean that the Company is an operator of that website. You understand that you are solely responsible for determining the extent to which you may use or rely upon any content at any other Third Party Services websites which you have accessed from the Website. You further agree that the Company has no liability directly or indirectly for any damage, loss, or consequence arising out of or in connection with the usage or reliance of any content, material, services available through the third-party website. The Company assumes no responsibility for the use of, or inability to use, any Third Party Services' software, other materials, or contents posted and/or uploaded on such website and we will have no liability whatsoever to any person or entity for any inaccuracy or incompleteness of such third-party content. All intellectual property rights in and to Third Party Services are property of the respective third parties.
4) Right to Use the Website:
You hereby agree to make the following representations and warranties by accessing to the Website and/or using the Services:
You have full capacity and authority under the applicable laws to agree and bind yourself to these Terms.
You are eighteen years of age or older.
You are aware and agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations applicable to your use of the Website and the Services. Your use of the Website and the Services are not for any unlawful or illegal purposes, including but not limited to the usage against the copyright laws and, AML/CFT laws.
The cryptocurrencies that you utilize as a deposit to receive AUSD is not and will not be derived from money laundering, terrorist financing, fraud, or any other illegal activities under any applicable laws. You further hereby acknowledge and agree that the Company will not be responsible for actions taken by you that result in the loss or destruction of the value of the tokens and rewards you hold in the Wallet.
You validly undertake any action or enter into any transaction with regard to these Terms. You are solely responsible for the use of the Website and the Services for all activities, or transactions that occur on or through your account on Website.
You will provide only accurate, complete, and up-to-date information and documents, if any, for the purposes of accessing or using or participating the Company’s Services on the Website (Website will always refer to prosperitypad.com).
You acknowledged and agree that if you lose access to the Wallet that you inputted onto the website, the Company will not be able to help you recover the loss, or transfer of any kickstarter tokens back to your wallet. It will be your solely responsibility to manage the private key of your personal wallet.
You will be responsible for obtaining the data network access necessary to use the Website. Your network's data and rates and fees may apply if you access or use the Website from a wireless-enabled device, and you will be responsible for such rates and fees.
You understand and are aware of the risks associated with accessing or using or participating in the Services, and you will be fully liable at your own risk.
You are aware that you are subject to tax regulations in the jurisdiction you reside in and will be fully responsible for filling or reporting any taxes and paying them as required by the Applicable Laws. The Company will not be liable to compensate you for your tax obligations or advise you in relation to your tax obligations. Any uncertainties and unpredictable matters in tax legislation with respect to any tokens may expose you to any unknown or unforeseeable tax implications associated with your holding of tokens and the use the Services for which the Company will have no liability. Moreover, you will not hold the Company liable for any expenses or losses resulting from unknown or unforeseeable tax implications.
You agree to fully indemnify, defend and hold harmless prosperitypad.com, prosperitytech inc and its affiliates, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (i) your breach of this Agreement, in whole or in part; (ii) violation by you of any law or any third party rights; and (iii) use by you of the Service.
You will not use the Website and the Services in one of any following manners, except as expressly permitted in these Terms, or at the Company's discretion.
You will not;
infringe any propriety rights, including but not limited to copyrights, patents, trademarks, auction lobby model, or trade secrets of the Company.
use the Website or the Services to transmit any data or send or upload any material or content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of the Website and/or the Services.
expressly or impliedly, use the Website and the Services in the manner that is deemed unlawful, offensive, malicious, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates these Terms, or any other party's intellectual property.
modify, make any back-up or archival copies of the Platform or any part thereof including disassembling, and you will also not adapt, hack the Website or modify another website to falsely imply that it is associated with the Website falsely.
crawl, scrape, or otherwise cache any content from the Website, and you agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on the Website.
use the Website or any of its contents for advertising or soliciting, for any other commercial, political, or religious purpose, or to compete, either directly or indirectly with the Company.
5) Services
KYC :Due to laws and regulations all users who register to prosperitypad.com and wish to participate in kickstarters hosted on prosperitypad.com must complete a Know Your Customer (KYC) application. During this process an individual must submit information to the prospertiytech inc / prosperitypad team such as their name, age, gender, country you are living in, photos of ID, other potentially and themselves as well as other potentially sensitive information. All users who submit this information agree that prosperitytech inc/prosperitypad.com may hold onto this sensitive data for as long as prosperitytech inc/prosperitypad.com deems fit and this information will be stored by the prosperitytech inc/prosperitypad.com team and will not be shared by prosperitytech inc/prosperitypad.com to any third party unless said party is where the data is being hosted.
