Effective Date: August 14, 2025
Before you get started, You must read and accept these terms of service.
These Terms of Service ("Terms") form a legal agreement between you ("You" or "your") and Proto Global, LLC ("Proto", "we", "our", or "us"), an affiliate of Block, Inc., with its principal place of business at 1955 Broadway, Suite 600, Oakland, CA 94612, United States of America. These Terms govern your purchase and/or use of Proto mining hardware and chips ("Hardware") and Proto Fleet software ("Software"). The Hardware and Software are collectively referred to as the "Service(s)". You can learn more about our products and services, as well as access customer support through our website at proto.xyz.
By purchasing Hardware or using the Software, You represent and affirm that You are at least 18 years old, have the legal capacity to agree to these Terms and You agree to be legally bound by these Terms in their entirety. Your use of the Services is also subject to our Privacy Notice, located at: proto.xyz/privacy.
PLEASE NOTE THAT YOU SHOULD REVIEW ALL TERMS CAREFULLY, INCLUDING THOSE PROVISIONS WHICH LIMIT OUR LIABILITY (SEE SECTION 4(E)) AND THOSE REGARDING INDIVIDUAL ARBITRATION FOR POTENTIAL LEGAL DISPUTES (SEE SECTIONS 4(H)).
A. Payments. When You make a purchase of Hardware from us, You authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges or fees) that may be accrued by or in connection with your purchase. Depending on your location, certain payment methods may not be available. You are responsible for the timely payment of all fees and for providing a valid payment method. All amounts charged are payable in your selected currency and You agree to the currency conversion rates determined by the payment processor.
B. Shipping. We will ship the Hardware using a carrier selected by us. You are responsible for ensuring the address listed on your order form and/or agreement is correct. We will use commercially reasonable efforts to deliver your Hardware in accordance with the quoted shipping estimates, but in certain cases, we may be unable to do so. Events beyond our reasonable control can affect the delivery of your Hardware after we provide it to the carrier. Therefore, we are not liable for late shipment or delivery or any loss, damage, or penalty You incur from any delay in shipment or delivery due to events beyond our reasonable control.
C. Hardware Warranty. Our Hardware warranty terms are governed by the Proto Hardware Limited Warranty Terms, which are incorporated by reference into these Terms. The warranty period is one (1) year from the date Hardware is made available to You if your shipping address is in the United States or other jurisdictions outside of the European Union, and two (2) years if your shipping address is in the European Union. For complete warranty terms, limitations, and claim procedures, please refer to our Hardware Warranty Terms at proto.xyz/warranty (http://proto.xyz/warranty).
A. Proto Fleet Overview
Proto Fleet ("Software") is a fleet management software solution that enables users to provision, monitor, track, and manage multiple Proto and non-Proto mining systems. The Software provides capabilities for fleet-wide monitoring, control, and optimization of mining operations.
B. License Grant
Subject to your compliance with these Terms, Proto grants You a limited, non-exclusive, non-transferable, non-sublicensable license to use the Software in connection with Proto and non-Proto Hardware for your mining operations. This license is personal to You and cannot be transferred or sold.
C. Software Updates
We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Software ("Updates"). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you disable automatic Updates, certain features of the Software may not operate properly or may not operate at all, which is at your own risk.
D. Restrictions
You agree not to, and will not permit others to:
- Remove, alter or obscure any proprietary notice of Proto or its affiliates
- Use the Software in violation of any applicable laws or regulations
- Attempt to circumvent any user limits or other license, timing or use restrictions that are built into the Software
- Use the Software in any manner that could damage, disable, overburden, or impair our servers or networks
E. Third-Party Integrations
The Software may offer integrations with third-party services. Use of such integrations may be subject to additional terms and conditions. Proto makes no warranties about, and bears no liability for, third-party integrations.
F. Service Level Commitment
While we strive to maintain high availability of the Software, we do not guarantee uninterrupted access. Maintenance, security updates, and technical issues may cause temporary interruptions to the Service.
G. Security Requirements
You are responsible for:
- Maintaining the security of your local network where the Software is deployed
- Protecting access credentials and managing user permissions
- Implementing appropriate security measures to protect your mining operations
- Promptly reporting any security vulnerabilities or unauthorized access
H. Termination of Access
We reserve the right to suspend or terminate access to the Software if:
- You violate any provision of these Terms
- Your use of the Software poses a security risk
- You fail to maintain current payment for any paid features or services
- We suspect fraudulent or unauthorized use
I. Effect of Termination
Upon termination:
- Your license to use the Software will immediately terminate
- You must cease all use of the Software
- You must delete any local copies of the Software
- You will lose access to any data stored within the Software
A. Intellectual Property Rights
We grant You a royalty-free, limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Services as authorized under these Terms. For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
We reserve all rights not expressly granted to You in these Terms. The Services are protected by copyright, trademark, patent and other laws of the United States and other countries. These Terms do not grant You any rights to our trademarks or service marks.
