Terms of Service
Created on 8 January, 2023 | Legal | 173 views | 15 minutes read
For the purposes of this agreement the words "Proofma", "RPAiX", "We", "Our" and "Us" refer to RPAiX and "Site" to materials delivered on www.rpaix.com and other co-branded versions of the site and other applications developed owned and operated by RPAiX.
We are glad you visited Proofma. Proofma, a social proof cloud-based SaaS platform that provides information and urgency to your visitors (the "Platform"), is your welcome. These Terms of Service (the “Terms”) are a legally binding agreement between RPAiX, LLC., a California-based company (the “Company", RPAiX” "we" or the "us”) and govern your use the Company's services that can be accessed via the Platform (the „Service”).
By using the Service, you agree to the Terms and comply with all applicable laws, rules, and regulations. You should not register or use the Service if you don't agree to these Terms. If you are younger than 13, or if you do not have the legal capacity to enter into binding agreements, you may not agree to these Terms.
These Terms are accepted by you on behalf your employer or any other entity that you are associated with (the "Administrator") and you represent and warrant that (i) you have the legal authority to bind Administrator to these terms; and (ii), you agree to these Terms on behalf the party you represent. These Terms will be binding on Administrator in such cases. Any reference to "you", shall refer to both you and the Administrator. You may not agree to these Terms if you do not have the legal authority or power to bind the applicable Administrator entity. The Administrator may also refuse to use the Service.
We may at any time modify, suspend, or discontinue any aspect, including any portion, of the Service. Some users may be offered alternative or additional services that are not available to all users. We can also limit, deny, or impose limitations on certain features or services, or restrict access to any part or all of our Service. You may be denied access to the Service at any time. Any termination will be final and without any liability.
The Service is only for your personal use. However, you must not transfer the Service to third parties in any way. You also agree to deny any third party unauthorized access to the Service. You agree not to reproduce, duplicate or copy the Service, nor sell, trade, trade, or resell it for any purpose.
We are not responsible for any configurations you create with the Service and their consequences on your applications, hardware, software, and systems.
We are not responsible if there are delays, delivery problems, security issues, or other losses or damages that result from data storage and transfer over communication networks and facilities. This includes the performance of any third party storage provider or communication provider. The Service can be interrupted, limited, delayed, and subject to other risks due to the storage and communication facilities.
To use the Service, first create an account (the "Account") by entering your email address and creating a password.
Your Account shall be maintained by you. You are solely responsible for protecting and maintaining confidentiality of your password. You warrant, represent and agree that all information provided in connection to your registration is current, complete, and accurate.
You must not allow any third parties to access your Account. You are responsible for all actions of anyone who uses your Account.
The Service is offered on a subscription basis. It will automatically renew for additional terms equal to the initial term in your Account unless the other party gives notice of non-renewal prior to the expiration of the applicable subscription term. If you do not wish to renew the Service you can send a non-renewal request via our web interface to [email protected] RPAiX will confirm your non-renewal request once it has been processed. RPAiX will confirm your request for non-renewal as soon as it is processed. If we have not given you notice of a pricing change at least 30 calendar days prior to the expiration of the prior term, the fees will be the same as the current term. In such cases, the pricing increases shall take effect upon renewal and thereafter. You will be considered to have renewed your subscription for the applicable renewal period if you access or continue to use the Service after the renewal date.
You will pay all fees specified in your Account ("Fees") as payment for the Service. Fees are calculated based on monthly unique visitors, unless otherwise stated.
Any changes to your billing information must be reported to us immediately. If you pay by credit card, we are authorized to charge your credit cards on a regular basis for all applicable fees and to store your credit information on our servers as well as on the servers of third party payment processing providers. All amounts are due in advance, at the date indicated on the invoice. The third-party payment processing service may process your payment. Additional terms may apply. For online payment processing, we currently employ a third party. You agree to such terms and conditions for your online payments of the fees. We reserve the rights to use third-party payment processing services in the future.
If you use the Service in excess of what was included in your package, the service might not be available until the next billing cycle.
Intellectual Property and License
RPAiX grants you limited, personal, nontransferable and non-exclusive access to the Service for noncommercial use. This license is valid for so long as your account is active. Provided that you comply with these Terms. RPAiX grants you no other rights or licenses with respect to the Services. This includes any proprietary information, patents, copyrights, trademarks, trade secrets, or other intellectual property rights, regardless of whether they are registered or not.
All rights, title, and interest in RPAiX's Platform and Services, as well as any development or derivative thereof, shall remain with RPAiX and its licensed licensors. These Terms do not convey any interest to RPAiX or its licensors.
