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").

You acknowledge and agree that 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, whether or not you have registered on the Site or App. If you do not agree to these Terms of Service, you are not authorized to access or use the Services. These Terms of Service will be effective upon your first clicking "I Agree" (or similar button or checkbox) or your use or access of the Services, whichever occurs first. If you are accepting or agreeing to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that: (i) you have the legal authority to bind your employer or the entity to these Terms of Service; (ii) you have read and understood these Terms of Service; and (iii) you, on behalf of the party you represent and any authorized users of the entity, agree to these Terms of Service. In this case, "you" and "your" will refer to and apply to your employer or other legal entity.

Any personal data you submit to us or that we collect about you is subject to our Privacy Policy ("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."

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. You agree to waive any right to assert or defend your rights in a court, and your rights will be determined by a neutral arbitrator rather than a judge or jury.

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 provide accurate, current, and complete information as prompted during the registration process, and to maintain and update your Account information to keep it accurate, current, and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any login names, passwords, and Account information provided by you or Proactor.ai to access the Services. You are fully responsible for all activities that occur under your password or Account. Proactor.ai cannot control the use of any user Account and expressly disclaims any liability arising from such use. If you suspect that an unauthorized party is using your password or Account, or if you suspect any other security breach, you agree to immediately contact Proactor.ai.

The person registering for the Services will be the contracting party to these Terms of Service ("Account Owner") and will be authorized to use any corresponding Account-related services provided to the Account Owner; however, if you register for the Services on behalf of your employer, your employer will be the Account Owner. As the Account Owner, you are fully responsible for complying with these Terms of Service, and only you are entitled to all benefits arising from the Account. Your Account is non-transferable to anyone else or to another account. If your password or identity information is used without authorization or any other activity threatens the security of our Services or your Account, you must immediately notify us.

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. Proactor.ai will make reasonable efforts to keep the price information published on the website up to date. We encourage you to periodically check our website for the latest pricing information. If Proactor.ai notifies you in advance before a change takes effect, Proactor.ai may change the cost of any feature of the Services, including additional fees or charges. Proactor.ai may, at its sole discretion, offer promotional deals with different features and pricing to any Proactor.ai customer. These promotional offers (unless offered to you) do not apply to your discounts or these terms.

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, as described in these Terms or published by Proactor.ai, including all applicable taxes. If you pay any fees by credit card, Proactor.ai or its third-party payment processor may pre-authorize your credit card account before your purchase to verify that the credit card is valid and has sufficient funds or credit limit to pay for your purchase. Proactor.ai may, at its sole discretion, allow organizations to purchase services by invoicing, with invoices to be settled within 30 days after issuance.

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 (the "Subscription Term") unless you cancel it. Once you upgrade from our free service to a paid subscription, your paid subscription will automatically renew every month unless you cancel, and your credit card or debit card on file will be automatically charged until you cancel. You authorize us to invoice you for the services you have registered for on your account, and you do not need further consent, notice, or authorization from you to do so.

If you cancel your paid subscription (including Team accounts), you will continue to enjoy the subscription benefits until the applicable renewal date, after which the subscription benefits will expire and your personal account will revert to the free version unless you request us to cancel 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: (a) to install and use one copy of any application related to the Services on a device you own or control (if applicable); and (b) to access and use the Services.

• Eligibility: You must be at least 18 years old to use the Services. By agreeing to these terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or banned from using the Services; (c) all information you provide to us is accurate and up to date; and (d) your use of the Services complies with all applicable laws and regulations.

• Required Account: You are responsible for all activities that occur under your account. Your use of any third-party services may be subject to third-party terms and conditions, and any issues arising from your use of third-party services are solely between you and the third party.

• License Restrictions: While using the Services, you must comply with all applicable laws, including U.S. export control laws. Unless applicable law prohibits such restrictions or the features of the Services allow such activities, you may not: (a) copy, distribute, publicly display, or publicly perform the Services; (b) modify the Services; (c) interfere with, disable, or circumvent any features of the Services, including security features or access control mechanisms; or (d) reverse engineer or attempt to discover the source code of any part of the Services.

