Terms of Use

1. INTRODUCTION

Welcome to the official website of Pro Capital Art (PCA).
These Terms of Use (“Terms”) govern the relationship between Pro Capital Art (“Company”, “we”, “our”, “us”) and any person or entity (“User”, “you”, “your”) accessing or using our services, resources, or features available under the PCA brand (collectively, the “Service”).

These Terms are a legally binding agreement establishing the framework and rules for using and accessing our Service and any other related services provided by the Company. By engaging with our Service, you acknowledge that you have carefully read, understood, and agreed to be legally bound by these Terms, as well as by our Anti-Money Laundering and Counter-Terrorist Financing Policy (AML/CFT Policy). You further accept all related risks and responsibilities arising from such use.

All Users must use the Service in full compliance with these Terms.
Minors may only use the Service with the prior consent of their parents or legal guardians. Where a User acts on behalf of a corporate entity or other business organization, that entity must also accept these Terms prior to using the Service.

If specific or Separate Terms apply to certain sections or functions of the Service, the User must comply with both these Terms and such Separate Terms simultaneously.

You agree to use the Service solely for lawful and legitimate purposes and in accordance with all applicable laws and regulations.

Important notice: If you do not agree to these Terms or any of their provisions, you must immediately discontinue the use of this Website and all related Services.
For any questions regarding these Terms of Use, please contact us at: info@procapitalart.com

2. DEFINITIONS

For the purposes of these Terms, the following terms shall have the meanings assigned to them below. All references to the singular include the plural and vice versa, and all references to gender include all genders unless the context otherwise requires.

“Account” - an individual user record created by PCA for the identification and management of each User upon commencement of Service use.
“AML Policy” - a set of internal rules and controls developed to prevent the misuse of PCA’s business for money laundering, terrorist financing, or violation of international sanctions.
“Anti-Money Laundering (AML)” - procedures and practices aimed at detecting and preventing the legitimization of illicit funds through our Services.
“Content” - all information accessible through the Service, including text, music, sounds, images, videos, software, code, and other materials, whether owned by PCA or third parties.
“Fee” - any commission, service charge, or other payment established by PCA for the use of its Services.
“Fee-Based Service” - any service, function, or content provided to Users on a paid basis (including exchanges involving PCA’s paid products).
“Force Majeure” - extraordinary, unforeseeable, and unavoidable events beyond the reasonable control of either Party, making performance of obligations impossible or impracticable, as detailed in Section 15 herein.
“Know Your Client (KYC)” - customer identification and verification procedures ensuring compliance and risk assessment standards.
“Law” / “Applicable Law” - all relevant legal acts, regulations, decrees, and judicial or administrative decisions issued by competent authorities of the United Kingdom having jurisdiction over PCA, the User, or their transactions.
“Money Laundering” - shall include, but not be limited to:
1. conversion or transfer of property known to be derived from criminal activity to conceal its illicit origin or to assist any person involved therein in avoiding legal consequences;
2. concealment or disguise of the true nature, source, location, disposition, or ownership of property known to be derived from such activity;
3. acquisition, possession, or use of property known, at the time of receipt, to have been obtained from criminal activity;
4. participation in, facilitation of, or attempt to commit any of the foregoing acts.
“Parties” - collectively, PCA and the User(s).
“Customers” - individuals making use of PCA’s online shop or similar commercial offerings.
“Privacy Policy” - internal regulations governing the collection, storage, processing, and use of personal data in compliance with applicable law.
“Prohibited Countries” - jurisdictions under international sanctions or those requiring specific licenses, where PCA does not provide services. These include, inter alia: Afghanistan, Burundi, Iran, Iraq, Lebanon, Libya, Mali, Myanmar, Nicaragua, North Korea, Somalia, South Sudan, Sudan, Syria, Tunisia, Venezuela, Yemen, Zimbabwe, Abkhazia, Cambodia, Crimea, Donetsk, Luhansk, South Ossetia, Kosovo, Gabon, Honduras, and others as updated by PCA.
“Politically Exposed Person (PEP)” – an individual who currently holds or has previously held a prominent public function, as well as their close family members or associates.
“Separate Terms” - any additional agreements, policies, or guidelines issued by PCA under titles such as “Terms”, “Guidelines”, or “Policies”, applicable to specific parts of the Service.
“Services” - all features, functionalities, and offerings provided by PCA through its Website.
“Submitted Content” - any materials or data uploaded, transmitted, or made available by Users through the Service.
“Terrorist Financing (TF)” - direct or indirect provision or collection of funds with the intent or knowledge that they will be used to carry out acts of terrorism as defined by international conventions.
“User(s)” / “You” - any natural or legal person with full legal capacity who accesses or uses PCA’s Website or Services and agrees to these Terms.
“Website” - the official PCA website located at https://procapitalart.com

3. OUR SERVICES

By visiting the PCA Website, you gain access to the following primary sections:

Main
Events
Shop
Reviews
Sign In and other related pages.

