1.1. For the purposes of this document, the following terms shall have the meanings set out below:
Offer – this document “Public Offer for the Use of Online Services of NFT SOLUTIONS Limited” (including on a paid and free-of-charge basis).
Acceptance of the Offer – full and unconditional acceptance of the Offer by performing the actions specified in this Offer.
Website – the website representing a set of informational data available for viewing on the Internet at: pro-blockchain.com or bitbrain.me.
Service – a service or set of services provided to the User when using the Website and the Telegram bot located at: pro-blockchain.com, bitbrain.me, t.me/BBITBRAINBOT.
User – a person who has entered into an agreement with the Contractor by accepting the Offer on the proposed terms, for the Contractor to provide online services on a paid or free-of-charge basis depending on the selected Plan, including: webinars (with the option to choose: paid and/or free recordings of past webinars, paid and/or free live webinars); subscriptions to a closed Telegram chat (with the option to choose: 12 months without the right to write, lifetime with the right to write, 12 months with the right to write).
Contractor – a person/entity providing access to the Services.
ProBlockchain Media – the media/project (trade name) under which the Contractor carries out informational and advertising activities on the resources owned/administered by it, including the resources available at the addresses specified in this Offer.
Service Package – a defined set of services provided by the Contractor included in a specific Plan.
Access – the User’s right to view, familiarize themselves with and otherwise use the Contractor’s Services. This right is paid for according to the Plan selected on the Website, or may be granted after authorization (completing a form on the Website).
Chat – closed communities in the Telegram messenger provided as part of the Service Package under this Agreement.
Plan (Tariff) – the price approved by the Contractor for the relevant Service Package. Information about current and valid Plans is published on the Website.
2.1. This document is the official public Offer of the Website and constitutes an offer to use the Services on the terms set out below. Pursuant to Clause 2 of Article 437 of the Civil Code of the Russian Federation (the “Civil Code”), if the terms below are accepted and the Offer is accepted, the person accepting this Offer becomes a User (pursuant to Clause 3 of Article 438 of the Civil Code, acceptance of the Offer is equivalent to entering into an agreement on the terms of the Offer).
2.2. The User’s actions to accept the Offer constitute full and unconditional acceptance of the terms of this Offer.
2.3. This Offer applies to all Services without exception.
2.4. Acceptance of the Offer shall be deemed completed when the User pays for access to the Services in accordance with Section 4 of this document. If a Service is provided free of charge, acceptance shall be deemed completed when the User completes the form on the Website (registration/application form).
2.5. By accepting this Offer, the User confirms that all terms are clear to them and that they accept them unconditionally and in full.
3.1. The price, list, content, timelines, place and procedure for providing access to the Service Package are indicated on the Website.
3.2. The Contractor is not liable for any mismatch between the provided service and the User’s expectations and/or the User’s subjective assessment. Such mismatch and/or negative subjective assessment shall not be grounds for considering the services to be of improper quality or not provided in the agreed scope.
3.3. The services shall be deemed provided in full from the moment Access is granted to the User.
3.4. The Access to the Services provided to the User does not constitute an educational program within the meaning of Federal Law No. 273-FZ dated 29.12.2012 (as amended on 25.12.2023) “On Education in the Russian Federation” and does not fall under Government Decree of the Russian Federation No. 1490 dated 18.09.2020 “On Licensing of Educational Activities”.
3.5. Placement of Informational and Advertising Materials. Availability Period
3.5.1. Under certain Services/Plans/Service Packages, the Contractor (ProBlockchain Media) may place the User’s informational and/or advertising materials on its media resources and social media.
3.5.2. The Contractor reserves the right to remove published content (including informational and/or advertising materials) across ProBlockchain Media resources and social networks after 30 (thirty) calendar days from the publication date.
3.5.3. Note: As a rule, the Contractor does not remove published materials and will do so only in exceptional cases (for example, due to changes in editorial policy, legal requirements, technical limitations, or third-party claims/complaints, etc.).
3.6. Risks and Actions of Third-Party Platforms
3.6.1. ProBlockchain Media resources may be hosted on third-party platforms and services. Such platforms may, at any time and without providing reasons, restrict access to materials, hide or remove content, or block publications in whole or in part.