Prohibited Activities: In using the Services, you agree not to engage in any of the following prohibited activities, including but not limited to:

• Using the Services for any illegal purpose or in violation of any local, state, national, or international laws or these terms;

• Harassing, threatening, belittling, humiliating, bullying, deceiving, or otherwise harming any other users of the Services;

• Infringing or encouraging others to infringe the rights of any third party, including the infringement or misappropriation of any third party’s intellectual property;

• Interfering with the operation of the Services or the enjoyment of the Services by any user, including: (i) uploading or otherwise distributing any viruses, adware, spyware, worms, or other malicious code; (ii) sending unsolicited offers or advertisements to other users of the Services; (iii) collecting personal information about other users or third parties without consent; or (iv) interfering with or disrupting any network, device, or server used to provide the Services;

• Circumventing or disabling any security or technical features or measures in the Services;

• Using the service if any participant in a call objects to being recorded;

• Storing, copying, modifying, distributing, or reselling any information, audio, visual, audiovisual works, or other content provided through the Services;

• Using the Services in any manner that threatens the integrity, performance, or availability of the Services;

• Removing, altering, or hiding any ownership notices (including copyright notices) on any part of the Services;

• Using any automated tools (e.g., bots, spiders) to access or use the Services;

• Using the Services for any purpose other than your own internal business or personal purposes;

• Accessing or attempting to access any Proactor.ai system, program, or data not publicly available, or attempting to bypass any security devices in the Services;

• Copying, modifying, translating, enhancing, decompiling, disassembling, or otherwise reverse engineering or attempting to reconstruct or discover the source code, object code, underlying ideas, proprietary technologies, algorithms, file formats, or programming or interoperability interfaces related to the Services or any software, documentation, or data associated with the Services;

• Providing the Services or content generated by the Services to anyone other than your Team account members or using it for the benefit of any other customer;

• Renting, leasing, sublicensing, selling, or otherwise transferring any rights you have under these terms; or

• Attempting or assisting any person to engage in any of the activities described in this section.

5. User Content

5.1 General Provisions on User Content:  

Certain features of the service may allow users to upload content to the service (including by syncing your account with third-party accounts), such as voice recordings, audio recordings, data, text, photos, and other types of works ("User Content"), as well as post User Content to the service in other ways. You retain any copyrights and other proprietary rights that you may have in the User Content posted to the service between you and Proactor.ai.

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:  

The customer retains ownership of User Content processed by the service. You grant Proactor.ai a global, non-exclusive, royalty-free, fully paid-up license (with the right to sublicense) 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, as controlled by you. Customers may delete User Content from their accounts, unless they choose to delete it from the trash folder, in which case it may be stored in a separate trash folder for a period. Once deleted from the user's account through direct action or expiration of the retention period specified for the trash folder, no record of User Content will be retained, and the service will not be able to recreate User Content.

5.4 Access to User Content and Results:  

Proactor.ai may allow you to share certain User Content or results of processing User Content with other users of the service, or to share User Content or results of processing User Content outside the service, and may even make certain User Content or results publicly accessible to all (including non-service users). You acknowledge and agree that while Proactor.ai may provide certain features to allow you to limit others' access to certain User Content that you create, Proactor.ai does not guarantee that such User Content or any results of processing User Content will never be accessed by others. To the fullest extent permitted by law, Proactor.ai is not responsible for the use of any User Content or results of processing User Content by users, non-users, or any third parties.

5.5 User Content Representations and Warranties:  

Proactor.ai assumes no liability for any User Content. You are solely responsible for your User Content and the consequences of providing such content through the service. By providing User Content through the service, you represent, warrant, and agree that:  

• You are the creator and owner of the User Content, or you have the necessary licenses, rights, consents, and permissions to grant Proactor.ai and other service users the rights to use and distribute your User Content in accordance with Proactor.ai’s terms, service, and this section.

• Your User Content and the use of your User Content by Proactor.ai and other users under these terms will not: (i) infringe, violate, or misappropriate any third-party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights; (ii) defame, slander, libel, or violate the privacy, publicity, or other property rights of any other person; or (iii) cause Proactor.ai to violate any laws or regulations.