Users are solely responsible for obtaining and maintaining, at their own cost, all necessary equipment, devices (including PCs, smartphones, and tablets), operating systems, communication tools, and electricity required to access and use the Service.

PCA reserves the unilateral right, at any time and at its sole discretion, to modify, suspend, or discontinue all or part of the Service without prior notice, whenever it deems such actions necessary.
The Service may be temporarily or permanently unavailable under the following circumstances:

system maintenance or technical upgrades;
force majeure events as described in Section 12;
system overloads or malfunctions;
emergency situations affecting User or public safety;
or any other situation reasonably determined by PCA as requiring such action.

PCA shall not be liable for any inconvenience or loss resulting from such interruptions or modifications.

4. CREATING AN ACCOUNT

To access certain features or parts of the Service, a User may be required to create an Account by providing specific registration data. When creating an Account, you agree to provide complete, accurate, and up-to-date information and to promptly update such data whenever changes occur.

If Users register authentication credentials (such as passwords or identifiers), they must safeguard such information with due care and confidentiality. The User bears full responsibility for all actions performed using their authentication data. PCA reserves the right to consider any activity carried out through a registered Account as performed by the corresponding User.

Users acknowledge that certain Service functions may be accessible without Account creation; however, in such cases, data or Submitted Content may not be retained when changing devices. Furthermore, any purchased content, records, or Service data may be permanently lost without prior notice in the following situations:

uninstallation of the Service;
replacement or malfunction of a communication device;
or any other cause beyond the control of PCA or the User.

PCA reserves the unilateral right, without prior notice, to:

temporarily suspend or close the Service for maintenance;
block or restrict a User’s access to the Service;
or terminate the operation of a specific project or part thereof.

Each Account is intended solely for personal and exclusive use by the User to whom it is registered. The transfer, lease, or assignment of rights of use to any third party is strictly prohibited. Account rights are non-transferable and non-inheritable.

5. TERMINATION AND SUSPENSION

This section defines the procedures and grounds under which PCA may suspend, restrict, or terminate a User’s Account to ensure compliance with the Terms and safeguard the integrity of the Service.

PCA may at its discretion restrict, suspend, or terminate a User Account, or block access to specific Services, under the following circumstances:

creation or use of an Account for unlawful purposes (including the suspension of related transactions and notification of competent authorities);
violation of these Terms or any applicable laws;
engagement in illegal or unethical conduct;
evidence or suspicion of fraudulent or irregular activity;
requests or orders from regulatory or governmental bodies;
precautionary action to prevent potential breaches;
indication that the User’s activity involves or facilitates money laundering, terrorist financing, corruption, or other unlawful operations.

A User may also be permanently banned for acts of fraud, cheating, or any deliberate manipulation of PCA systems.

PCA retains the right to delete Accounts that have remained inactive for twelve (12) consecutive months without prior notification to the User.
Upon deletion or termination of an Account, all related rights to use the Service shall immediately cease. Deleted Accounts cannot be restored, including cases of accidental removal by the User.

Users retain the right to appeal termination or suspension by submitting a written explanation to info@procapitalart.com, detailing the circumstances and providing relevant supporting information.

6. USER ELIGIBILITY CRITERIA AND CONDUCT

To ensure compliance with international and local regulations, PCA applies strict eligibility requirements for all Users.

By using our Services, you confirm that:

you are of legal age, or a minor acting with the explicit consent of a parent or legal guardian; and
you reside in a jurisdiction where PCA Services are lawfully available.

Users from Prohibited or Restricted Countries, as defined in Section 2 and in the Company’s AML/CFT Policy, are expressly forbidden from registering or using the Service. This includes individuals who are citizens, residents, or entities incorporated in such jurisdictions, or who are subject to international sanctions.
You further agree not to engage in or facilitate any transactions with persons or entities from such prohibited territories.

If at any time a User no longer satisfies the above criteria, PCA reserves the right to restrict, suspend, or permanently deactivate their Account.

