Last updated: January 11, 2019
Welcome to Proficonf! Thank you for using our platform.
The present Terms of Service (hereinafter referred to as «Terms») explain the relationship between Proficonf Ltd. («Proficonf», «Service», «us», «we») and the customer of the service (hereinafter «customer», «user», «you»), when you access and use https://proficonf.com and its related domains (together «Website») and/or download, install, use Proficonf software applications (including all related updates) and any other services offered by Proficonf.
These Terms apply to all visitors, users and others who access or use the Service. By using the Service, you represent to us that you are legally competent to enter into this agreement and you fully accept the Terms.
By accessing or using the Service you agree to be bound by these Terms.
If you disagree with any part of the terms, please refuse from using the Website.
To use certain parts of the Service, you will need to create a personal Proficonf account.
You may register an account by following the instructions on the Website or other instructions prompted to you.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You may not use as a username the name or email of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Please make sure that any personal information stored in your Account is safe from unauthorized use. Your account is strictly personal and shall not be used by any other person without your supervision. You are in any event solely responsible for the use of the Service through your personal user account
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Children under 13 years of age are not permitted to use Proficonf.
Children from 13 to 18 years old are permitted to use the Service only if they have received permission from a parent or legal guardian.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, media streams, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content prohibited from publishing on Proficonf include but is not limited to:
After going through the registration process, every customer of the Proficonf service becomes a user of the free plan provided by the Service. You can use free version as long as you need or choose to upgrade your account to a paid plan, giving you access to additional features. Transitioning to a paid plan or renewing your account shall mean that you are satisfied with the quality of the Service.
The Service provides a set of billing plans (“Plans”). The user has the right and ability to change his/her billing plan to another, more convenient plan at any time. All operations for changing the billing plan (or paying for the plan) are carried out by the customer in his/her account.
The relevant list of billing plans and effective prices for Proficonf are available on the following page: https://proficonf.com/pricing
If you wish to purchase any Plan available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Service is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Proficonf cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected
Most of the Service Plans are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions till its cancellation. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide the Service with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize the Service to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Proficonf will issue an electronic invoice to your account’s email address indicating that you should proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Within 2 weeks we will make several attempts to renew your overdue subscription and if they will fail for any reason, your account will be downgraded to a free plan. No further attempts will be made.
In the billing section of your account, at any time you can get information when the next charge will occur and for what amount. There is also available information about your current subscription and add-ons, your payment history, payment methods, and other useful information.
Proficonf may offer a Subscription with a free trial for a limited period of time («Free Trial»).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
All fees listed at Proficonf don’t include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever.
All applicable taxes will be added to the invoice and will be indicated on an order form, if applicable.
If you are not satisfied with the quality of Profconf for any reasons, you may claim a refund within 30 (thirty) days from the moment that you pay for the service, for remaining funds that have not been spent for use of the service in the given period.
If you want to ask for a refund, please contact us at email@example.com.
Your request must be sent from the email of account that have made a purchase and should contain: (i) The number of the invoice you want a refund for. (ii) The detailed description of the reason for a refund.
We usually review refund requests within ten (10) business days.
Proficonf, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
You may delete your Account or cancel Subscription at any time by contacting us at firstname.lastname@example.org. We will process your cancellation request and will terminate the Account on the date when we have completed the cancellation process.
So as to avoid the following auto-renewal payment, we recommend you unsubscribe from all paid Plans in the billing section of your Account.
We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage, both for free and paying users.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Proficonf may require you to submit certain personal information that will be collected and used exclusively for the purposes of our Service. By using the Service, you agree to collection and use of personal information, including processing and storage of such information in other countries and transfer between them by Proficonf and its affiliates.
We are constantly updating the Service in order to improve our service and do our best. Some improvement activity may affect service availability. The Service may not be available in all countries and it may be unavailable for use any time and in any particular location.
Proficonf may, at its sole discretion and without liability, change, modify, vary, or replace the features and functionalities of the Service or any provided equipment or software used to deliver the Service provided that this does not have a material adverse effect on the Service.
Proficonf may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you.
Also, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement («Infringement») of any person.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of «Copyright Infringement» to email@example.com
We are committed to ensuring that the material displayed on our Service is lawful and in accordance with Cyprus and EU Copyright Law. To help us deal with your complaint as quickly as possible, please include the following information:
We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.
In cases where there are conflicting claims to the ownership of Copyright, it is our policy to air on the side of removing materials from our Service.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Proficonf and its licensors. The Service is protected by copyright, trademark, and other laws of Cyprus and EU.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
When you upload content, you give to Proficonf a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service.
You agree to defend, indemnify and hold harmless Proficonf and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Proficonf, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Proficonf, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Proficonf ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Proficonf or any person for whom Realist LP is responsible, and even if Realist LP has been advised of the possibility of such loss or damage being incurred.
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them.
The newest version of these Terms will supersede all earlier versions. We may terminate, suspend, or modify the Services, in general or with respect to you, from time to time without cause or prior notice. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
You agree that your continued use of the Website after such changes have been published to our Services will constitute your acceptance of such revised Terms. If you do not agree to the new terms, you must stop using the service.
We may need to send you relevant notices about the Service, such as important service announcements and administrative messages, using one of the following methods:
We may send you promotional information by the ways mentioned above.
These Terms shall be governed and construed in accordance with the laws of Cyprus and EU, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.