Photos, text, graphics, logos and audios as well as interactive features, trademarks and service marks, trade names and data files (collectively, "Content") are RPAiX's exclusive property. You may not download, distribute, copy, or copy any of these information without RPAiX's written permission. RPAiX Content and any part thereof are strictly prohibited.
RPAiX will use any feedback or suggestions you provide regarding the Service. You acknowledge that RPAiX can use such feedback and suggestions at its discretion without obligation to compensate. RPAiX does not control the content of any third-party websites, apps, features or referrals. You should be aware that third-party's terms of service and privacy policies will govern your interactions with them. RPAiX makes no representations or warranties whatsoever about third-party websites, applications or features, products, or content. RPAiX does not endorse or guarantee that you will be satisfied by any content, products, or services you access, purchase, or download from any third party. It is also not responsible for any interaction you have with third parties.
Material from Third Parties
Software or other materials from third parties, including "open source" software ("Third Party Materials"), may be included in the Service. The license agreements for each Third Party Material shall govern their use. However, in addition to the terms and conditions of any third-party software license, all Third Party Materials will be subject to the disclaimer and limitation of liability. These Terms will apply to any third-party software that is not listed in the abovementioned website. You agree to all licenses applicable to Third Party Materials by using the Service.
RPAiX can collect, use, and publish Anonymous Information (described below) and share it with third-party service providers, among other things, to provide, improve, and publicize RPAiX's Services. RPAiX has full access to Anonymous Information. Anonymous Information is information about the use of the Service and Platform that does not allow identification of an individual. It includes aggregated or analytics information about the use of the Service.
Some products may permit the Service to collect data from customers, visitors to your website and other end-users ("Customer Information").
You grant and warrant to RPAiX all rights necessary for the proper operation of the Service by using the Service. RPAiX has the right to disclose Customer Data when required by law, in order to protect RPAiX's rights, property, and personal safety, as well as the Service users and the public. RPAiX will not be able to sublicense, resell or resell Customer Data. However, you agree that RPAiX may analyze and use Customer Data for the purposes of marketing, enhancing, and marketing the Service. If such data is made public in marketing campaigns or other operations, it will be anonymized or aggregated. RPAiX has the right to use such anonymized and aggregated data throughout and after this Agreement.
If we have access to Customer Data or Customer Personal Data that relates to individuals residing in the EEA/established in the EEA, both parties agree to use such data in accordance to the DPA.
All rights, title, and interests (including all Intellectual property Rights) in and to Customer Data are yours.
RPAiX may allow you to upload certain content ("Client Content") while using the Service. Client Content is your sole responsibility and liability. You must also comply with all applicable laws, regulations, and industry guidelines. RPAiX will not have any rights in Client Content except the minimum rights necessary to facilitate the use and use of the Service. The Client Content shall not be used for any other purposes.
You give us permission to use your name, logo and general customer list for promotional and marketing purposes.
You must not allow or assist others to use the Service for any purpose that is not explicitly stated herein. (iii). Modify, publish, distribute, translate, copy, duplicate, copy or transfer the rights granted by these Terms. (xiii). Provide any information including e-mail addresses and telephone numbers of friends and team members. (xiv). Access the Service through any other means than the interface provided by Us. (v) contain viruses, trojan horses or worms. (e) interferes with the software.
RPAiX can immediately terminate or suspend your access to the Service, Account, and license (or any portion thereof), without prior notice or liability if you violate or fail to follow any of these Terms. These Terms, including ownership provisions, warranty disclaimers and indemnification obligations, shall continue in full force and effect after termination. You are not exempted from any obligations or accruals prior to termination of these Terms.
We may suspend your Account (including access thereto) temporarily without affecting our termination rights. This applies to the following: (i). we believe that you or any other third party are using the Service to pose a security risk to us or others; (ii). we believe that you or another third party are using it in violation of these Terms and applicable laws; (iii). the payment obligations you have under your Account in accordance to these Terms are due or will become overdue. These suspension rights, along with any other remedies we may have under applicable law and these Terms, are in addition.
Limitation of liability
We do not accept any responsibility or liability for any loss, damage, costs, or expenses incurred by any person as a result information provided or contained in the Service.