B. Feedback
We may from time to time ask You to participate in a beta test or similar programs or activities regarding Services, or You may give us feedback, comments, reviews, ideas or suggestions ("Feedback") on a solicited or unsolicited basis. You agree that your Feedback, solicited or unsolicited, will be the intellectual property of solely Proto, and Proto will have the rights to use and disclose such Feedback in Services. You shall have no claim or right to any compensation of any kind, direct or indirect, relating to the Services or use, sale, licensing, distribution of Services incorporating feedback by Proto, Proto's affiliates, or Proto's users.
C. Representations and Warranties
You represent and warrant to us that:
(a) You are at least eighteen (18) years of age
(b) You are legally eligible to use the Services and have the right, power, and ability to enter into and perform under these Terms
(c) Any information You provide in connection with the Services is accurate and true
(d) You and all transactions initiated by You will comply with all federal, state, and local laws, rules, and regulations applicable to you
(e) You will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services
(f) Your use of the Services will be in compliance with these Terms
D. No Warranties
THE SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PROTO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PROTO DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
E. Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROTO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE.
UNDER NO CIRCUMSTANCES WILL PROTO BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PROTO IS LIMITED TO THE AMOUNT YOU PAID TO PURCHASE THE HARDWARE.
F. Third Party Products and Services
You may be offered services, products, and promotions provided by third parties and not by us ("Third Party Services"). If You decide to use Third Party Services, You will be responsible for reviewing and understanding the terms and conditions for these Third Party Services. We are not responsible or liable for the performance of any Third Party Services. Further, You agree to resolve any disagreement between You and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not us.
G. Indemnity
You agree to indemnify and hold Proto (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs (including taxes, penalties and interest), resulting from or arising out of (i) your violation of these Terms, (ii) your use of the Services (including negligent or wrongful conduct), (iii) your failure to timely report, remit, or pay any applicable taxes associated with your purchases subject to these Terms, or (iv) your breach of any applicable laws or regulations in connection with your use of the Services.
H. Binding Individual Arbitration
This Section 4(H) applies to all disputes between You and Proto.
You and Proto agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. "Disputes" are defined as any claim, controversy, or dispute between You and us, our processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether based on past, present, or future events, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST PROTO.
Before an arbitration is commenced, You or Proto must first send to the other party a written notice ("Notice"). Any Notice to us should be sent by certified mail to: Proto Global, LLC, 1955 Broadway, Suite 600, Oakland, CA 94612, USA. Any Notice sent to You will be sent to the e-mail address on file for your account. The Notice must: (i) include your name and Hardware serial number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Both parties agree that they will attempt to resolve a Dispute through an informal negotiation within thirty (30) days from the date the Notice is sent. After that thirty (30) day period and not before, either party may commence arbitration.
If we are not able to resolve the Dispute by informal negotiation or in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the "Arbitrator") administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Consumer Arbitration Rules through the Procedures for the Resolution of Disputes through Document Submission (the "AAA Rules"). The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies.
The arbitration hearing will occur in San Francisco, California; provided, however, that if circumstances prevent You from traveling to San Francisco, the Arbitrator may hold an in-person hearing in your hometown. The Arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
I. Governing Law
These Terms and any Dispute will be governed by California law and/or applicable federal law, without regard to its choice of law or conflicts of law principles. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
J. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You and any attempted transfer or assignment will be null and void. Proto may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
K. Term and Termination
We may terminate these Terms or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services or non-compliance with these Terms, or if we withdraw Services or any component thereof. We will take reasonable steps to notify you of termination by sending a notice to your registered email address.
In the event of termination:
(a) the license and any other rights granted under these Terms will end
(b) You must immediately cease use of all Services
(c) You must delete or remove all Software from your systems
(d) Proto may (but has no obligation to) delete your information and account data stored on our servers
(e) Proto will not be liable to You or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services
The following sections shall survive termination: Intellectual Property Rights, Feedback, Warranties, Limitation of Liability, Indemnification, Arbitration, Governing Law, and any other provisions designed to survive termination.
L. Notices and Modifications
We may amend these Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to You through the Services (each a "Revised Version"). The Revised Version will be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.
Any notices or other communications provided by Proto under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
M. Other Provisions
1. Entire Agreement. These Terms constitute the entire agreement between You and Proto regarding the Services and supersede all prior agreements and understandings.
2. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
3. Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Proto's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
4. Force Majeure. Proto shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, pandemic, epidemic, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties.
5. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which You obtained the Services, and any other applicable laws.
6. Language. These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version conflicts with the English version, the English version controls.
If You have any questions about these Terms or the Services, please contact us at https://proto.xyz/contact.
Company Information:
Proto Global, LLC
1955 Broadway, Suite 600
Oakland, CA 94612
United States of America
Website: proto.xyz