Proactor Terms of Service

These Terms of Service constitute a legally binding agreement between you and Proactor.ai (along with its affiliates, "Proactor.ai," "we," "our," or "us"), governing your use of our products, services, mobile applications ("App"), and website ("Site," collectively referred to as "Services").

Important Notice: By clicking "I Agree" or similar buttons, registering an account, downloading the App or any App updates, using the App on your mobile device, or accessing or using the Services, you have read, understood, and agree to be bound by these Terms of Service.

Any personal data you submit to us or that we collect about you is subject to our Privacy Policy. You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated into these Terms of Service by reference and together they constitute this "Agreement."

Arbitration Notice: Except for certain types of disputes, you agree that any disputes between us will be resolved through binding individual arbitration. By accepting these terms, you and Proactor.ai waive the right to a jury trial or participation in any class action or representative action.

1. Our Services

We provide a platform that can record, transcribe, summarize, analyze, and take action on conversations, helping users easily share conversations and automate their work.

2. Account and Registration

You must register and create an account with Proactor.ai in order to use the Services ("Account"). As part of the registration process, you will be required to provide certain information, including but not limited to your name and email address.

By using the Services, you agree to:

The person registering for the Services will be the contracting party to these Terms of Service ("Account Owner"). Your Account is non-transferable to anyone else or to another account.

3. General Payment Terms

Certain features of the Services may require you to pay a fee. Before paying any fees, you will have the opportunity to review and accept the charges that will apply to you. All fees are calculated in US dollars and are non-refundable.

3.1 Pricing

Proactor.ai reserves the right to determine the pricing for the Services. We will make reasonable efforts to keep the price information published on the website up to date. Proactor.ai may change the cost of any feature of the Services with advance notice.

3.2 Authorization

You authorize Proactor.ai and its third-party payment processors to charge all amounts for your orders and for any service level you select, including all applicable taxes.

3.3 Subscription Services

If you decide to purchase a subscription to our Services, your subscription will automatically renew on a monthly or yearly basis unless you cancel it. You authorize us to invoice you for the services you have registered for on your account.

4. What You Can and Cannot Do

Rights

Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely for your personal or internal business use to:

Eligibility

You must be at least 18 years old to use the Services. By agreeing to these terms, you represent and warrant that:

Prohibited Activities

In using the Services, you agree not to engage in any of the following prohibited activities:

5. User Content

5.1 General Provisions on User Content

Certain features of the service may allow users to upload content to the service, such as voice recordings, audio recordings, data, text, photos, and other types of works ("User Content"). You retain any copyrights and other proprietary rights that you may have in the User Content.

5.2 Voice Recordings

The service may offer a feature that allows you to record personal conversations. Legal requirements for notification and consent for such recordings may vary by location. You acknowledge and agree that you are solely responsible for providing any necessary notices and obtaining consent from individuals for any recordings in accordance with applicable laws.

5.3 Grant of Limited License to Proactor.ai

You grant Proactor.ai a global, non-exclusive, royalty-free, fully paid-up license to host, store, transmit, display, perform, copy, modify, export, process, convert, and distribute all or part of your User Content through any media format and through any media channel now known or developed in the future.

5.4 User Content Representations and Warranties

By providing User Content through the service, you represent, warrant, and agree that:

6. Representations and Warranties

You represent and warrant that:

7. Termination and Suspension

You can cancel and delete your account at any time by using the available features on the service or by providing written notice to proactorai@gmail.com.

We reserve the right to refuse service access to anyone at any time for any reason. If Proactor.ai believes that you have violated any terms of this agreement, we may block your access to the service or limit the services you can use.

After the termination or cancellation of your account, we reserve the right to delete all your data during normal operations. Once your account is terminated or canceled, your data will be irrecoverable.

8. Third-Party Website Links

9. Intellectual Property

All text, graphics, editorial content, data, formats, charts, designs, HTML, look and feel, photos, music, sound, images, software, videos, designs, trademarks, logos, fonts, and other content that you see or read through the service are owned by Proactor.ai, except for User Content.

Proactor.ai's service marks and trademarks (including but not limited to the Proactor.ai name and logo) are service marks owned by Proactor.ai. You may not copy or use any of these marks, logos, or trade names without express written consent.