• Your User Content will not be deemed by any reasonable person to be offensive, obscene, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

5.6 Disclaimer of User Content:  

We are under no obligation to edit or control User Content posted or submitted by you or other users, and we assume no responsibility or liability for User Content. However, Proactor.ai may, at its discretion and without prior notice, screen, remove, edit, or block any User Content that it deems to violate these terms or other objectionable content. You understand that, while using the service, you may be exposed to User Content from various sources and acknowledge that such content may be inaccurate, offensive, obscene, or objectionable. You agree to waive and hereby waive any legal or equitable rights or remedies you may have against Proactor.ai regarding User Content. If a user or content owner notifies us that User Content may violate these terms, we may investigate the claim and decide, at our sole discretion, whether to remove the User Content. We reserve the right to remove User Content at any time and without notice. For clarity, Proactor.ai does not permit copyright infringement on the service.

6. Representations and Warranties  

You represent and warrant that:  

(i) You are at least 18 years old or the age required by the jurisdiction in which you reside to be legally capable of entering into binding contracts;  

(ii) You have the authority, power, and capacity to enter into this agreement and abide by its terms and conditions, and you will comply with this agreement. When you sign this agreement on behalf of a company or other entity, you represent and warrant that you have the authority to act on behalf of and bind the entity to these terms.

You further represent and warrant that:  

(i) You have read, understood, and agreed to be bound by the terms of this agreement, including the terms of the Privacy Policy, in order to access and use the service;  

(ii) You will act professionally and responsibly in your interactions with other users;  

(iii) When using or accessing the service, you will comply with any applicable local, state, or federal laws or customs and act in good faith.

7. Termination and Suspension

You can cancel and delete your account at any time by using the available features on the service (if applicable and available) or by providing written notice to proactorai@outlook.com. After cancellation, your profile will be cleared, and you will no longer be able to access your account, profile, or any other information through the service. Provisions in these Terms of Service that are intended to remain effective after termination, including but not limited to those related to disclaimers, limitations of liability, and indemnification, will continue to remain in effect indefinitely even after the termination of these Terms of Service and your use or subscription to the service.

We reserve the right to refuse service access to anyone at any time for any reason. If Proactor.ai is investigating you or believes that you have violated any terms of this agreement, we may block your access to the service or limit the number of services you can use. We will notify you in writing or via email. The termination or limitation notice will take effect immediately. If Proactor.ai terminates or restricts your ability to use the service under this provision, you cannot register or create a new account, either under a third party, a pseudonym, borrowed name, or your own identity.

Even if your right to use the service is terminated or restricted, this agreement will still be enforceable against you. Proactor.ai reserves the right to take appropriate legal action.

Proactor.ai reserves the right to temporarily or permanently modify or discontinue all or part of the service at its sole discretion. Proactor.ai will not be held liable for any modifications or discontinuations of all or part of the service. If Proactor.ai believes someone may threaten the security and integrity of the service, or believes such restrictions are necessary to resolve other legitimate business issues, Proactor.ai has the right to limit user registration.

After the termination or cancellation of your account (as defined below), we reserve the right to delete all your data (including any user content) during normal operations. Once your account is terminated or canceled, your data will be irrecoverable.

8. Third-Party Website Links

• Third-Party Services: We may provide tools through the service that allow you to export information (such as user content) to third-party services, including features that let you link to accounts on third-party services, such as your CRM system. By using any of these tools, you agree that we can transfer such information to the relevant third-party service. Third-party services are not under our control, and to the fullest extent permitted by law, we are not responsible for any third-party service's use of the information you export.

• Third-Party Software: The service may contain or integrate third-party software components, which are typically offered under licenses that grant the recipient broad rights to copy, modify, and distribute those components ("Third-Party Components"). While the service is provided to you under these terms, nothing in these terms prevents, limits, or is intended to prevent you from obtaining or using third-party components under their applicable third-party licenses.

• Links to External Websites: The application may sometimes link to external websites. These websites may contain links to third-party offers and promotions. We add these links to help you find information, products, or services that may be useful or interesting. We are not responsible for the content on these websites or what they offer, and we cannot guarantee that they will always function properly. Just because we provide links to other websites does not mean we endorse or collaborate with the operators of these websites.