Prohibited Conduct

Users are strictly prohibited from engaging in the following acts when using the Service:

violating any applicable laws, administrative or judicial orders, or binding government regulations;
performing acts contrary to public order, morality, or established social norms;
infringing intellectual property, privacy, reputation, or other legal rights of PCA or third parties;
impersonating PCA representatives or third parties, or disseminating false or misleading information;
converting or selling Service rights or Content for monetary or other benefit, except where explicitly authorized by PCA;
using the Service for unauthorized commercial, promotional, or advertising purposes;
cooperating with or benefiting any anti-social, criminal, or extremist groups;
conducting or promoting religious, political, or ideological propaganda;
collecting or distributing personal data, user history, or similar information without authorization;
interfering with Service operation, exploiting system vulnerabilities, using bots, cheats, or any manipulative tools, or otherwise hindering PCA’s functionality;
decompiling, disassembling, or reverse-engineering the Service’s software code for any unlawful or unethical purpose;
assisting, encouraging, or promoting any of the aforementioned prohibited acts;
any other behavior that PCA, in its reasonable discretion, deems inappropriate or harmful to the Service, other Users, or the public interest.

If PCA suffers any direct or indirect damage (including attorney’s fees) resulting from a User’s conduct, or if any third-party complaint arises due to such behavior, the User shall be obliged to fully indemnify PCA upon first demand.

7. FEES AND TAXES

Certain operations or functionalities within the Service may be subject to fees or commissions established by PCA.
Users acknowledge and agree that all such charges, rates, and payment conditions are determined solely by the Company and may be amended from time to time at its discretion.

Information on applicable fees will be communicated to Users through official channels - including, but not limited to, email notifications, internal Service messages, or publication on the official website.
Users are solely responsible for reviewing and remaining informed about updates to such fees and commissions.

All applicable taxes, duties, or other fiscal obligations arising from the use of the Service shall be borne by the User in accordance with relevant tax laws of their jurisdiction. PCA assumes no responsibility for the User’s tax compliance or reporting obligations.

8. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, including but not limited to copyrights, trademarks, logos, trade names, software, databases, and other materials appearing on the Website or within the Service, are the exclusive property of PCA or its respective licensors and are protected under applicable domestic and international laws.

Users acknowledge that the use of any Content provided by PCA is limited strictly to personal, non-commercial purposes within the framework defined by these Terms.
Even where the Service interface includes terms such as “Purchase” or “Sale,” such wording does not imply any transfer of ownership rights. All intellectual property and associated proprietary rights remain vested in PCA. Users are granted only a limited, non-exclusive, non-transferable right of use as expressly provided herein.

Users are prohibited from engaging in any of the following actions without PCA’s prior written consent:

copying, reproducing, modifying, adapting, translating, or creating derivative works from PCA Content;
distributing, selling, sublicensing, or publicly displaying the Content or any part thereof;
removing, altering, or obscuring any proprietary notices, marks, or attributions contained within the Service;
or using PCA trademarks or branding elements in any way that could mislead or cause confusion.

Users retain ownership of any Submitted Content created or uploaded through the Service. However, by submitting such Content, the User grants PCA a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such materials for operational, promotional, or developmental purposes.
This license includes the right to edit or abbreviate Submitted Content, as PCA deems necessary, and to sublicense such rights to third parties cooperating with the Company.

Where intellectual property belongs to third parties, PCA neither claims ownership nor assumes liability for any such materials. Users must comply with all applicable third-party license terms and conditions.

PCA reserves the right, in compliance with applicable law, to review, monitor, or remove any Submitted Content if it reasonably suspects a violation of law, these Terms, or third-party rights. PCA, however, bears no obligation to perform such review on a routine basis.

Any unauthorized use or infringement of PCA’s intellectual property shall constitute a material breach of these Terms and may result in civil and criminal liability under applicable law.

9. THIRD-PARTY WEBSITES AND SERVICES

The Website or Service may contain references, links, advertisements, or embedded materials originating from third parties (“Third-Party Content”).
PCA does not control and is not responsible for the availability, accuracy, or reliability of such Third-Party Content, nor does inclusion of such links imply endorsement or association.

Users acknowledge that any interaction with third-party websites or services occurs solely at their own discretion and risk.
PCA shall not be liable for any direct or indirect damage, data loss, or inconvenience resulting from the use of or reliance upon Third-Party Content or services.

We strongly recommend that Users carefully review the Terms of Use and Privacy Policies of all third-party websites visited through links from our Service to understand their respective rights and obligations.

The Service may also display advertising materials supplied by PCA or by authorized third parties.
All responsibility for such advertisements, including their accuracy and compliance, rests solely with the relevant advertiser.

10. PRIVACY POLICY AND PERSONAL DATA PROTECTION

PCA values the confidentiality and security of your personal information and undertakes to protect it in full compliance with applicable data protection laws and regulations.