3.6.2. The Contractor is not responsible for any removals, restrictions, blocks, or other actions taken by third-party platforms that affect the availability of published materials.
3.7. Metrics and No Guarantees of Business Outcomes
3.7.1. The User understands and agrees that placing materials with the Contractor does not constitute a guarantee of achieving specific business results.
3.7.2. The Contractor does not guarantee metrics such as: follower growth/number of followers, funds raised/revenue generated, registrations, purchases of goods or services, leads, conversions, or any other business KPIs.
3.7.3. Depending on the format and availability of analytics on the relevant platform, the Contractor may record and provide the User only reach and/or views after the placement.
3.7.4. The User acknowledges that these outcomes (subscriptions, purchases, registrations, investments, etc.) cannot be accurately predicted, as they depend not only on the Contractor’s activities but also on the User’s product/offer characteristics, landing page and funnel quality, brand reputation, pricing, use case, seasonality and overall market conditions, as well as external factors and platform algorithms.
4.1. Payments shall be made according to the Plans in effect at the time of payment.
4.2. Current pricing information for the Services is available on the Website.
4.3. Access to a paid Service is provided only after full payment prior to use (100% prepayment).
4.4. Access to a free Service is provided upon completion of the form on the Website (registration form).
4.5. The Contractor may unilaterally change Plans and payment methods without prior notice to the User.
4.6. For the purposes of this Agreement, payment shall be deemed made from the moment the funds are credited to the Contractor’s account.
4.7. The price of the services does not include fees charged by banks or payment systems for processing the payment.
5.1. The Parties agree that the Contractor may change the schedule, date, time and place of a webinar and other terms for providing services. The Contractor notifies the User by publishing the information on the Website, while the User must independently review such changes.
5.2. The User undertakes to independently and timely review information regarding Access, as well as changes to the terms, and the current version of the Agreement each time they visit the Website, including after acceptance of the Offer.
5.3. For the purpose of obtaining Access, the User undertakes to complete the required fields and provide accurate information.
5.4. The User undertakes to respect the exclusive and moral rights of the Contractor and other third parties to intellectual property results.
5.5. In cases of non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the laws of the Russian Federation, taking into account the terms of this Agreement.
5.6. If the User violates the Contractor’s exclusive and moral rights to intellectual property results, the Contractor may:
5.7. Any disputes and disagreements arising in connection with performance of this Agreement shall be resolved through negotiations. A mandatory pre-trial claims procedure applies. If no agreement is reached, the dispute shall be referred to the court at the Contractor’s location in accordance with the laws of the Russian Federation.
6.1. All informational materials, as well as results of photo/video shooting and audio recordings obtained by the User when Access is granted, constitute intellectual property. Exclusive and copyright, including related rights, belong to the Contractor.
6.2. Use of intellectual property results without the Contractor’s prior written consent constitutes a violation of the Contractor’s exclusive rights and entails civil, administrative and other liability under applicable laws of the Russian Federation.
7.1. The Contractor reserves the right to amend, add or remove provisions of this Offer.
7.2. This Offer enters into force and applies to all Users who have been granted Access. This Offer remains effective until withdrawn by the Contractor.
7.3. In all matters not covered by this Agreement, the Parties shall be governed by the applicable laws of the Russian Federation.
7.4. By accepting this Offer, the User freely, of their own will and in their own interest, gives consent to the Contractor to process the User’s personal data, including any actions (operations) or a set of actions (operations) performed with or without automation tools, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (distribution, provision, access), anonymization, blocking, deletion, and destruction.
7.5. Priority of Website Information
7.5.1. Regardless of any messages, statements, or wording provided to the User by agents, contractors, marketing agencies, managers, or other third parties, the information published on the Contractor’s Website (including the price list, format descriptions, plans, and placement terms) shall be considered primary and authoritative.
7.5.2. Any promises, interpretations, or terms not reflected on the Website shall not be binding on the Contractor unless separately agreed in writing and officially confirmed by the Contractor.
NFT SOLUTIONS Limited
BVI COMPANY NUMBER: 2086260