• Third-Party Website Terms: The terms and conditions and privacy policies of any websites controlled, owned, or operated by third parties will tell you how to use those websites. Your use of these third-party websites is at your own risk. Proactor.ai explicitly disclaims any responsibility for anything that happens due to your use of or viewing of websites linked to from the service or any other content. You agree that if you click on a link within the service, Proactor.ai will not be held responsible for any consequences that may arise.

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 (collectively referred to as “Proprietary Materials”) that you see or read through the service are owned by Proactor.ai, except for User Content, for which Proactor.ai is granted a license to use as described herein. Proprietary Materials are protected in all forms, media, and technologies now known or developed in the future. Proactor.ai owns all Proprietary Materials, including the coordination, selection, arrangement, and enhancement of these Proprietary Materials as a collective work under the revised U.S. Copyright Act. Proprietary Materials are protected by domestic and international copyright, patent, and other proprietary rights laws. You may not copy, download, use, redesign, reconfigure, or retransmit any content from the service without Proactor.ai’s prior express written consent and (where applicable) the consent of the rights holder of the User Content.

Without Proactor.ai’s prior permission and (where applicable) the consent of the rights holder of the User Content, you are strictly prohibited from using such Proprietary Materials in any manner (except where expressly permitted herein).

Proactor.ai’s service marks and trademarks (including but not limited to the Proactor.ai name and Proactor.ai logo) are service marks owned by Proactor.ai. Any other trademarks, service marks, logos, and/or trade names appearing on the service belong to their respective owners. You may not copy or use any of these marks, logos, or trade names without the express written consent of the respective owner.

In addition, you may choose or we may invite you to submit comments, ideas, or feedback regarding the service, including but not limited to suggestions for improvements to our service or products (“Feedback”). By submitting any Feedback, you agree that your disclosure is voluntary, free of charge, unrestricted, and does not create any trust or other obligation on Proactor.ai. We may use the Feedback freely without paying you any additional compensation, and/or disclose the Feedback in a non-confidential manner or in other ways to any third party. You further acknowledge that by accepting your submission, Proactor.ai will not waive any rights to use similar or related feedback already known to Proactor.ai, developed by its employees, or obtained from sources other than you. You acknowledge that all emails and other communications you submit to us will become our exclusive and proprietary property.

Additionally, Proactor.ai retains all rights to aggregated and anonymized data generated from your use of the service, provided that such data shall not be considered to belong to you or originate from you, and shall not contain directly or indirectly identifiable information about you or any other individual (natural person or otherwise).

Under the terms and conditions herein, you are granted a limited, non-exclusive, non-transferable, revocable right to access and use the service. We may terminate this right at any time, for any reason, or without reason. All materials included in the service, or transferred to you in connection with the service, including but not limited to software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, service-generated reports, and copyrights (“Proactor Content”), and all related intellectual property rights (as defined below), are proprietary to Proactor.ai or its licensors (as applicable). Unless explicitly stated herein, nothing in this agreement shall be construed as a license or other right to any such intellectual property, and you agree not to sell, license, rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessed through the service. The use of Proactor.ai Content or service materials for any purpose not expressly permitted in this agreement is prohibited. For the purposes of this agreement, “Intellectual Property” refers to all patent rights, copyrights, mask work rights, moral rights, publicity rights, trademarks, trade dress, service marks, goodwill, trade secrets, and other intellectual property rights now or in the future existing, along with all applications and registrations, renewals, and extensions under any laws or jurisdictions.

Your use of the service and the related licenses granted under this agreement are also subject to your strict adherence to the letter and spirit of various applicable guidelines and any end-user license related to your use of the application. Proactor.ai may modify such guidelines at its sole discretion at any time. Proactor.ai reserves the right to terminate your account.

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 or other intellectual property rights, please send the following information to Proactor.ai’s copyright agent at proactorai@outlook.com:

• A description of the copyrighted work you claim has been infringed, including the URL (internet address) or specific location on the service where the allegedly infringing material is located, with sufficient information to allow Proactor.ai to locate the material and explain why you believe infringement has occurred.

• A description of where the original or authorized copy of the copyrighted work is located – for example, the URL of the published work or the name of the book in which it was published.

• Your address, telephone number, and email address.

• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

• A statement made under penalty of perjury that the information in your notification is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

• An electronic or physical signature of the copyright owner or an authorized person acting on behalf of the copyright owner.

