Terms of Use

Terms of Use

Terms of Use

Last updated January 12, 2026

By creating an account, browsing, or otherwise interacting with prowaken.com (the “Site”), you’re entering a legal agreement with Prowaken LLC, a Delaware corporation, and its affiliates (collectively “Prowakenweus, or our”). Please read these Terms carefully—they spell out what you can do, what you can’t do, and how any disputes will be handled (spoiler: arbitration, not a courtroom drama).

 

1. Who May Use the Site

  • You must be at least 16 years old (or the age of majority in your jurisdiction, whichever is higher).

  • If you’re under that age, you need explicit permission from Prowaken; otherwise we’ll suspend or terminate your access without notice. By using the Site, you represent that you meet the age requirements.

 

2. Extra Rules May Apply

When you buy a product, sign up for a service, or use a special feature, you may be asked to agree to Additional Terms (e.g., a purchase agreement, a financing contract, or a referral-program rule). Those Additional Terms become part of this agreement; if they clash with anything here, the Additional Terms win.

 

3. What Belongs to Prowaken (and What You Can’t Do With It)

All images, videos, text, code, trademarks, logos, designs, and any other material on the Site (“Content”) are protected by copyright, trademark, and other IP laws.

  • License: We give you a limited, revocable, non-exclusive, non-transferable right to view, download, and print Content for personal or internal-business use only.

  • No commercial use: You may not sell, license, remix, or otherwise exploit the Content without our written permission.

  • Trademarks: Our logos, product names, slogans, etc. (“Trademarks”) stay ours. You can’t use them in a way that might confuse anyone about who owns what.

 

4. Creating an Account

  • Some features require an Account. We may approve or reject your request at our sole discretion.

  • Provide accurate, up-to-date information. False or misleading data gives us the right to terminate your Account.

  • Keep your login credentials secret. You’re responsible for everything that happens under your Account, so alert us immediately if you suspect unauthorized use.

  • Depending on your Account tier, you may not have access to every Site feature—don’t try to sneak into restricted areas.

 

5. Using the Site & Content

  • Allowed: Browse, use the Site’s tools, download Content for personal/internal use, and let your device cache temporary copies while you’re online.

  • Forbidden: Copy, modify, redistribute, sell, or create derivative works from the Content; strip copyright or trademark notices; or use the Site for any commercial purpose.

  • Linking: You may link to the Site with our written OK. Any changes to that linking arrangement need our written approval.

  • Security: The Site is protected by technical safeguards. Attempting to hack, jam, or bypass those safeguards can lead to civil or criminal liability, and we may disable your Account immediately.

 

6. User-Generated Content (UGC)

  • Anything you post, upload, or otherwise submit (“User Content” or “Your Content”) is voluntary and non-confidential.

  • You retain ownership of your IP, but you grant Prowaken a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, modify, distribute, and display your Content in any medium, for any purpose (including commercial).

  • We may edit, block, or remove any User Content at our discretion, and we’re under no obligation to keep it confidential.

  • You must have all rights needed to grant us the license and must not post anything that:

  • Infringes third-party rights,

  • Violates any law or agreement,

  • Is false, defamatory, obscene, hateful, or otherwise unlawful,

  • Harms Prowaken’s reputation or operations.

  • Violations may trigger legal action and cooperation with law-enforcement; you’re solely responsible for any fallout.

 

7. Conduct Expectations

When you’re on the Site, you agree not to:

  • Deploy viruses, malware, or any code that disrupts or damages computers or networks.

  • Interfere with the Site’s normal operation or degrade its performance.

  • Infringe copyrights, trademarks, patents, or privacy rights, or impersonate anyone.

  • Spam, send unsolicited ads, chain letters, pyramid schemes, or any other junk.

  • Cause us to lose service from our internet providers or other vendors.

  • Link to material you don’t have the right to link to.

  • Post false, threatening, abusive, harassing, defamatory, pornographic, or discriminatory content.

  • Reverse-engineer, decompile, or otherwise extract our source code.

  • Encourage anyone else to break these rules or violate any law.

  • We may monitor usage to enforce these rules, but we’re not liable for other users’ misconduct.

 

8. Privacy

Your use of the Site triggers automatic data collection as described in our Privacy Policy (incorporated by reference). In short: we gather usage info to improve the Site and may share aggregated, non-identifiable data with service providers.

 

9. Support & Availability

  • We make no promise to provide support for the Site, Content, or your Account.

  • The Site may be down for maintenance, upgrades, or unexpected outages.

  • We can change, limit, suspend, or shut down any part of the Site at any time, with or without notice, and we won’t be liable for any resulting inconvenience.

 

10. Changes to These Terms

We can revise these Terms whenever we like. Major changes will be announced by email (or another reasonable method) and the “Last updated” date will change. Continuing to use the Site after the effective date means you accept the new Terms. If you don’t agree, you must close your Account and stop using the Site.

 

11. Third-Party Links

The Site may contain links to other websites (“Linked Sites”). We don’t endorse or control them, and they’re governed by their own terms and privacy policies. We aren’t responsible for any loss or damage that stems from your use of a Linked Site.

 

12. Video Content & Tracking Tools

  • Video clips on the Site are for illustration only; we’re not a “video-tape service provider” under the Video Privacy Protection Act.