10. Copyright Complaints and Copyright Agent

Proactor.ai respects the intellectual property rights of others and expects users to do the same. If you believe that any material on or related to the service infringes your copyright, please send the following information to proactorai@gmail.com:

11. Confidential Information

You acknowledge that Confidential Information is a valuable asset of Proactor.ai and agree not to disclose, transfer, or use any Confidential Information for any purpose other than as expressly permitted by these Terms of Service.

12. Disclaimer

The Service and all materials, content, and transcriptions provided through the Service are provided "as is" and "as available." Proactor.ai disclaims all warranties of any kind, whether express or implied, including but not limited to:

13. What We Do Not Cover

We do not provide any express or implied warranties with respect to any materials and content provided through the Service. You understand and agree that you use the Service at your own risk.

14. Limitation of Liability

To the fullest extent permitted by law, in no event shall any Proactor.ai entity be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your access to or use of the Service.

For all claims arising from or related to the use of any part of the Service, the total liability of Proactor.ai entities to you is limited to the greater of (1) $10 USD, and (2) the amount you paid under these terms in the 12 months preceding the claim.

15. Privacy and Information Security

16. Dispute Resolution – Arbitration and Class Action Waiver

Important: This section affects your legal rights and outlines how you and Proactor.ai may submit claims against each other.

You agree that if any dispute arises, you will contact us at proactorai@gmail.com, and you and Proactor.ai will make a sincere attempt to resolve the issue directly through written negotiation.

Binding Arbitration

You and Proactor.ai agree that any dispute will be resolved through binding arbitration, but both parties retain the right to seek injunctive relief in court to prevent actual or threatened infringement of intellectual property rights.

Class Action Waiver

You and Proactor.ai agree that any dispute resolution procedure will be conducted on an individual basis and not as part of a class, consolidated, or representative lawsuit.

Arbitration Management and Rules

Arbitration will be conducted by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules.

Arbitration Notice Process

Our address for notices is: Registered Agents Inc 30 N Gould St Ste R Sheridan, WY 82801

17. Communications

18. Miscellaneous

19. Changes to This Agreement and the Services

Proactor.ai reserves the right to change, modify, add, supplement, suspend, discontinue, or delete any provisions of this agreement at any time. Proactor.ai will make reasonable efforts to notify you of material changes by email.

20. No Third-Party Rights

No provision of this agreement may be enforced by any person who is not a party to this agreement.

21. Notification and Consent to Receive Notices Electronically

You agree to receive any agreements, notices, disclosures, and other communications electronically, including via email or by posting notices on this website.

22. Contact Us

If you have any questions about these Terms of Service or the service, please contact us by email at: proactorai@gmail.com

APPENDIX 1 - Data Processing Agreement

This Data Processing Agreement ("DPA") is incorporated into and made part of the Terms of Service between you ("Customer") and Proactor.ai ("Company").

1. Definitions

Terms like "Controller," "Data Subject," "Personal Data," "Processing," and "Processor" have the meaning given to them in the GDPR.

2. Scope and Applicability

This DPA applies to Processing of Customer Personal Data by Company to provide the Service.

Key Provisions

APPENDIX 2 - Security Measures

The Service employs best practices and appropriate technical and organizational measures to safeguard Personal Data:

Physical Access Controls

User Content is hosted by Amazon Web Services (AWS) in secured data centers with physical controls to prevent unauthorized access.

Data Access Controls

Support team access to User Content requires explicit customer permission and is restricted to select personnel.

Transmission Controls

Communications use HTTPS and industry standard encryption algorithms for stored content and passwords.

Input Controls

Customer authentication by password or using Google, Microsoft, or Apple login with web cookies for validation.

Data Backups

Daily backup of databases and persistent storage of User Content.

Data Segregation

Customer Personal Data is logically segregated so customers can only access their own data.

APPENDIX 3 - Description of Processing

1. Data Subjects

Employees, contractors, or students of Organizations who use the Service, and other meeting participants where the Service is used.

2. Categories of Customer Personal Data

3. Sensitive Data

The Service may Process voiceprints to recognize users and automatically tag their name within the transcript.

4. Processing Operations

The Service creates legible notes from recorded voice conversations using automated speech recognition (ASR), keyword extraction and voice to text synchronization.

APPENDIX 4 - U.S. State Privacy Law Data Processing Agreement

This applies to U.S. state privacy laws including CPRA, ColoPA, CPOMA, UCPA, and VCDPA.

Key Requirements