11. Confidential Information  

You acknowledge that Confidential Information (as defined below) is a valuable, special, and unique asset of Proactor.ai and agree not to disclose, transfer, use (or attempt to induce others to disclose, transfer, or use) any Confidential Information for any purpose other than as expressly permitted by these Terms of Service. If applicable, you may disclose Confidential Information to your authorized employees and agents, provided they are also required to keep such information confidential. You must promptly notify Proactor.ai in writing of any situation that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You will make your best efforts to protect the Confidential Information from unauthorized disclosure, transfer, or use. Upon termination of this Agreement, for any reason, you must return to Proactor.ai all originals and copies of any materials containing Confidential Information.

The term "Confidential Information" refers to any and all business secrets, confidential and proprietary information, and all other information and data of Proactor.ai that is not known to the public or other third parties, and that could have economic or other value if used or disclosed by such third parties. Confidential Information includes, but is not limited to, technical data, proprietary technology, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technologies, designs, drawings, engineering, hardware configuration information, marketing, financials, strategies, and other proprietary and confidential information related to the business, operations, or property of Proactor.ai, including information about Proactor.ai employees, users, or partners, or other business information disclosed directly or indirectly in writing, orally, or through drawings or observation.

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: (A) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (B) any warranties arising from the course of dealing, usage, or trade. Proactor.ai does not guarantee that the Service, or any part thereof, or any data, materials, or content provided or processed through the Service will be uninterrupted, secure, error-free, free of viruses, or other harmful components, and Proactor.ai does not warrant that any such issues will be corrected. Proactor.ai is not liable for failure to store or maintain any user data, content, transcriptions, user communications, account information, or personal settings, and Proactor.ai does not guarantee the completeness or accuracy of transcriptions.

Any advice or information (whether oral or written) obtained by you from the Service or from Proactor.ai entities or through the Service does not create any warranties of any kind regarding any Proactor.ai entity or Service except as explicitly stated in these terms. Proactor.ai is not responsible for any damages caused by transactions between you and other users of the Service. You understand and agree that you use any part of the Service at your own risk, and Proactor.ai is not liable for any loss of property (including computer systems or mobile devices related to the Service) or any loss, use, or disclosure of data (including user content).

The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. Proactor.ai does not waive any warranties or other rights that cannot be waived under applicable law.

13. What We Do Not Cover  

We do not provide any express or implied warranties, including but not limited to: (A) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement with respect to any materials and content provided through the Service; and (B) any warranties arising from the course of dealing, usage, or trade. We do not guarantee that the Service or any part thereof, or any materials or content provided through the Service will be uninterrupted, secure, or error-free, and we do not guarantee that any such issues will be corrected.

Any advice or information (whether oral or written) obtained by you from the Service or from Proactor.ai entities or through the Service does not create any warranty regarding any Proactor.ai entity or Service, unless explicitly stated in these terms. We are not responsible for any damages caused by transactions between you and other users of the Service. You understand and agree that you use the Service at your own risk, and we are not liable for any property loss (including computer systems or mobile devices related to the Service) or any data loss (including user content).

The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. We do not waive any warranties or other rights that cannot be waived under applicable law.

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 (including loss of profits, goodwill, or any other intangible losses) arising from or related to your access to or use of the Service or any materials or content on the Service, or your inability to access or use the Service, regardless of whether such damages are based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Proactor.ai entity has been advised of the possibility of such damages.

To the fullest extent permitted by law, for all claims arising from or related to the use or inability to use any part of the Service or otherwise under these terms, the total liability of Proactor.ai entities to you (whether in contract, tort, or otherwise) is limited to the greater of (1) $10 USD, and (2) the amount you paid or owe under these terms in the 12 months preceding the claim.

The liability limitations, disclaimers, and exclusions of damages in these terms are intended to allocate risks between the parties, and this allocation is a fundamental element of the basis of the transaction between the parties. Each of these provisions is severable and independent of all other provisions in these terms.

15. Privacy and Information Security  

• Privacy Policy: You acknowledge and agree that, except as described in these terms, any user content, data, records, and information you input or upload to the Service, or any user content, data, records, and information we collect through the Service, will be processed in accordance with Proactor.ai’s Privacy Policy. Please read the Privacy Policy carefully.  