YOU EXPRESSLY CONSENT THAT YOUR USE IS AT YOUR OWN RISK. The SERVICE IS PROVIDED "AS IS" AND "AS MADE AVAILABLE". To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, regarding the operation of THE SERVICE or any information, content, materials, or products included in it. We do not warrant that the SERVICE will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free. We also disclaim any warranty that the SITE, server, materials, or products you access through the SERVICE are free from viruses. ANY ADVICE OR INFORMATION, ORAL OR WRITTEN, THAT YOU OBTAIN THROUGH OR FROM THIS SERVICE WILL NOT CREATE ANY WARRANTY OR EXPRESSLY SET OUT ANY LIABILITY. You are solely responsible for any damage to your (or others') computer system or electronic device, loss of data, or other damages that result from the use of the SERVICE. ALL WARRANTIES ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
UNITED NATIONS AND ITS AFFILIATES, OFFICERS and AGENTS, MEMBERS, MEMBERS AND EMPLOYEES SHALL NOT BE LIABLE FOR INDIRECT, DIRECT OR INCIDENTAL DAMAGES, SPECIAL, SPECIAL, CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY, DATA, OR OTHER INTANGIBLE DAMAGES. SPECIFICALLY, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR OR LIABLE TO ANY UNLAWFUL OR EXPLICIT CONDUCT OF ANY OTHER PARTY ON THE SERVICE OR THROUGH THE WEBSITE, OR FOR ANY INFRINGEMENT OF RIGHTS BY ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS AND RIGHTS of PUBLICITY OR RIGHTS TO PRIVACY RIGHTS TO RIGHTS TO RIGHTS TO RIGHTS TO RIGHTS TO RIGHTS TO RIGHTS TO PERSONAL PROPERSONAL TO PERSONAL PROPERTY RIGHTS TO PERTY RIGHTS TO PERSONAL PRIVA RIGHTS TO RIGHTS TO RIGHTS TO PRIVA AB RIGHTS TO COMM TO RECAUXCL SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW THE TOTAL LIABILITY FOR US, OUR SUPPLIERS, AND DISTRIBUTORS FOR ALL CLAIMS AND DAMAGES (WHETHER IN CONTRACT OR TORT), INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED UP TO (I) THE AMOUNT THAT YOU PAID US TO USE OUR SERVICE IN THE SIX MOUNTS PRECEDING THE CAUSE of CLAIM OR (III) US$25. We hereby warrant and represent that all users of your services will be subject to the same exclusion and limitation of liability as stated herein. You have the sole and only remedy if you are unhappy with any part of the Service or any of these terms, which is to stop using this Service.
You agree to indemnify, defend, and hold harmless Company and its affiliate entities and their employees and contractors, officers and directors, agents, representatives and their employees, contractors and officers from any claim or demand arising out your use or misuse or use of the Service, or any use or misuse by third parties (even while you use your password), as well as any claim made by your users. This section of the Terms, entitled Indemnification, survives your account termination with the Service and your use of it.
Jurisdiction and applicable laws
These Terms will be governed by the laws of California, United States of America. The Convention on International Sale of Goods is not applicable. Your use of the Service could be subject to local, state and national laws. The California courts have exclusive jurisdiction over any claim or dispute you may have with the Company. These laws will apply to any portion of the Terms that are not permitted by the applicable laws.
We will not be held liable if the Services are not performed or delayed by any act, event, or accident beyond our control. This includes, but isn't limited to, strikes, lockouts, industrial disputes, failures of utility services or transport networks, acts of God, war, civil commotions, malicious damage, compliance any law or governmental rule, regulation or direction. You have the sole remedy to terminate the Service if a Force Majeure Event stops, hinders, or delays us performing the Service for more than thirty (30). days.
Relations between Parties; Third Parties
These Terms are not intended to create an agency relationship, joint venture, employment, partnership, or joint venture between us. These Terms do NOT confer any rights on anyone or any party other than us.
All correspondence should be sent via email to [email protected] Any copyright violations must be reported to the Company immediately you are aware. If you believe that the Service contains copyright-infringing material, please contact us at [email protected] as soon as you can.
These Terms may be amended at any time if any of its provisions are deemed invalid, unenforceable or unlawful. These Terms may be assigned by us in whole or in part at any time, with or without prior notice to you. Without our prior written consent, you may not assign or transfer these Terms or any of your rights or obligations under them. Any waiver of breach or default by either party hereunder will not be considered a waiver of any previous or subsequent breach, default or violation. Any heading, caption, or section title found herein are inserted for convenience only and do not define or explain any section or provision.
Electronic form is admissible in any judicial or administrative proceeding based on or relating to these Terms to a similar extent and subjected to the same conditions and conditions as other business documents or records originally created and maintained in printed format.