Auction Lobby Kickstarter Participation: Each aution lobby kickstarter details are published on the official gitbook/docs page of Prosperitypad.com as well as on prosperitypad.com. You shall go through, and study all information of each kickstarter Project and fully understand the significant information and terms of service agreements prior to participating such auction lobby kickstarter events such as the start date, allocation date, vesting schedule, the underlying technology, the features and functions of project token. The Company will make all commercially reasonable attempts to facilitate information about the Project on the Website. However, The Company will not be liable to you in any manner for the termination, interruption, delay, or inaccuracy of any Project information launched on the Website. You hereby acknowledge that the Company does not guarantee the accuracy, timeliness, or completeness of such information, and does not provide any warranty in connection with your use or reliance on such information. You agree that your use of the Project information will be at all your own risk. Prosperitypad.com is not responsible for any loss or damage that may arise from from supporting/and bidding on tokens from the auction lobby kickstarters due to open cryptocurrency market factors (price going up and down). The auction lobby tokens will be distributed to you based on the vesting schedules and information given to you before an auction lobby fund raiser begins.
6) Governing Law
These Terms of Service shall be governed by and construed and enforced in accordance with the Laws of Panama, but applies to all users who register to prosperitypad.com, all users who interact with services created by prosperitytech inc, and this is despite where you as an individual agreeing to this resides in. You irrevocably agree that, any dispute, controversy, claim or action arising from or related to your access or use of the Website or these Terms of Service likewise shall be governed by the Laws of Panama, exclusive of choice-of-law principles. Nothing in this clause shall limit the right of Company to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
7) Intellectual Property Rights
All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Website and Services are owned by or otherwise licensed to the Company. Subject to your compliance with these Terms, the Company grants you a non-exclusive, non-sub license, and any limited license to merely use or access the Website and the Services in the permitted hereunder.
Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Prosperitytech inc or any other third party’s intellectual rights.
If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
You agree and acknowledge that all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text belongs to Company and is protected by copyright and/or other intellectual property rights. Under no circumstances may you shall not be modified, copied, reproduced, reused, translated, redistributed, published, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from the Company Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of Prosperitypad.com.
Third parties participating on the Website may permit the Company to utilize trademarks, copyrighted material, and other Intellectual Property associated with their businesses. The Company will not warrant or represent that the content of the Website does not infringe the rights of any third party.
The term "Prosperitypad", its domain names and any other trademarks, or service marks used by ProsperityTech Inc as part of the Service, are solely owned by Company. In addition, all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to Company and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without Company’s prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of Company.
8) User Related Risks & Exploitation Clauses
You understand and agree that use of the Services and the Website is completely at your own risk. This clause is not exhaustive and does not disclose all the risks associated with crypto currencies and the use of Services. Therefore, you are recommended carefully consider whether such use is suitable for you in terms of your judgement, financial position, circumstances.
You understand and agree that any cryptoassets, blockchain technology or distributed ledger technology related Projects are new and relatively untested and outside of both our and our Projects’ exclusive control. Any adverse changes in market forces, the technology and regulatory environment impacting our performance under this Agreement shall absolve us from responsibility in this regard, including but not limited to hacking attacks, possible theft, unfavorable regulatory action, or unclear legal/tax status of crypto tokens.
You agree and acknowledge that we do not represent or warrant that any Prosperitypad.com Services or Website are secure from a hacker or other malicious attack, which may result in the stealing or the loss of the User confidential information or any other data. The Company is unable to anticipate the occurrence of hacks, cyber-attacks, mining attacks, including but not limited to double-spend attacks, majority mining power attacks and selfish-mining attacks, distributed denial of service attacks or errors, vulnerabilities or defects on the Website, or any technology, Also, the Company is unable to detect the hacks as mentioned earlier, mining attacks, cyber-attacks, distributed denials of service errors vulnerabilities, or defects in a timely manner and does not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.
Technical and system failure affected the obligations stipulated in these Terms the Company may experience system failures, unplanned interruptions in hardware or software defects, security breaches or other causes that could adversely affect the Company’s infrastructure network and Website. The Company's network or the services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorized users, some of which are beyond the Company's control. Although the Company has taken steps and used its best endeavor against malicious attacks on its appliances or its infrastructure, which are critical for the maintenance of the Website and the Services, there can be no assurance that cyber-attacks, such as distributed denials of the Service, will not be attempted in the future, and that the Company's enhanced security measures will be effective.
