Terms & Conditions

By creating a Proofly account or using the service, you agree to these Terms and to the Privacy Policy. If you are accepting on behalf of a company, you represent that you have authority to bind that company. If you do not agree, do not use Proofly.

Proofly provides software for collecting, approving, and embedding video and audio testimonials. Features may evolve over time; we may add, change, or remove features at our discretion. We will not materially reduce the features of a paid plan during your active billing period without notice.

You are responsible for the security of your account, including your password and any access tokens. Notify us promptly at contact@useproofly.app if you suspect unauthorized access. You must be at least sixteen (16) years old to create an account.

You agree not to use Proofly to:

• Solicit, store, or publish recordings without the contributor’s freely-given, informed consent.
• Upload content that is unlawful, defamatory, infringing, hateful, sexually explicit, or harmful to minors.
• Impersonate another person or misrepresent your affiliation with a person or organisation.
• Attempt to probe, scan, or test the vulnerability of the service, or breach any security or authentication measures.
• Use the service to send spam, run unsolicited mass messaging, or generate fake testimonials.
• Reverse engineer, decompile, or scrape the service except where applicable law expressly permits.

We may suspend or terminate accounts that violate these rules, with or without notice depending on severity.

You retain all rights to the content you and your contributors upload to Proofly (“Customer Content”). You grant Proofly a worldwide, royalty-free licence to host, store, transmit, transcode, display, and otherwise process Customer Content solely as required to operate and provide the service to you.

You are solely responsible for ensuring that you have all necessary rights, consents, and releases for the Customer Content you collect and publish.

When a contributor records a testimonial through Proofly, they accept the consent terms presented at the moment of submission. If a contributor later withdraws consent, you agree to stop using their recording promptly and to cooperate with any takedown request we forward to you. Proofly will remove the recording from its hosted embeds within seven (7) days of a valid withdrawal.

Paid plans are billed in advance on a monthly or annual cycle through our payment processor. Plans renew automatically until cancelled. You can cancel at any time from the billing settings; cancellations take effect at the end of the current billing period and you will retain access until then.

Fees are non-refundable except where required by law, or where we, at our discretion, agree to a refund. We may change pricing with at least thirty (30) days’ notice; price changes take effect on your next renewal.

You may close your account at any time. We may suspend or terminate your access to Proofly if you breach these Terms, fail to pay fees when due, or use the service in a way that creates risk or possible legal exposure for us or other users.

Upon termination, your right to use the service ends. We will delete or return your Customer Content as described in the Privacy Policy.

The Proofly software, brand, logos, documentation, and website are owned by Proofly and protected by intellectual property laws. These Terms do not grant you any right to our trademarks or trade dress. All rights not expressly granted are reserved.

Proofly integrates with third-party services (such as payment processors, storage, and email providers) listed in our Privacy Policy. Your use of those services is governed by their own terms; we are not responsible for their performance or availability.

The service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or completely secure.

To the maximum extent permitted by law, Proofly will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, or goodwill. Our aggregate liability arising out of or relating to these Terms or the service is limited to the greater of one hundred US dollars (US $100) or the fees you paid us in the twelve (12) months preceding the event giving rise to the claim.

You agree to defend, indemnify, and hold harmless Proofly and its officers, employees, and contractors from any claim or demand, including reasonable attorneys’ fees, arising from Customer Content you upload, your use of the service, or your violation of these Terms.

We may update these Terms from time to time. Material changes will be announced by email to account holders or via a notice in the dashboard at least fourteen (14) days before they take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute not subject to arbitration under applicable law.

Questions about these Terms? Write to contact@useproofly.app.