  • We use cookies, pixels, SDKs, and similar Targeting Tools to improve your experience and serve relevant ads. These tools may transmit limited data to third parties—but that transmission is not “personally identifiable information” under the VPPA, so you can’t sue us for it.

 

13. Third-Party Products & Services

You may need external services (Internet, devices, data plans, etc.) to use the Site. Those are your responsibility; we don’t control or guarantee them.

 

14. Termination

Either you or we may end this agreement at any time.

  • You: Email legal@prowaken.com.

  • We: May terminate your Account, suspend access, or shut down the Site (with or without notice) for breach, legal reasons, or if we discontinue the service.

Upon termination, you lose all rights to the Site and any prepaid fees are non-refundable unless we expressly say otherwise. Certain sections (IP rights, liability limits, arbitration, indemnity, governing law, etc.) survive termination.

 

15. Disclaimer of Warranties

The Site and all Content are provided as is,” “with all faults,” and “as available.” We make no promises that the Site will be error-free, uninterrupted, or meet any particular need. Use it at your own risk.

 

16. Limitation of Liability

To the fullest extent allowed by law, Prowaken and its affiliates (“Released Parties”) are not liable for:

  • Consequential, special, incidental, indirect, or punitive damages,

  • Lost profits, goodwill, or data,

  • Any loss caused by factors beyond our reasonable control (e.g., network failures).

Our total liability for any claim is the greater of $100 or the amount you paid us in the 12 months preceding the claim.

 

17. When Limits Don’t Apply

If a jurisdiction refuses to allow these exclusions, the law of that jurisdiction will apply instead, but only to the extent required.

 

18. Dispute Resolution (Arbitration)

A. Informal Resolution

Before any formal action, we must try to settle the issue informally.

  1. Send a Dispute Notice (signed, with your name, address, email, a clear description of the problem, the harm you suffered, and the remedy you seek) to:

 

  1. We’ll attempt to resolve the dispute within 30 days via a meet-and-confer (phone, video, or in-person).

If we can’t settle, you move to arbitration.

B. Individual Arbitration

  • All unresolved disputes go to binding arbitration with the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

  • The arbitrator decides the case alone—no class actions, no juries.

  • If your claim is ≤ $5,000, you can opt for a document-only or remote hearing.

  • The arbitrator’s award is final and can be entered as a court judgment.

C. Exceptions

You may still:

  • File a solo claim in small-claims court (subject to jurisdictional limits).

  • Seek injunctive relief for IP infringement on an individual basis.

  • Report violations to government agencies.

 

19. Indemnification

You agree to defend, indemnify, and hold harmless Prowaken and the Released Parties from any third-party claim, lawsuit, or expense (including attorneys’ fees) arising from:

  • Your Content,

  • Your breach of these Terms, or

  • Your violation of any law or third-party right.

We may take over the defense (at our expense) but you must cooperate and may not settle without our written consent.

 

20. Governing Law & Venue

These Terms are governed by Washington State law and U.S. federal arbitration law, without regard to conflict-of-laws rules.

  • Any arbitration follows the Federal Arbitration Act.

  • Any non-arbitrable dispute must be brought in Seattle, Washington courts (unless you qualify for small-claims court).

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

 

21. Export Controls & International Use

The Site is intended for U.S. users. If you’re outside the U.S., you’re on your own for compliance with local laws and U.S. export regulations. You may not export the Site (or any derived data) to embargoed countries or to anyone on U.S. sanctions lists.

 

22. General Boilerplate

  • Section titles are for convenience only.

  • Waiver: Our failure to enforce a breach doesn’t waive our right to enforce later breaches; any waiver must be written and signed by us.

  • Severability: If any provision is invalid, the rest stays alive.

  • Assignment: We may assign our rights or duties without notice; you may not assign yours.

  • Entire Agreement: These Terms (including the Privacy Policy and any Additional Terms) constitute the whole agreement between us. No other promises or statements—written or oral—affect this contract.

  • No partnership: Nothing here creates a partnership, joint venture, employment, agency, or franchise relationship.

  • Admissibility: Printed or electronic versions of these Terms are admissible as evidence in any proceeding.

  • California Residents: You can also contact the California Department of Consumer Affairs, Complaint Assistance Unit, 1625 N Market Blvd., Sacramento, CA 95834, (916) 445-1254 or (800) 952-5210.

California Civil Code § 1542 Waiver: By agreeing, you waive any claim you didn’t know existed at the time of signing that would have affected your settlement.

 

23. Legal Notices

We’ll give you any required notice by posting it on the Site, emailing you, or mailing it to the address you provided. Keep that address current, or we can’t guarantee you’ll receive anything.

Send legal notices to:
 Prowaken LLC – Legal Department
 
Email:legal@prowaken.com

 

24. DMCA & Copyright Claims

If you believe we’ve infringed your copyright, contact our DMCA Agent:

Designated Agent
 Prowaken LLC – Legal Department
 Email: 
legal@prowaken.com

Include “Re: Claim of Copyright Infringement” in the subject line and provide the six items required by the DMCA (signature, identification of the work, location of the infringing material, contact info, good-faith belief statement, and per-jury accuracy statement).

If we remove your content and you think it was a mistake, you may send a counter-notice with the same six elements (your signature, identification of the removed material, statement of good-faith belief, contact info, and consent to jurisdiction). Repeated infringers may have their accounts terminated.

 

25. Contact Us

Questions, comments, or concerns? Reach out to our Legal Department:

Email:legal@prowaken.com