The Company will have no liability for any delay, error, interruption, or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond the Company's control, including, but not limited to:
Acts of God, nature, court or government;
Failure or interruption of public or private telecommunication networks, communication channels or information systems;
Acts or omission of a party for whom the Company is not responsible;
Delay, failure, or interruption in, or unavailability of, third-party services; and
Strikes, lockouts, labor disputes, wars, terrorist acts and riots.
You understand and agree that Prosperitypad.com and prosperitytech inc. will not be responsible or will be held legally liable/responsible to any exploitation of wallets held by prosperitytech inc/ or prosperitypad.com. This is in relation to the funds held on these wallets. If a hacker or a hacker group exploits or hacks prosperitytech inc wallets and drain these wallets through malicious means prosperitytech inc is not to held legally responsible, will not conduct any refunds, will not be able to launch the token that was being supported through the kickstarter. You understand and agree that the course of action that will be followed is that the incident will be reported to law enforcement and prosperitytech inc will attempt to use all legal avenues to retrieve these hacked or exploited funds. These hacks and exploits can be anything that compromises the wallet. This could be from a variety of factors, some of them include but are not limited to a virus, trojan horse, ledger poisoning, etc.
9) Misuse of the Website
In the event of any misuse and/or abuse of the Website or breach any provision in these Terms, the Company reserves the right to block your access to the Website and other Services until the matter is solved.
Use of the Website for transmission, publication or storage of any material on or via the Website which is in violation of any applicable laws or regulations or any third-party's rights is strictly prohibited, including but not limited to the use of the Website or the transmission, distribution, publication or storage any material on or via the Website in a matter or for the purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libelous or defamatory, violates any privacy or data protections laws, is fraudulent or breaches any exchange control laws.
10) Resolution of Disputes:
Any dispute, claim, controversy or action arising out of or related to (i) these Terms of Service or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your Crypto Tokens the operations and Services of the Website, or (iii) your access to or use of the Services at any time, shall be subject to the exclusive jurisdiction of the courts in Panama. For the avoidance of doubt, and without limiting the generality of the foregoing, this provision expressly applies to any legal claim, whether in tort, contract or otherwise, against the Company.
You irrevocably and unconditionally agree and consent to the exclusive jurisdiction and venue of the courts of Panama, and you waive any objections thereto. Nothing in this clause shall limit the right of Company to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
You and the Company agree that any Party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one Person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one user cannot and may not affect any other users.
Jury trial waiver: to the fullest extent permitted by applicable law, the parties hereby irrevocably and unconditionally waive all right to trial by jury in any legal action or proceeding of any kind whatsoever arising out of or relating to these terms of service or any breach thereof, any use or attempted use of the site or the services by you, and/or any other matter involving the parties.
You agree to also reading all other legally binding resolutions disputes that maybe written elsewhere in this terms of service, such as "In Regards To Legal Action" and "DISPUTE RESOLUTION - AGREEMENT TO ARBITRATE"
11) Indemnification
You irrevocably undertake the responsibility of fully indemnifying and holding harmless each of the Company, its Affiliate, licensors, shareholders, officers, directors, managers, employees, and agents from and against any and all losses, claims, actions, proceedings, damages, demands, judgements, sums, liabilities, damages, costs, charges and expenses, including, but not limited to, any reasonable attorney's fees or penalties imposed by any regulatory authority, and reimbursements arising out of or related to the following situations:
Your breach of or our enforcement of these Terms ;
Your use or any person using the Services on your behalf or participation in accordance with the Services on the Website;
Any violations of Applicable Laws, regulation, or rights of any third-party during your use or participate in the Service.
IV. If you are obligated to indemnify the Company, its Affiliate, shareholders, licensors, officers, directors, managers, employees, and agents, the Company will have the right, at our sole discretion, to control any action or proceeding and to determine whether Company wishes to proceed, or settle, and if so, on what terms or provisions.
