These Terms of Use (the “Terms”) document the legally binding agreement between the user of the Proofi Application (“Proofi”) and LTO Network B.V. of Amsterdam, the Netherlands (the “Provider”), as provider of Proofi. By using or accessing Proofi, you are agreeing to be bound by these Terms
These Terms are governed by the laws of the Netherlands. Any dispute arising from Proofi, the use of Proofi or these Terms of Use, will be settled before the competent judge in the court of Amsterdam, the Netherlands.
In case of any breach of the Terms, Provider reserves the right to terminate access to Proofi, without any advance notice.
Provider reserves the right to modify these Terms at any time. Provider does so by posting and drawing attention to the updated Terms. User’s decision to continue to use Proofi after such changes have been made constitutes a formal acceptance of the new Terms.
Provider reserves the right to modify these Terms at any time. Provider does so by posting and drawing attention to the updated Terms. User’s decision to continue to use Proofi after such changes have been made constitutes a formal acceptance of the new Terms.
Provider’s liability for any direct, indirect, consequential or punitive damages or loss of any kind arising from the use of Proofi or otherwise under or in connection with these Terms will be limited to the amount paid for the use of Proofi to Provider in the twelve (12) months prior to the occurrence of the act or omission giving rise to such claim. The limitation of liability and exclusion of certain damages stated herein will apply regardless of the failure of essential purpose of any remedy. User specifically acknowledges that these limitations of liability are reflected in the pricing.
User indemnifies Provider against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by the Provider’s solicitors or advisors) and loss of any kind arising from any actual or alleged claim by a third party that any data, content, or information owned, held, used or created by or on behalf of you that is stored using, or inserted into, Proofi (the “Data”) infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is objectionable, incorrect or misleading.
Provider is the sole owner of the intellectual property to the Proofi name, logo and software code (the “IP”). User shall not reproduce, modify, or create derivative works of the Proofi IP, or transfer, lease, lend, license, resell or otherwise distribute the Proofi IP.
Proofi’s Privacy Policy is incorporated into this Agreement by this reference. Proofi’s Data Processing Addendum is incorporated into this Agreement by this reference.
Do you have questions about our Terms of Service? Feel free to contact us.
To register for Proofi and create an account, you (including any agent designated by you operating on your behalf) must complete the registration process by providing Proofi with the information prompted by Proofi.
Proofi may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
You are responsible for:
You agree to notify Proofi immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of Proofi.
The use of Proofi is further subject to the usage limitations indicated in the applicable order form or in the documentation for Proofi.
Proofi offers a range of subscription plans to the Site. Each plan includes a numerical range of data with limits to each plan. You will select your Plan as part of your registration for the Proofi Site, which may begin with a Beta Trial. Each subscription period for a Plan will be month to month. You may choose to be billed for the Plan annually or in less than annual increments (e.g. monthly), but regardless of your billing cycle, you are responsible for subscription fees for each month which will be billed to the card you subscribed with.
To view the specific details of your Plan, including pricing information and the end date of your subscription period, sign into your account and visit the account management page.
The fees for your Plan are billed in advance of each billing cycle. In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months of the Proofi Site. You will not be charged any overage fees if you exceed the maximum number of recorded data allowed by your Plan in any one given month. However, if you exceed your Plan’s data limits for two consecutive months, you will be automatically upgraded to a subscription with a higher data limit than your current Plan. If you are on a monthly billing cycle, you will be charged for your upgraded Plan starting with the next applicable month after the upgrade. If you are not billed monthly, at the next applicable month after the upgrade, you will be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of your subscription period. In either case, you will be at this upgraded Plan for the remainder of your subscription period.
Subscriptions to the Proofi Site may begin with a free trial period during which you can try out the Beta for 2 months from the date you register. There is no limit to the amount of Data recorded on a registered website during the Beta Period. You may cancel your Plan at any time during the Beta Period by following the steps described in the “account cancellation” section. Upon cancelling your account, you may lose access to some data. Proofi reserves the right to modify, cancel and/or limit the Beta Period without notice at any time.
We may change the fees for the Site at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees or plan changes.
As an express condition of your use of and access to the Proofi reporting, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Proofi Site. We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts. We reserve the right to deactivate your access to the Proofi Site for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Proofi if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Proofi username or password).
You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
You may cancel your Plan by logging into account management or emailing us support@proofi.com. If you cancel your Plan, you may lose some access, upon the expiration of your current pre-paid period, to the Site and any data or information stored in your account.