Terms of Service and Privacy Policy

Last updated November 5, 2024

Welcome to the pkt.cash website, a service provided by CJDNS SASU. These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and CDJSN SASU, ("Company", “we”, “us”, together with “you”, the “Parties” and each individually, a “Party”), concerning your access to and use of the pkt.cash, app.pkt.cash, explorer.pkt.cash and pkt.chat (collectively, the “Site”).

1. Use of Service

PKT.cash provides information and services related to the decentralized blockchain project PKT. CJDNS SASU hosts pkt.cash, explorer.pkt.cash, and PKT.chat as community services and is not responsible for the control or governance of the PKT project itself. The information provided is without warranty of any kind.
app.pkt.cash is a website-hosted user interface (the "Interface" or "App"). The Interface provides access to a decentralized protocol on the Base and Ethereum blockchains (the "Protocol").
This Terms of Service Agreement (the "Agreement") explains the terms and conditions by which you may access and use the website and Interface. You must read this Agreement carefully. By accessing or using the Site and Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Site or Interface. By using the Site and associated services, you agree to the following terms and conditions.
NOTICE: Please read this Agreement carefully as it governs your use of the Site. This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. The Site and Interface is only available to you — and you should only access the Site and Interface — if you agree completely with these terms.

2. PKT Staking

PKT.cash offers users the ability to stake PKT tokens via the Protocol. This process is implemented using a lockbox that takes the form of an NFT stored in the user’s wallet. The Site does not take custody of your PKT tokens at any time. Your tokens remain securely held within the Protocol, and control of the NFT lockbox remains with you.

3. Disclaimer of Warranties

The information and services on the Site by CJDNS SASU are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, either express or implied. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of the Site is at your own risk. We do not represent or warrant that access to the Site will be continuous, uninterrupted, timely, or secure; that the information contained in the Site will be accurate, reliable, complete, or current. No advice, information, or statement that we make should be treated as creating any warranty concerning the Site. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Site. CJDNS SASU does not guarantee the accuracy, reliability, or availability of any information provided.

4. Limitation of Liability

Under no circumstances shall Company, or its contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Site or Interface, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or the information contained within it. We assume no liability or responsibility for any:
(a) errors, mistakes, or inaccuracies of content;
(b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Site or Interface;
(c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein;
(d) interruption or cessation of function related to the Interface;
(e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface;
(f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; and
(g) the defamatory, offensive, or illegal conduct of any third party.
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law. Under no circumstances shall the Company be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use or inability to use the Site or Interface.

5. Changes to Terms of Service

The Company reserves the right to modify or replace this Terms of Service and Privacy Policy at any time. It is your responsibility to review this page periodically for changes. Continued use of the service following the posting of any changes constitutes acceptance of all of those changes.

6. Non-Custodial and No Fiduciary Duties.

The Interface is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. This Agreement is not intended to, and does not, create or impose any fiduciary duties on the Company. To the fullest extent permitted by law, you acknowledge and agree that the Company owes no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that the Company has are those set out expressly in this Agreement.

7. Representations:

You represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of the Site will fully comply with all applicable laws and regulations, and that you will not access or use the Site to conduct, promote, or otherwise facilitate any illegal activity.

8. Privacy Policy

The Company respects your privacy and is committed to protecting your personal information in compliance with GDPR and other applicable data protection laws.
This Site does not collect any personal information from you (e.g., your name or other identifiers that can be linked to you). If any other site directs you to this site, this site has no responsibility nor does it control how third parties handle your data and you should review their privacy policies to understand how they collect, use, and share your personal information. In particular, please visit https://policies.google.com/technologies/partner-sites to learn more about how Google uses data. By accessing and using the Site, you understand and consent to these data practices and those service providers' treatment of your information. Please note that when you use the Protocol, you are interacting with the Base and Ethereum blockchains, which provide transparency into your transactions. We do not control and are not responsible for any information you make public on a blockchain by taking actions through the Site.

9. Data Collection and Usage

Non-Ad Tech and Non-Surveillance: Company is not engaged in ad technology or surveillance.
GDPR Rights: As a European business, Company grants you rights under GDPR, even if you are not an EU resident.
Data Hosting: The Sites are hosted by OVH SAS in France, where data processing adheres to the OVH SAS data processor agreement.

10. Communication

Email for pkt.cash: If you provide your email address on pkt.cash, your data will be processed by Klaviyo in the USA, subject to Klaviyo’s data protection terms. You may receive occasional communications from the Company about PKT-related software projects. You may unsubscribe at any time.
Email for PKT.chat: Emails collected to sign up on PKT.chat are processed by Mailgun in Europe. These emails are strictly for password reset and confirmation purposes; we will not use them to communicate with you, unless necessary.

11. Data on PKT.chat

Any data you upload to pkt.chat (including messages, uploads, name, avatar, etc.) is stored on an OVH server in France using the Matterfoss software.

12. Logging and Analytics

Server Logs: Our websites use the nginx web server with standard log levels. When you access these sites, information such as your IP address, user-agent, URL, and access time is logged.
Matomo Analytics: Logs on pkt.cash and explorer.pkt.cash are imported to a Matomo server hosted by the Company for analytics purposes. IP addresses are anonymized, and this data is kept on-premises and not shared with any other organization.
Google reCAPTCHA: pkt.cash uses Google reCAPTCHA for the contact form to prevent spam.

13. Cookies

Explorer: explorer.pkt.cash: No cookies are set.
PKT.cash website: pkt.cash sets only one cookie to prevent Klaviyo from setting additional cookies.
PKT.chat: Identification cookies are used when you log in. Other tracking cookies are assigned “dummy” values to avoid tracking.

14. Contact Information

For inquiries, data corrections, deletion requests, or other privacy-related matters, please contact CJDNS SASU at:

CJDNS SASU
8 rue Saint-Exupéry
78300 Poissy, France
Email: cjd@cjdns.fr

15. Release of Claims

You expressly agree that you assume all risks in connection with your access and use of the Site and Interface and your interaction with the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface and your interaction with the Protocol. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

16. Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Site and Interface; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Site or Interface with your assistance or using any device or account that you own or control.

17. Dispute Resolution

The Company will use its best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty (60) days of your email, then you agree to resolve the potential dispute according to the process set forth below. Any claim or controversy arising out of or relating to the Site or Interface, this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator. The arbitration will be held in jurisdiction to be chosen by CJDNS SASU in its sole discretion, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

18. Class Action and Jury Trial Waiver

You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

19. Governing Law

You agree that the laws of France, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in France, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside of France. You agree that France is the proper forum for any proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.

20. Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

Your use of pkt.cash constitutes acceptance of these Terms of Service and Privacy Policy.