12) Waiver
The failure of Company’s to exercise any of its rights, powers or remedies under this Terms or any delay by Company in doing so the performance of any provision will not affect that Company's right to require performance at any time thereafter. At the same time, the waiver of Company to seek recovery for the User's violation of these Terms of any provisions of applicable terms will not constitute a waiver by Company of any subsequent breach or violation by the User or of the provision itself. Any failure by the Company to exercise any of its rights, powers, or remedies under these Terms of Service, or any delay by the Company in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by the Company does not prevent either from exercising any other rights, powers, or remedies. The remedies of the Company are cumulative with and not exclusive of any other remedy conferred by the provisions of these Terms of Service, or by law or equity. You agree that the remedies to which the Company is entitled include, but are not limited to, (i) injunctions to prevent breaches of these Terms of Service and to enforce specifically the terms and provisions hereof, and you waive the requirement of any posting of a bond in connection with such remedies, (ii) the right to recover the amount of any Losses by set off against any amounts that the Company would otherwise be obligated to pay to you, and (iii) the right to seize and recover against any of your crypto currency, or your interests therein, that are held by the Company or any of its Affiliates.
You and the Company agree that any claims relevant to these Terms, or your relationship with the Company will be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and the Company further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable laws. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties involved.
13) No Representations and Warranties by the Company:
The Company makes no representations, warranties, or guarantees to you of any kind and, to the extent permitted by applicable Laws, the Company expressly disclaims all representations, warranties or guarantees, express, implied or statutory, with respect to the Website and the Services. The Website and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose. You acknowledge and agree that your use of the Website and the Services is at your own risk. We do not represent or warrant that access to the Website or the Services will be continuous, uninterrupted, timely, or secure; that the information contained in the Website and the Services will be accurate, reliable, complete, or current; or that the Website and the Services will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Website and the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Website and the Services.
14) Limitation of Liability
Not withstanding any provisions within these Terms, under no circumstances, including negligence in no event shall Prosperitypad, ProsperityTech Inc its partners, its affiliate, its employees, agents officers be liable to the User for any incidental, special, exemplary, punitive, indirect, or consequential damages of any kind, under any legal theory arising out of or in connection with your use the Website, any websites linked to it, any other services or items obtained through the Website or such websites including but not limited to lost revenue, lost profits, loss of business or anticipated savings, loss of your credential information, loss of interruption of technology, loss of use service or equipment even if the User was advised of the possibility of such damages, and whether arising under a theory of contract, tort, strict liability or otherwise. prosperitypad and ProsperityTech Inc shall also have no liability for any emergency and/or unforeseeable incidents related to your use of the Services on the Website such as stolen private key, seed phrases or hacked accounts.
Nothing in this Agreement shall exclude or limit Company’s liability for death or personal injury resulting from its negligence.
Except as expressly provided in these Terms, and to the maximum extent permitted by any Applicable Laws, we disclaim all other representations or warranties, express or implied, made to you, your affiliates, or any other person, including, without limitation, any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service provided incidental to the Services under these Terms.
Except as expressly provided in these Terms, and to the fullest extent permitted by any Applicable Laws, the Company, its Affiliate, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services made available through the Services;
the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to Company’s records, programs, services, server, or other infrastructure relating to the Services;
the Services being infected with any malicious code or viruses; or
the failure of the Services to remain operational for any period of time.
You hereby agree to release the Company and its affiliates from liability for any and all Losses, and you shall indemnify and save and hold the Company and its affiliates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Company or the Affiliates have been advised of or should have known of the possibility of such Losses and damages, and without regard to the success or effectiveness of any other remedies.
15) Force Majeure
The Company is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; pandemics; power outages or failures; acts of God or the state’s enemies; acts of any Government or Government Official; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of other Persons; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, the Company is excused from any and all performance obligations under these Terms of Service.
16) Severability
If any provision of these Terms of Service or part thereof, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision to the extent of its illegality, unenforceability, invalidity, or voidness, as may be, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions herein.
17) Termination
These Terms will be immediately terminated by discontinuing your use of or participate in the Services and you agree to terminate the accessibility on the Website.
These Terms can be suspended or terminated without a notice from the Company if there is a reasonable ground for the Company to believe that you have breached any of the terms or provisions stipulated in these Terms, or if you do not comply with these Terms.
The termination of these Terms will not prevent the Company from seeking remedies from you in the case where you have breached any terms or provisions of these term before such termination. The Company will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.
Any ongoing obligation to you as well as the provisions regarding (i) Prosperitypad.com and ProsperityTech Inc ’ Intellectual Property, (ii) Indemnification, (iii) Limitation of liability, and (iv) any other provisions designed to survive, will survive any termination or expiration of these Terms for any reason.