• Data: You retain ownership of any data you input or upload to the Service between you and Proactor.ai. You hereby grant Proactor.ai the right to collect, process, transfer, store, use, and disclose such data in order to provide the Service, as well as any rights specified in these terms and Proactor.ai’s Privacy Policy. When you join a basic workspace, professional workspace, or business or enterprise organization, your data belongs to the workspace or organization.  

• Use of Aggregated Data: You acknowledge and agree that Proactor.ai may collect, create, process, transfer, store, use, and disclose aggregated and/or de-identified data from the data or the use of the Service for business purposes (including machine learning and training, industry analysis, benchmarking, and analytics). All data will be presented in an aggregated and/or de-identified form and will not identify you personally. Nothing in these terms grants you any rights to any part of the Service or aggregated data.  

• Compliance: You are solely responsible for (a) the data you input, provide, access, or use, and (b) compliance with any privacy and data protection laws and regulations applicable to the data or your use of the Service. You represent and warrant that you have obtained and will retain all rights, consents, and authorizations necessary for Proactor.ai to exercise the rights granted under Section 18 of these terms, and that Proactor.’ais exercise of such rights will not infringe or violate any third-party rights.  

• Information Security: Proactor.ai will implement commercially reasonable security measures designed to protect data it owns or controls from unauthorized or illegal access, use, alteration, or disclosure.

16. Dispute Resolution – Arbitration and Class Action Waiver  

Please read this section carefully—it will affect your legal rights and outlines how you and Proactor.ai may submit claims against each other. This section requires you and Proactor.ai to submit mutual claims to binding arbitration on an individual basis, with limited exceptions.

You agree that if any dispute or claim arises from or in connection with your use of the Service, you will contact us at proactorai@outlook.com, and you and Proactor.ai will make a sincere attempt to resolve the issue directly through written negotiation. You agree that if the issue is not resolved within 30 days after notice (via registered mail or in person), the issue will be considered a "dispute" as defined below. Except for the rights to seek injunctive or other equitable relief as described in the "Binding Arbitration" section below, if you initiate any arbitration claim or any administrative or legal action without first attempting to resolve the issue through mediation, you agree that you will not be entitled to recover attorney's fees, even if you might be entitled to such fees.

Binding Arbitration  

You and Proactor.ai agree that any dispute, claim, or controversy arising from or related to this agreement or your use of the Service (collectively, "Disputes") will be resolved through binding arbitration, but both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of one party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means you and Proactor.ai both agree to waive the right to a jury trial. Notwithstanding the foregoing, you may file a claim against Proactor.ai in a small claims court rather than through arbitration, provided the claim meets the rules for small claims court and is filed individually, not as part of a class or representative action.

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. This means you and Proactor.ai both agree to waive the right to participate in any class action proceedings. Unless you and Proactor.ai agree otherwise in writing, the arbitrator in any dispute will not consolidate the claims of multiple individuals or preside over any form of class action proceedings.

Arbitration Management and Rules  

Arbitration will be conducted by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules and Consumer-Related Disputes Supplementary Procedures (the "AAA Rules"), except as modified in this "Dispute Resolution" section. (AAA Rules can be found at http://www.adr.org or by calling AAA at 1-800-778-7879.)

Arbitration Notice Process. A party intending to seek arbitration must first send a written notice of the dispute to the other party via U.S. Mail or Federal Express (signature required), or by email if no valid physical address is provided by the other party (“Notice of Arbitration”). Our address is: XXXXXXXXXXX. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) specify the relief sought (“Demand”). The parties will make a good faith effort to resolve the claim directly, but if no agreement is reached within 30 days after receiving the Notice of Arbitration, you or Proactor.ai may initiate arbitration proceedings. All arbitration proceedings between the parties will be confidential unless otherwise agreed in writing. If your claim amount does not exceed $10,000,thearbitrationwillbeconductedsolelybasedondocumentssubmittedtothearbitratorbyyouandProactor.ai,unlessyourequestahearingandthearbitratordeterminesthatahearingisnecessary.Ifyourclaimamountexceeds$10,000, your right to a hearing will be determined by AAA rules. Under AAA rules, the arbitrator will have the authority to direct the parties to engage in reasonable information exchange, consistent with the expedited nature of arbitration. If both parties request and agree, hearings may be conducted by telephone or video conference.

