Terms and Conditions of PByT Service
Effective Date: January 1, 2024
Welcome to the Powered by Trust (PByT) website. This Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Website and PByT Services (as defined below). This TOS describes your rights and responsibilities and what you can expect from the PByT Service. Use of the PByT (the “Website) and any associated PByT services constitutes your acceptance of and agreement to this TOS.
PByT reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, then you should not use the Website and any associated PByT Services. Your continued use of the Website and any associated PByT services following posting of a change notice or new TOS on the Website will constitute binding acceptance of the changes.
1. The PByT Service
1.1 PByT is a search engine that provides a central location for giving feedback as well as checking on feedback in order to help members make better-informed commercial and non-commercial decisions. PByT brings integrity to all online transactions and interactions by ensuring that feedback is from real people whose identity has been verified.
1.2 PByT expands the social obligation of the business sector beyond delivering profits to include the building, maintaining and preserving of social capital through the concept of a Global Social Capital Fund (GSCF), based on a Social Capital Levy included in the fee structure of the Business & Group Plan, equal to 1%-2.5% of revenue.
1.3 The GSCF represents a rebalancing of the global economy following the Industrial Age economic experiment of deregulation and privatization, which created new efficiencies but also exacerbated inequality, poverty and disadvantage through the failure of trickle-down economics.
1.4 The building, maintaining and preserving of social capital occurs through the PByT Partner Program (Partner Program).
1.5 The Partner Program includes non-profit groups and organizations that join PByT and are accepted into the program.
1.6 The Social Capital Levy (less taxes, fees, charges and establishment costs) provides the funding for the GSCF, as well as the funding for the Founding Partner Program (FPP).
1.7 100% of the GSCF will be distributed through the Partner Program based on the following method:
- A subscription unit price is calculated based on the GSCF balance at the time of distribution divided by total number of Subscriber Points.
- For each member of the Partner Program, the total number of Subscriber Points is multiplied by the subscription unit price to arrive at the raw revenue amount.
- The raw revenue amount is adjusted up or down, depending on the reputation of each Partner Program member to arrive at the final amount. This rewards the best performing partners and encourages the poor performing to do better.
1.8 Subscriber Points is based on the number of PByT members who support the Partner Program member by formally subscribing to their service or profile, in their account.
1.9 The GSCF distributions will commence once the fund balance reaches or exceeds US$500 million.
1.10 Distributions will be made annually to members of the Partner Program that have at least 100 subscribers and have been PByT members for at least six months.
1.11 Revenue distributions are dependent on members of the Partner Program maintaining a positive PByT reputation rating.
1.12 The Social Capital Levy may increase over time to meet economic challenges like job automation or to deal with exceptional circumstances like severe economic downturns or social or environmental disasters. Any such increases will be dependent on majority agreement of PByT members, based on the PByT feedback service.
1.13 The FPP is funded from the Social Capital Levy that applies to a small number of founding corporate partners. The proceeds are used for research, development and promotion of the PByT service.
2. Use of the Web Site and PByT Service
2.1 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use PByT Services and the Website.
2.2 Group Plan members, on request, agree to provide independently certified evidence to verify revenue used to calculate the annual subscription fee within 30 days of the request being made.
2.3 Nonprofit Group Plan members, on request, agree to provide independently certified evidence to verify their nonprofit status within 30 days of the request being made.
2.4 Personal plan members, on request, agree to provide evidence of their identity within 30 days of the request being made.
2.5 Third-Party Services. PByT may use third parties to provide certain services accessible through the Website. PByT does not control those third parties or their services, and you agree that PByT will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with PByT TOS, agreements or policies, you must comply with PByT TOS, agreements or policies, as applicable.
3. General Rules
You may only use PByT Services as expressly permitted by PByT .
3.1 Prohibited Use includes selling or promotion of:
- Counterfeit or unauthorized goods
- Gambling
- Regulated or illegal products or services
- Adult content and services
- Drug paraphernalia
3.2 You may not cause harm to the Website or any PByT Services. Specifically, but not by way of limitation, you may not:
- Interfere with PByT Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- Set up a personal account using a fake name, pseudonym or anything else other than your real, legal name.
- Set up and use a personal account, either Basic or Premium, as a proxy for a group, entity or an organization.
- Set up multiple accounts using the same credit card.
- Use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology;
- Collect electronic mail addresses or other information from third parties by using PByT Services;
- Impersonate another person or entity;
- Engage in activity, as determined by PByT, with the aim of misleading other members. This includes, but not limited to, using fake names, avatars and generic images instead of actual images of the member in personal member profiles.
- Engage in activity, as determined by PByT, with the aim of maliciously harming the reputation of another person or entity;
- Engage in any activity including but not limited to harassing, stalking, bullying or providing false testimony that interferes with another member’s ability to use or enjoy PByT Services;
- Assist or encourage any third party in engaging in any activity prohibited by this TOS.
- Infringe copyright legislation and regulations when posting items for feedback or discussion.
- Add items for feedback in the Products or Services sections for items you do not legally own.
- Add duplicate Issues entries seeking feedback on products, services or articles.
3.2 Privacy Policy. By entering into this TOS, you agree to PByT collection, use and disclosure of your personal information in accordance with the Privacy Policy.
4. Reservation of Rights
4.1 PByT reserves the right to modify the organization, structure or “look and feel” of PByT Services or the Website, and may change, suspend, or discontinue any aspect of any PByT Service at any time without any liability to you or any third party.
4.2 PByT shall have complete discretion over the features, functions, prices and other terms and conditions on which any PByT is offered to PByT users.
5. Submissions
When you complete surveys, ratings, submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant PByT permission to use such Submissions in any way it deems appropriate to its core business of reputation management. You agree that PByT will have no obligation to keep any Submissions confidential. You will not bring a claim against PByT based on “moral rights” or the likes arising from PByT use of a Submission.
6. Representations and Warranties
6.1 Mutual Representations and Warranties. You represent and warrant to PByT and PByT represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
7. Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. PByT PROVIDES THE WEBSITE AND ASSOCIATED SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. PByT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ANY ASSOCIATED SERVICES OR THEIR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. PByT MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8. Limitation of Liability
PByT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR DAMAGE TO REPUTATION) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PByT SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS. IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED US$100.
9. Indemnification
You agree to indemnify and hold PByT and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. Under this Section, PByT will have the right to control the defense, settlement and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without PByT express written permission.
10. Termination
10.1 In its sole discretion PByT may terminate, cancel or suspend access to this service AND any associated services in the following circumstances:
(i) For breaching any of the terms and conditions of membership as outlined in this TOS,
(ii) For having outstanding Subscription and other Payments for more than 30 days.
(iii) For abusive, deceitful or inappropriate conduct that results in the reputation rating gauge going into the "Red Zone" and staying there.
(iv) For setting up multiple accounts using the same credit/debit card.
(v) For setting up a personal account using a name other than the real, legal name.
10.2 Effect of Termination. If you or PByT terminates your use of the Website or associated Services, PByT will archive any Content or other materials relating to your use of the PByT Service on PByT servers or otherwise in its possession and PByT will have no liability to you or any third party for doing so.
11. Dispute Resolution
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.