18) Non-Investor Disclaimer
All individuals who participate in auction lobby Kickstarters and utilize ProsperityPad services are not to be considered “investors” but rather “donors making a donation.” These are the designations that all users who register with ProsperityPad acknowledge and agree to apply to themselves.
The mindset of these backers is to support cryptocurrency projects they believe offer value to society in some meaningful way—without any expectation of profit from any party. By registering on ProsperityPad, you agree to adopt this mindset and acknowledge that your participation is voluntary and philanthropic in nature.
Accordingly, all users—including you—expressly waive any claim to investor protections granted under the laws of any sovereign nation. Furthermore, you agree that any attempt to initiate arbitration, litigation, or legal action against ProsperityTech Inc. or any project hosted on ProsperityPad—if related to matters involving investments, finances, securities laws, or commodity regulations—shall be considered null and void and must be ruled in favor of ProsperityTech Inc. by default.
This waiver and acknowledgment are binding conditions of use, and all users who register and utilize ProsperityPad explicitly agree to these terms.
All users who register with ProsperityPad agree to the following:
All auction lobby Kickstarters hosted on the platform shall not be considered investment contracts, but rather should be viewed similarly to traditional Kickstarter-style crowdfunding campaigns. The primary purpose is for individuals to support a cause or project they believe can benefit society.
For example, Arweave is a blockchain-based project focused on decentralized data storage. An individual may believe that such a network serves an important societal function and may choose to support it. In doing so, they do not view their deposit into the auction lobby Kickstarter as an investment, but as a donation to a cause they believe in.
By registering and participating, users acknowledge and agree that their involvement is motivated by support, not by the expectation of profit.
You understand that all project owners who host their auction lobby Kickstarters on ProsperityPad agree to the following terms:
They confirm that none of the funds raised will be used for the development of their project. All projects must be fully completed prior to the fundraising event, and project owners are required to prove completion by submitting the source code or equivalent deliverables before the raise begins.
You also understand and acknowledge that by acquiring tokens or coins from these projects, you receive zero percent ownership in any associated company (if one exists). You receive no equity, no securities, no stock, and do not become a co-owner in any capacity.
Furthermore, project owners have no fiduciary duty to you as an investor—because you are not an “investor.” Your participation is considered a voluntary contribution, not a capital investment.
You understand agree that all projects hosted on ProsperityPad.com through the auction lobby must offer a tangible service or utility. If a project’s token includes a staking mechanism that allows users to earn additional tokens, staking may not be the token’s primary purpose. Instead, staking must serve a functional role that supports other aspects of the project.
For example, acceptable staking models include:
Proof-of-Stake blockchains where users stake tokens to validate blocks and process transactions.
Liquidity provision in decentralized exchanges (DEXs), where users receive tokens as a reward for supporting market functionality.
All staking mechanisms must be governed by a decentralized algorithm capable of operating independently of the project owner or company—even in the event of the company shutting down or the project owner becoming unavailable.
Project owners may receive fees through the staking model, but any tokens received as fees must not be auctioned on ProsperityPad. These tokens must be distributed or sold through other regulated and compliant channels.
All users must acknowledge that they participate without an expectation of profit derived from the efforts of a central or primary party. If any expectation of profit exists, it must result from a sufficiently decentralized system, not one controlled by a single party or centralized entity.
Exceptions to these requirements may be granted at the sole discretion of the ProsperityPad / ProsperityTech Inc. team, depending on the nature and scope of the project.
All users agree and acknowledge that auction lobby Kickstarters hosted on ProsperityPad do not constitute investment contracts. The process of a user depositing cryptocurrency, receiving AUSD, and then using AUSD to participate in any auction lobby Kickstarter does not meet the criteria of an investment contract, for the following reasons:
Users do not have an expectation of profit from ProsperityPad, ProsperityTech Inc., or the hosted project owners during any part of the auction process.
If, without the knowledge or endorsement of ProsperityPad or ProsperityTech Inc., a hosted project owner makes statements that could be interpreted as promising profit based primarily on their efforts or those of their company, the user waives all rights to pursue legal action against ProsperityPad and ProsperityTech Inc. In such cases, legal recourse may be directed only toward the hosted project owner.
If a token has been deemed a security or is a security without the knowledge of the prosperitytech inc/prosperitypad team all users waive the rights to pursue legal action against prosperitytech inc, affiliate companies, prosperitypad, and agree to direct legal action the project that is raising the funds on prosperitypad.
