PropProofs Terms of Service

1. Acceptance of Terms

By accessing or using the PropProofs platform, a service provided by TND Labs ("PropProofs," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms govern your access to and use of our Service, including all features, functionalities, and digital proofs anchored to our ledger.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Definitions

• Service: The PropProofs software and platform, utilizing a cryptographic ledger to create, store, and verify records of construction project milestones, documentation, and approvals.
• Proof Record: A data structure that includes submitted documents, photos, geolocation metadata, timestamps, and digital attestations, cryptographically sealed to the ledger.
• User Content: All data, information, files, photos, videos, and documents submitted by you or your authorized representatives to the Service.
• Approving Party: Any authorized user who commits a Proof Record via the “Approve and Commit” action, thereby generating a cryptographically verifiable attestation of approval.

3. Scope of Service and Warranties

A. Nature of the Technical Record

• PropProofs utilizes a distributed, cryptographic ledger to create an immutable, time-stamped, and verifiable record.
• PropProofs warrants that, once committed, the cryptographic hash generated from the Proof Record cannot be technically altered, backdated, or deleted from the Service by any party, including PropProofs administrators. We adhere to eIDAS (EU), ESIGN Act (U.S.), UETA (U.S.), and NIST standards for digital signatures and cryptographic integrity.
• Legal Standing Disclaimer: PropProofs Proof Records are designed to provide tamper-evident, verifiable evidence of user-submitted information. They are not themselves legal instruments or contracts. Their evidentiary weight in legal, insurance, or regulatory contexts depends on applicable jurisdictional rules and the corroborating evidence presented.

B. Disclaimer of User Content Accuracy

• PropProofs is solely a digital record-keeping and data integrity verification system.
• PROPPROOFS IS NOT AN AUDITOR, INSURER, OR GUARANTOR. PropProofs does not warrant, verify, or guarantee the accuracy, completeness, legality, quality, or compliance of the User Content submitted by the Approving Party. PropProofs is not responsible for validating the factual truth of the work performed, compliance with building codes, or adherence to contract specifications. Users bear the sole responsibility for the veracity and correctness of all User Content they input and rely upon.

C. No Legal Advice or Certification

• PropProofs does not provide legal, compliance, or certification services. Use of the Service does not constitute legal validation, notarization, or certification of any document or record. Users are solely responsible for ensuring that their use of PropProofs complies with applicable laws, regulations, and contract requirements.

4. User Warranties and Commitments (The Approval Action)

By clicking “Approve and Commit,” the Approving Party makes the following warranties, which are essential to the provision of the Service:

A. Accuracy and Compliance of Work

• Physically inspected and verified as complete and accurate.
• Compliant with the agreed-upon scope of work, contract, and all applicable building codes, permits, and regulatory requirements.

B. Authenticity of Evidence

• Authentic and have not been fabricated, manipulated, or misrepresented.
• Contemporaneous with the work performed.
• Unaltered and represent the actual conditions of the site and work performed.

C. Authorized Capacity

• Fully Authorized to act in their represented role (Contractor, Property Owner, Inspector, etc.).
• Signing on behalf of the entity they represent, within their professional capacity and scope of authority.

D. Irrevocability and Third-Party Reliance

• The cryptographic hash generated is permanent and irreversible.
• Third parties (lenders, insurers, regulators) may rely upon this Proof Record in making financial, legal, or compliance decisions.
• The digital signature constitutes a verifiable attestation to all authorized parties that the information is accurate and complete to the best of your knowledge.
• The Approving Party waives any claim to later retract, deny, or dispute the accuracy or authenticity of the submission unless verifiable evidence of fraud, coercion, or system error is presented.

5. Ramifications for Fraud, Misrepresentation, or Negligence

A. Immediate Service Actions

• PropProofs reserves the right, upon suspicion or confirmation of fraud:
• To immediately suspend or permanently terminate the Approving Party’s access to the Service.
• To flag the Proof Record as disputed, visible to all authorized counterparties.
• To notify all affected counterparties (Lender, Insurer, Regulator) of the suspected breach.

B. Legal and Professional Consequences

• The Approving Party acknowledges that their immutable Proof Record may serve as prima facie evidence in legal, arbitration, insurance claim, or regulatory proceedings, potentially leading to:
• Civil Liability under applicable fraud, warranty, misrepresentation, or professional negligence laws.
• Criminal Prosecution in applicable jurisdictions.
• Disciplinary Action against licensed professionals (e.g., license suspension or revocation).

6. Indemnification and Limitation of Liability

A. Indemnification (User Protects PropProofs)

• You agree to indemnify, defend, and hold harmless PropProofs, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and legal expenses (including reasonable attorneys’ fees) arising from:
  • Your breach of the warranties and commitments in Section 4.
  • Your submission of false, fraudulent, or negligent User Content.
  • Any reliance by third parties on your approved Proof Records.

B. Limitation of Liability (PropProofs Protection)

• PropProofs’ liability is strictly limited to the technical integrity of the cryptographic ledger.
• In no event shall PropProofs be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (including lost profits, lost data, or regulatory penalties) arising from or related to the use of the Service.
• PropProofs’ maximum aggregate liability under these Terms shall not exceed the total fees paid by you for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.
• PropProofs does not guarantee permanent blockchain network availability, continuity, or future accessibility of third-party blockchain explorers. The Service ensures best-effort anchoring and verification but cannot guarantee perpetual public access to blockchain nodes or explorers.

7. Dispute Resolution and Governing Law

A. Dispute Resolution Process

• Any dispute regarding the technical integrity of a Proof Record must be submitted in writing to PropProofs within 30 days of discovery. PropProofs will facilitate a neutral, third-party technical review of the cryptographic anchor and metadata. The disputing party bears the burden of proof to demonstrate fraud, coercion, or system error.

B. Governing Law

• These Terms shall be governed by the laws of the State of Michigan, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Washtenaw County, Michigan.

8. Final Acknowledgment

By clicking “Approve and Commit,” you attest that all submitted information is accurate and complete to the best of your knowledge. This submission creates a permanent, verifiable digital record. PropProofs cannot alter or delete the record after commitment.