The Company collects, stores, processes, and uses personal data solely for legitimate and specified purposes, as described in the Privacy Policy, which forms an integral part of these Terms.
By using our Website or Services, you confirm that you have read, understood, and agreed to the Privacy Policy, including the manner in which your personal data is handled.

PCA complies with the UK Data Protection Act, as well as, for EU residents, the provisions of Regulation (EU) 2016/679 (GDPR).
All personal data collected is processed lawfully, fairly, and transparently. We adopt appropriate technical and organizational measures to protect your information against unauthorized access, alteration, disclosure, or destruction.

Personal information may be collected in two primary ways:

Voluntarily provided data - information that you provide directly when registering, communicating with us, or using our Services.
Automatically collected data - information obtained through technological means (e.g., cookies, logs, or analytics) when you access or interact with our website.

The processing of personal data may be carried out on the following lawful grounds:

execution or preparation of a contract between you and PCA;
fulfillment of legal obligations;
protection of legitimate interests of PCA, provided that such interests do not override your rights and freedoms;
and your explicit consent.

The Company undertakes to use your personal data only for purposes specified in the Privacy Policy or as required by law.
Your data will not be sold or disclosed to third parties except in cases permitted by law or necessary for service delivery (e.g., hosting providers or partners bound by confidentiality obligations).

Users are encouraged to review the full Privacy Policy and Cookie Policy to understand the scope, duration, and method of data collection and processing.
By continuing to use our Services, you confirm your acknowledgment and acceptance of these terms.

11. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

The Services and all related materials are provided by PCA “as is” and “as available”, without any express or implied warranties or representations of any kind.
PCA makes no guarantees regarding the accuracy, completeness, reliability, or suitability of the Services for any particular purpose, nor does it warrant uninterrupted or error-free operation.

Users acknowledge that the operation of the Service depends on technologies, networks, and third-party systems beyond PCA’s control.
Therefore, PCA assumes no responsibility for:

technical malfunctions, hardware or software failures, or connectivity issues;
the introduction or presence of malicious software within the Service environment;
temporary unavailability of the Website or Service;
or any other factors beyond PCA’s reasonable control.

All information on the Website is provided for general informational purposes only.
PCA does not provide investment, financial, legal, or trading advice, and Users should seek independent professional consultation before making any decisions based on such information.

The Company, its directors, employees, affiliates, and partners shall not be liable for any direct, indirect, incidental, or consequential damages arising out of:

use or inability to use the Service;
transmission errors, unauthorized access, or data loss;
third-party conduct or content;
or User’s reliance on any materials provided through the Service.

In any event, PCA’s aggregate liability for damages arising from or relating to the use of the Service shall not exceed the total amount of fees actually paid by the User for the specific paid service that directly caused such damages.
Claims for lost profits, consequential damages, or indirect losses are expressly excluded.

Users acknowledge and agree that use of the Service is at their own risk, and that they bear full responsibility for any consequences arising from their interactions with PCA platforms.

12. FORCE MAJEURE

Neither PCA nor the User shall be held liable for any delay, failure, or interruption in performance of obligations under these Terms resulting from Force Majeure events - that is, circumstances beyond the reasonable control of either Party which render performance impossible, impractical, or excessively burdensome.

Such events include, but are not limited to:
natural disasters, fires, floods, earthquakes, wars, armed conflicts, terrorist acts, riots, strikes, epidemics, governmental restrictions, system failures, internet or power outages, or other causes that could not reasonably have been foreseen or prevented.

In the event of a Force Majeure occurrence, the affected Party shall promptly notify the other Party of:

the nature of the event;
its expected duration (if determinable); and
the extent to which performance may be affected.

During the period of Force Majeure, the affected Party shall be relieved from liability for non-performance to the extent that such failure results directly from the Force Majeure event.
Upon cessation of such circumstances, obligations shall resume under the same conditions as prior to their suspension.

PCA shall not be liable for any losses, damages, or delays arising from Force Majeure, and Users acknowledge that such circumstances are beyond the Company’s control.

13. ANNOUNCEMENTS AND NOTIFICATIONS

To maintain effective communication and transparency, PCA may issue announcements, updates, and other important notifications relevant to the use and operation of the Service.
Such communications may include, but are not limited to: changes to these Terms, updates to internal policies, service interruptions, security alerts, or other essential information concerning Users.

Announcements may be distributed through various channels, including publication on the official Website, internal Service messages, or via email.
All such notifications shall be deemed duly communicated once published or sent through any of these official channels.

