Terms and Conditions

Terms of Service

These terms and conditions outline the rules and regulations for the use of Proofly's Website.
Proofly is a product of Directbit.

Directbit Group Address: Korte Kerkstraat 57, 5664HX Geldrop, The Netherlands
Chamber of Commerce NL: 69848440

Terms of service last changed on: April 15, 2020


By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Proofly's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies
We employ the use of cookies. By using Proofly's website you consent to the use of cookies in accordance with Proofly’s cookie policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License
Unless otherwise stated, Proofly and/or it’s licensors own the intellectual property rights for all material on Proofly All intellectual property rights are reserved. You may view and/or print pages from https://proofly.io for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from https://proofly.io
Sell, rent or sub-license material from https://proofly.io
Reproduce, duplicate or copy material from https://proofly.io
Redistribute content from Proofly (unless content is specifically made for redistribution).

User Comments
1. This Agreement shall begin on the date hereof.

2. Certain parts of this website offer the opportunity for users to create content that include opinions, information, material and data ('Comments') in areas of the website. Proofly does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Proofly, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Proofly shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

3. Proofly reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

4. You warrant and represent that:

4.1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

4.2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

4.3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy

4.4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

5. You hereby grant to Proofly a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Use of the Site
As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site solely for your internal business use. You may not use the Site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Site without the prior written consent of Proofly, which may be withheld, conditioned or delayed in its sole discretion, except that you may print out a copy of the content solely for your internal business use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other websites to the Site without the prior written consent of Proofly, which may be withheld, conditioned or delayed in its sole and absolute discretion.

Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Pricing
All prices listed on the Sites for any product or service are subject to change at our discretion and without notice.

Free Trial
Proofly is under no obligation to offer a free trial of any products or services. However, Proofly may, at its sole discretion, offer free trials to a User. Proofly makes no warranties about the delivery time of such a free trial, and all free trials are subject to discontinuation by Proofly at any time for any reason, without notice. Upon the cancellation of a subscription, any discount obtained via a coupon code will be null and void and any future subscription will be charged pursuant to Proofly's normal pricing structure at that time.

Lifetime Deals
Proofly sometimes offers lifetime deals. There's absolute no warranty on license codes after purchasing. Which means, digital access to the software is provided after activation of the code. Those deals come without refund policies.

Disputes
When payments, either one-time or recurring, are disputed, Proofly remains the right to block the account. Under no circumstances access will be restored unless $100 penalty fee is paid.

Third-Party Reliance
Some of Proofly's products and services exist and rely on sites/services/platforms owned and operated by third-parties. Certain functional aspects of Proofly's products and services may be out of our control. Accordingly, Proofly cannot guarantee the continued reliability or functionality of products or services hosted on third-party sites. Proofly will make commercially reasonable efforts to assist you in accessing and trouble-shooting affected products.

Pixel Speed and Reliability
To make Proofly work on your website, installation of the pixel-code is required. Loading times under 1000ms for a pixel with 5 notifications enabled per domain at max is an acceptable speed. Those speeds may differ based on the availability of our service across multiple regions. Proofly is not responsible for any negative experiences due to the loading times in periods of network outage. Proofly provides an uptime guarantee of 99.8%.

Permissions
You understand that some websites may require permission to scan their URL or website content. According, You agree that You have obtained the necessary permission to access and scan any URLs or website content that you submit through the Sites. Proofly hereby disclaims, and You release Proofly from any and all liability associated with unauthorized scanning of any website URL or website content.

User Contributions to the Site
There may be opportunities for you to contribute information, data or materials to the Site, which may include, among others, uploading information, participating in chats, using our bulletin boards, etc., which information, data or materials we collectively call “User Content.” Proofly is not liable or responsible for any User Content provided by its users or other third parties to the Site, including Suppliers. The contributions of third parties do not necessarily represent the view or opinions of Proofly. Proofly cannot preview User Content before it appears on the Site. You can be held liable for any illegal or prohibited User Content you provide to any Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on any Site, please notify us at legal@proofly.io. We will investigate your claim promptly and may then take the actions deemed appropriate.

Links and Search Results
For the avoidance of doubt, the Sites may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Proofly has no control over those sites or the content within them. Proofly cannot guarantee, represent or warrant that the content contained in those sites is accurate, legal and/or inoffensive. Proofly does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Sites to search for or link to another site, you agree and understand that you may not make any claim against Proofly for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at legal@proofly.io and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.

Commercial User
For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about the products or services of Proofly, and use such products or services, without the express consent of Proofly. You must obtain our prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Proofly products or services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.

Violation of these Terms
You understand and agree that in Proofly's sole discretion, and without prior notice, we may terminate your access to the Sites, cancel any transactions or exercise any other remedy available and remove any unauthorized User Content if we believe that the User Content you provided, or your use of the Site, has violated or is inconsistent with these Terms or violated the rights of Proofly, another user, or the law or constitutes a breach of the Customer Agreement. You agree that monetary damages may not provide a sufficient remedy to Proofly for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Proofly may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Proofly is not required to provide any refund to you if you are terminated as a User because you have violated these Terms.

Proofly is not responsible for the products, services, actions or failures to act of any third party referenced on any Site except as may be set forth in the Customer Agreement. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in any Site to us at legal@proofly.io. We may investigate the claim and take appropriate action, in our sole discretion.

Adoption of Additional Terms
These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any particular Site, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.





Disclaimers

YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED OR ACCESSED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED OR ACCESSED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK.

IN NO EVENT WILL PROOFLY, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED OR ACCESSED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF PROOFLY, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST PROOFLY, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, AND SUPPLIERS IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED OR ACCESSED ON THIS SITE AND ANY HYPERLINKED SITES.

Without limiting the above disclaimers, Proofly and its subsidiaries, affiliated companies, agents, and joint partners: (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet Site, the information and content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

This Site may use hyperlinks as a convenience to you so that certain reference material, Proofly-related subjects and other pertinent material is easily accessible. Linked and referenced sites may not be operated, controlled or maintained by Proofly. Hyperlinks and references to other sites, including any Proofly-affiliated entity, do not constitute sponsorship, endorsement or approval by Proofly of the information, content, policies or practices of such linked or referenced sites. Proofly, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such sites. You access, browse and use such sites at your own risk.

Proofly has no obligation to update any information or content on any Site. Accordingly, Proofly, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done so at your own risk.





Privacy Policy

These Terms include the terms and conditions of Proofly's Privacy Policy. Accordingly, by using this Site, you affirmatively acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of Proofly's Privacy Policy.

No Recommendations or Advice Provided
Although information and User Content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by Proofly. You alone bear the responsibility of evaluating any information or content available on the Sites. In exchange for using such information or content, you hereby agree to release Proofly from any claim and to not hold Proofly liable for any possible claim for damages arising from any decision you may make based on information or content available on the Site.

Miscellaneous
You warrant to Proofly that you will not attempt to gain unauthorized access to any services offered by Proofly or computer systems or networks connected to any Proofly server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Proofly. When using the Site you agree not to pretend to be someone else or spoof their identity.

Proofly controls its Site (excluding linked sites) from its offices in the United Kingdom and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if you use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to this Site shall be litigated in the state and federal courts having jurisdiction in the United Kingdom and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.

By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these Terms.

When applicable, you further agree, as a condition of using this Site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.