Arbitrator's Decision and Applicable Law  

The arbitrator will apply the Federal Arbitration Act and applicable California law, including statutes of limitations, and will respect legal privileges. The arbitrator will issue a decision within the time frame set by the AAA Rules. The arbitration award may be enforced in any court of competent jurisdiction. Any damage awards from the arbitrator must comply with the "Disclaimers and Limitation of Liability" section.

17. Communications  

Text Messages: Proactor.ai and its representatives may send text (SMS) messages to the phone number you provide to us. These messages may be used for two-factor authentication. Standard data and messaging rates may apply, as determined by your carrier. Proactor.ai is not responsible for these fees.

Push Notifications: When you install our mobile application, you agree to receive push notifications, which are messages sent to your mobile device when the app is not open. You can disable notifications by visiting the "Settings" page on your mobile device.

Emails: We may send you emails during the provision of services to notify you when your user content is processed, shared with you, or used for other operational purposes. We may also send emails regarding our products or third-party products and services. You can opt out of promotional emails by following the unsubscribe instructions in the promotional emails.

18. Miscellaneous

• General Terms: These terms, along with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the complete and exclusive understanding and agreement between you and Proactor.ai regarding your use of the service. You may not assign or transfer these terms or any rights under these terms, in whole or in part, through legal means or otherwise, without our prior written consent. We may assign these terms at any time without notice or consent. The failure to enforce any provision will not affect our right to enforce such provision at any future time, and a waiver of any breach or violation of these terms does not constitute a waiver of any future breach or violation. The section titles in these terms are for convenience only and will not affect the interpretation of any provisions. The use of the term "including" in these terms means "including, but not limited to." If any part of these terms is found to be invalid or unenforceable, the unenforceable part will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

• Governing Law: This agreement and your use of the services will be governed by and interpreted according to the laws of the State of California, without regard to its conflict of laws principles. This choice of law provision is intended solely to specify the use of California law to interpret this agreement.

• Additional Terms: Your use of the service is subject to all additional terms, policies, rules, or guidelines that apply to the service or specific features of the service, which we may post or link to within the service ("Additional Terms"). All Additional Terms are incorporated into these terms by this reference and form part of this agreement.

• Contact Information: You can contact us by email at proactorai@outlook.com.

• Notification to California Residents: If you are a California resident, under California Civil Code Section 1789.3, you may contact the Consumer Services Division of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd, Suite S-202, Sacramento, California 95834, or by phone at (800) 952-5210 to resolve complaints about the service or to obtain further information about the use of the service.

• No Support: We are not obligated to provide support for the service. If we do provide support, the support will be governed by the published policies.

19. Changes to This Agreement and the Services

Proactor.ai reserves the right, at its sole discretion, to change, modify, add, supplement, suspend, discontinue, or delete any provisions of this agreement (including the terms of service and privacy policy) at any time, and to review, improve, modify, or temporarily or permanently stop the service or any content or information provided through the service, with or without prior notice, and Proactor.ai will not be liable for any such changes. Proactor.ai will make reasonable efforts to notify you of material changes by email, but is not responsible for failing to do so. If any future changes to this agreement are unacceptable to you or cause you to no longer comply with this agreement, you must terminate and immediately stop using the service. Your continued use of the service after any and all modifications constitutes your acceptance of the updated agreement. Additionally, Proactor.ai may limit your use of specific features or restrict your access to all or part of the service.

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 referred to in this agreement (collectively "Notices") electronically, including but not limited to notifications via email or by posting notices on this website. You agree that any Notices we provide electronically satisfy any legal requirements that such communications must be in writing. Unless otherwise specified in this agreement, all notices under this agreement must be in writing, and if delivered personally or sent by registered mail with return receipt requested, they are deemed delivered upon receipt; if sent by fax or email, they are deemed delivered upon electronic confirmation of receipt; if sent by a recognized overnight courier service and delivered the next day, they are deemed delivered the day after they are sent.

22. Contact Us

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