Users are solely responsible for regularly reviewing such announcements and ensuring awareness of any updates or changes that may affect their use of the Service.
PCA shall bear no responsibility for any loss, damage, or inconvenience suffered by Users as a result of their failure to read, respond to, or act upon the information contained in these notices.

By continuing to use the Service after such announcements are issued, Users acknowledge that they have read and accepted the communicated information.

14. INTERACTION AND COMMUNICATION WITH PCA

The Company encourages Users to maintain open and constructive communication in all matters relating to the use of our Website, Services, and these Terms.
Should you have questions, concerns, or require clarification regarding any section of these Terms or PCA’s policies, you may contact us through the official communication channel: info@procapitalart.com.

When submitting any correspondence or inquiries to PCA, Users are expected to communicate respectfully and refrain from any use of offensive, aggressive, or inappropriate language.
Messages containing threats, insults, or other forms of unacceptable expression may not be processed.

Our support representatives will respond as promptly as possible and may request additional details to verify your identity or to clarify the issue.
The Company reserves the right to disregard inquiries that are repetitive, irrelevant, or unrelated to the subject matter of the Service.

Users acknowledge that electronic correspondence (including emails and online messages) constitutes an official means of communication between the Parties and may serve as documentary evidence of interactions.

15. APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms of Use, as well as all rights and obligations arising from or related to them, shall be governed by and construed in accordance with the laws of the United Kingdom.
Both the Company and the Users submit to the exclusive jurisdiction of the competent courts of the United Kingdom.

In the event of any disagreement, dispute, or claim arising out of or in connection with these Terms, the Parties shall first attempt to resolve the matter amicably through negotiation.
Each Party agrees to act in good faith and use its best reasonable efforts to achieve a mutually acceptable resolution.

Negotiations shall be conducted for a minimum period of thirty (30) calendar days from the date one Party notifies the other of the existence of a dispute.
If, after this period, the Parties are unable to reach agreement, the dispute shall be referred to the competent court in accordance with the jurisdiction specified above.

Any decision or judgment rendered by such court shall be final and binding upon both Parties.
Users agree to file any claims or actions arising from these Terms within one (1) year of the date on which the claim first arose.
Failure to do so shall result in the permanent waiver of such claim.

Nothing in this Section shall prevent PCA from seeking immediate injunctive or equitable relief in cases of infringement of its intellectual property rights or other breaches causing irreparable harm.

16. REIMBURSEMENT AND INDEMNIFICATION

Users agree to indemnify, defend, and hold harmless Pro Capital Art (PCA), its officers, directors, employees, affiliates, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, and legal fees (including reasonable attorney’s fees) arising directly or indirectly from:

any violation of these Terms by the User;
any unlawful, improper, or negligent use of the Services;
any transfer or disclosure of Account access to third parties; or
any infringement of third-party rights, including intellectual property or privacy rights, committed by the User.

This indemnification obligation shall apply regardless of whether the alleged damage arises from the actions of the User, their representatives, employees, or third parties accessing the Service through the User’s credentials.

If PCA incurs any financial or reputational loss as a result of a User’s conduct or breach, the User shall, upon PCA’s written demand, fully compensate the Company for such loss without delay.

The obligations set forth in this Section shall survive the termination, suspension, or expiration of these Terms, as well as the cessation of the User’s access to or use of the Service.

17. CHANGES TO THESE TERMS OF USE

PCA reserves the right, at its sole discretion and at any time, to amend, supplement, or revise these Terms of Use, in whole or in part, where such modifications are deemed necessary or appropriate for the operation of the Service, compliance with law, or internal policy updates.

All amendments shall take effect from the date of their publication on the official website, unless otherwise specified.
PCA may, at its discretion, also inform Users of significant updates through additional communication channels (such as email or Service notifications).

Users are solely responsible for regularly reviewing the most current version of these Terms available on the Website.
Continued use of the Service after any such changes constitutes full acceptance of the revised Terms.

If a User does not agree with the updated Terms, they must immediately cease using the Service and, if applicable, close their Account.
The termination of use shall not exempt the User from obligations or liabilities incurred prior to such termination.

18. FINAL PROVISIONS

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court or authority, such determination shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

In any matters not expressly regulated by these Terms, the applicable laws of the United Kingdom shall govern.
In the event of any conflict between the English version of these Terms and a translation into another language, the English version shall prevail.

Headings and section titles in these Terms are provided for convenience only and shall not affect their interpretation.

The failure of PCA to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

For all inquiries or official correspondence concerning these Terms or the Service, Users may contact the Company via email at:
info@procapitalart.com