The auction lobby system is specifically designed to eliminate pricing certainty and speculative expectations: users cannot know the exact price per token until the 24-hour auction round concludes, which inherently prevents them from forming any reliable expectation of profit at the time of participation.
If a cryptocurrency project hosted on ProsperityPad is later deemed a security by any regulatory body (e.g., under the criteria of the Howey Test), all registered users agree that the process of depositing cryptocurrency > receiving AUSD > depositing AUSD into the auction lobby > receiving tokens does not constitute a sale of securities by ProsperityPad, ProsperityTech Inc.
All users affirm that their actions were made voluntarily as donations or contributions to a cause they supported. The receipt of tokens or digital assets was a non-financial backer reward, not a return on investment.
Certain exceptions to this policy may be granted based on the specific nature and scope of a project, at the sole discretion of the ProsperityPad / ProsperityTech Inc. team.
No Ownership or Fiduciary Rights Granted
No cryptocurrency auctioned through the auction lobby Kickstarter on ProsperityPad shall grant any donor or backer ownership rights, voting rights, or any other form of entitlement to the hosted project’s company or legal entity. Furthermore, the hosted project owner shall have no fiduciary duty to any donor or backer.
The only duty owed by the project owner or overseeing company is strictly limited in scope, and is confined to the following responsibilities:
Ensuring the successful deployment of the cryptocurrency tokens
Distributing all allocated tokens to the donors or backers
Adding liquidity to the appropriate liquidity pool
Performing minor maintenance of the project’s website
Conducting minor upkeep of the token’s smart contract functionality
The smart contract must be designed in such a way that even in the event of the project owner’s death or the dissolution of the company, the contract continues to function as intended.
All users acknowledge and agree to these conditions as part of their participation.
These user agreements cannot be waived by the user under any circumstance and if a user does not fully agree to these terms and conditions they must not register or use any services provided by prosperitypad and prosperitytech Inc (a Panama based company).
You agree that all arbitration, lawsuits, class action lawsuits, and other legal proceedings are to fall under the jurisdiction of Panama and this is regardless to the country you originate or reside in.
DISPUTE RESOLUTION - AGREEMENT TO ARBITRATE
Dispute Resolution by Binding Arbitration; Jury Trial Waiver; Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
If we are unable to resolve your concerns and a dispute remains between you and us, this Section explains how the parties have agreed to, and shall, resolve it.
You and we agree to make reasonable, good faith efforts to informally resolve any dispute before you initiate formal dispute resolution. You agree to send us a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. Written notice to us must be sent via postal mail to the address specified under the “Contact” section at the end of these Terms (“Notice Address”).
FORMAL DISPUTE RESOLUTION: If the parties do not resolve the claim within sixty (60) calendar days after your written notice is received by us, then your options for formal dispute resolution depend upon your country of residence. This Section does not prevent you from bringing your dispute to the attention of any federal, state or local government agencies that can, if Applicable Law allows, seek relief from us for you.
FOR RESIDENTS OF THE UNITED STATES & OTHER JURISDICTIONS THAT ENFORCE BINDING ARBITRATION: YOU AND WE AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND US ARISING IN CONNECTION WITH OR RELATING IN ANY WAY TO THESE TERMS OR TO YOUR RELATIONSHIP WITH US AS A USER OF THE SITE OR ANY OF OUR OFFERINGS (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND WHETHER THE CLAIMS ARISE DURING OR AFTER ANY TERMINATION OF THE SERVICE) WILL BE DETERMINED EXCLUSIVELY BY MANDATORY BINDING INDIVIDUAL (NOT CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION) ARBITRATION. YOU AND WE FURTHER AGREE THAT THE ARBITRATOR SHALL HAVE THE EXCLUSIVE POWER TO RULE ON HIS OR HER OWN JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE EXISTENCE, SCOPE OR VALIDITY OF THE ARBITRATION AGREEMENT OR TO THE ARBITRABILITY OF ANY CLAIM OR COUNTERCLAIM. YOU ALSO AGREE THAT THIS TERMS OF SERVICE IS ENOUGH TO SET THE FACTOR OF JURISIDICTION FOR THIS CASE OR ANY LEGAL PROCEEDINGS.
Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER (OR IN A REPRESENTATIVE OR CONSOLIDATED ACTION) IN ANY PURPORTED CLASS OR, REPRESENTATIVE, OR CONSOLIDATED ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding, and the arbitrator specifically does not have the power to alter this. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that Applicable Law precludes enforcement of any of this Section's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. If you start an arbitration proceeding against us, you agree that you will be responsible for at least half of the cost of the arbitration (and perhaps more in accordance with the arbitrator's ruling). Any arbitration between you and us will be administered at the International Chamber of Commerce (“ICC”) International Court of Arbitration under the Rules of Arbitration of the ICC then in force including its Expedited Procedure Provisions (collectively, the “Rules and Procedures”), as modified by these Terms, or, if ICC no longer exists or is unable to participate, such other arbitration forum selected by us. The language to be used in the arbitral proceeding shall be English. For more information on the ICC, the Rules and Procedures, or the process for filing an arbitration claim, you may call the ICC in Paris, France at +33 (0) 1 49 53 28 28 or visit the ICC website at https://iccwbo.org.
Unless we expressly agree in writing to the contrary, the parties shall keep confidential all awards and orders in any arbitration pursuant to this Section, as well as all materials in the arbitral proceedings created for the purpose of the arbitration and all other documents produced by another party in the arbitral proceedings not otherwise in the public domain; provided that the foregoing shall not prevent either party from making any disclosure of such to the extent that disclosure is required of a party by a legal duty, to protect or to pursue a legal right, or to enforce or challenge an award in legal proceedings before the appropriate court or other judicial authority. You and we agree that the US Federal Arbitration Act applies and governs the interpretation and enforcement of this provision, to the extent applicable.
The seat and venue of the arbitration is Panama. The arbitration will be conducted before one commercial arbitrator from the ICC with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the Rules and Procedures. The ICC Emergency Arbitrator Provisions shall not apply.
The dispute will be resolved by the submission of documents without a hearing, unless a hearing is requested by a party or deemed to be necessary by the arbitrator, in which case, a party may elect to participate telephonically. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow Applicable Law, and any award may be challenged if the arbitrator fails to do so. You and we may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Nothing in this Section removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, and, if required by Applicable Law, gross negligence. Additionally, notwithstanding this agreement to arbitrate, claims for infringement or misappropriation of the other party's patent, copyright, trademark, trade secret or other intellectual property rights shall not be subject to arbitration under this Section.
You or we may seek emergency equitable relief before a court located in Panama in order to maintain the status quo pending arbitration and you agree to submit to the exclusive personal jurisdiction of the courts located within Panama for such purpose. A request for interim measures shall not be deemed to be a waiver of the right to arbitrate.
FOR RESIDENTS OF THE EUROPEAN UNION & OTHER JURISDICTIONS THAT DO NOT ENFORCE THE BINDING ARBITRATION REQUIRED ABOVE: Any non-arbitrable disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Panama. If you start an arbitration proceeding against us, you agree that you will be responsible for at least half of the cost of the arbitration (and perhaps more in accordance with the arbitrator’s ruling). This Section will survive any termination of your access to or use of the Site and/or Offerings and/or any termination of these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of any provision of this Section prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part were not contained herein. If, however, any provision of this Section prohibiting arbitration on a class or collective basis is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SITE, ANY OF OUR OFFERINGS OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT WILL BE FOREVER BARRED.
Disputes Among Users
You agree that you are solely responsible for your interactions with any other user in connection with the Site, Our Offerings and/or the Blockchain and Ecosystem and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Site and/or Our Offerings.
Jurisdiction and Legal Venue
You understand and agree that ProsperityTech Inc., ProsperityPad, and all affiliated companies do not specifically advertise to or target any particular country or jurisdiction. Cryptocurrency, by its nature, operates within a global market, making the establishment of a legal jurisdiction essential for any legal matters.
By default, all users agree that the Republic of Panama shall have exclusive jurisdiction over all legal proceedings related to ProsperityPad, ProsperityTech Inc., and their affiliated entities. This applies regardless of where any affiliate company is incorporated or where members of ProsperityTech Inc.’s management reside.
By registering and using ProsperityPad, you explicitly acknowledge and consent to Panama being the governing jurisdiction for all disputes, claims, and legal processes.
In the Prescence of misunderstood information, potentially unclear public statements made by the prosperitytech team on any social media platform or on prosperitypad.com website, potentially contradictory statements made by the prosperitytech team on any social media platform or on prosperitypad.com website the terms of service that all users agree to on this page shall triumph and to be seen as the legally binding statements while all others should be regarded as opinions and non-relevant.
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