Welcome to PracticPro! These Terms and Conditions outline the rules and regulations for the use of our software, website, and services. By accessing or using our services, you agree to comply with and be bound by these Terms. If you do not agree, please do not use our services.
1. Definitions
- "Company," "we," "us," or "our" refers to PracticPro.
- "User," "you," or "your" refers to the individual or entity accessing our services.
- "Services" refer to our software products, website, and related offerings.
- "Content" refers to data, text, information, and materials uploaded to or accessible through the Services.
- "Customer Data" refers to any data, information, or material provided or submitted by you or your users through the Services.
2. Provision of Services
- We provide a SaaS CRM platform with an extended list of features including but not limited to contact management, lead tracking, sales pipeline management, email integration, reporting, and analytics.
- Services are subject to updates, modifications, or discontinuation at our discretion with reasonable notice.
- Certain features may be available only to users with active subscriptions or specific subscription tiers.
- We may integrate third-party applications, and your use of such applications may be subject to their respective terms and conditions.
- We maintain industry-standard technical and organizational measures to protect your data.
3. Account Registration and Responsibilities
- You must have an account to access PracticPro dashboard.
- You are responsible for providing accurate, current, and complete information during registration.
- You are responsible for maintaining the confidentiality of your account credentials and all activities under your account.
- You must notify us immediately of any unauthorized use of your account or any other breach of security.
- We reserve the right to terminate inactive accounts after providing at least 30 days prior notice.
- You are responsible for all activities and content posted under your account.
4. Subscription Terms and Auto-Renewal
- Our services require a paid subscription, which may be billed monthly, annually, or as otherwise specified at the time of purchase.
- Subscriptions automatically renew for the same period unless canceled at least 7 days before the renewal date.
- You can manage or cancel your subscription through your account settings or by contacting our support team.
- We may offer free trials for a specified period. Upon expiration of the trial period, your account will automatically be charged for the subscription unless canceled before the trial ends.
- We reserve the right to change subscription fees upon reasonable notice before your subscription renewal.
5. Payment Terms and Taxes
- Fees for our services are due as specified at the time of purchase and are non-refundable unless expressly stated otherwise or required by law.
- For subscription services, we will bill your payment method on a recurring basis.
- You are responsible for any applicable taxes associated with your use of our services.
- If payment cannot be charged to your payment method or if a payment is returned for any reason, we reserve the right to limit or suspend your access to the Services.
- Fees are exclusive of taxes unless expressly stated otherwise. You are responsible for paying all taxes associated with your purchases.
6. User Obligations and Acceptable Use
- You agree not to use PracticPro services for unlawful, defamatory, harmful, or infringing activities.
- You may not use the Services to store, process, or transmit material in violation of third-party privacy rights.
- Unauthorized access, spamming, hacking, and unauthorized data collection are strictly prohibited.
- You may not attempt to gain unauthorized access to the Services or systems.
- You may not engage in any activity that interferes with or disrupts the Services.
- You may not use the Services to store or transmit viruses, worms, time bombs, Trojan horses, or any other harmful or malicious code.
- We reserve the right to suspend or terminate accounts engaging in prohibited activities.
7. Termination and Suspension
- We reserve the right to suspend or terminate your account if you violate these Terms.
- You may terminate your account at any time by following the instructions on our website or contacting us.
- Upon termination, you must cease all use of our services, and any remaining fees will remain payable.
- We will provide you with an opportunity to export your Customer Data upon request within 30 days of termination.
- We may delete data from inactive or terminated accounts in accordance with our data retention policies after 60 days following termination.
8. Data Ownership and Privacy
- You retain ownership of any data or content you create or store using our services.
- By using our services, you grant us a limited license to access and use your data solely for providing and improving our services.
- We will handle your Customer Data in accordance with our Privacy Policy.
- We will not sell your Customer Data to third parties or use it for marketing purposes without your consent.
- We will implement appropriate technical and organizational measures to protect your Customer Data.
9. Privacy Policy
- We collect, store, and process personal information in accordance with our Privacy Policy.
- Information collected may include account details, payment information, and usage data.
- We implement security measures to protect your data but cannot guarantee complete security.
- You may request access to or deletion of your personal information in accordance with applicable laws.
- By using our services, you consent to our data collection and processing practices as described in our Privacy Policy.
10. Service Level Agreement (SLA)
- We strive to maintain 99.9% uptime for our platform.
- Scheduled maintenance will be communicated at least 48 hours in advance whenever possible.
- In case of service disruptions, we will make reasonable efforts to restore services promptly.
- Service credits may be provided for extended outages as described in our SLA documentation.
11. Data Backup and Recovery
- We perform regular backups of the system and Customer Data.
- You are encouraged to export and maintain your own backups of critical Customer Data.
- We are not responsible for data loss resulting from your failure to maintain proper backups.
12. Dispute Resolution and Arbitration
- Any disputes arising under these Terms will be resolved through binding arbitration, rather than in court, unless otherwise required by law.
- Arbitration will be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association.
- You waive your right to participate in class-action lawsuits or class-wide arbitration.
- The arbitration shall take place in the county in which you reside or at another mutually agreed location.
13. Intellectual Property
- All content, trademarks, and software provided by PracticPro are owned by or licensed to us.
- You may not reproduce, distribute, or modify any material without our prior written consent.
- We respect the intellectual property of others and ask users to do the same.
- If you believe your work has been copied in a way that constitutes copyright infringement, please provide us with written notice.
14. Indemnification
- You agree to indemnify and hold us harmless from any claims, liabilities, damages, and expenses arising from your use of our services, violation of these Terms, or infringement of third-party rights.
15. Disclaimer of Warranties
- Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied.
- We do not guarantee that our services will be uninterrupted, error-free, or secure.
- We do not warrant that the results obtained from the use of the services will be accurate or reliable.
16. Limitation of Liability
- We are not liable for any direct, indirect, incidental, or consequential damages arising from your use of our services.
- Our total liability for any claims shall not exceed the amount paid by you in the last 12 months.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to you.
17. Governing Law
- These Terms are governed by the laws of the United States and the state of Delaware, without regard to its conflict of law principles.
- Any disputes shall be resolved in the courts of Delaware, unless arbitration applies.
18. Amendments to Terms
- We reserve the right to modify these Terms at any time.
- We will notify users of material changes through the Services or via email at least 14 days before the new terms take effect.
- Continued use of our services after modifications constitutes acceptance of the revised Terms.
19. Data Processing Addendum
- If you are subject to the European Union General Data Protection Regulation (GDPR) or similar regulations, our Data Processing Addendum forms part of these Terms.
- We will process personal data in accordance with applicable data protection laws.
- We will assist you in fulfilling your obligations under applicable data protection laws with respect to your use of the Services.
20. Third-Party Integrations
- Our platform may allow you to integrate with third-party applications.
- We are not responsible for any third-party applications and your use of such applications is at your own risk.
- Third-party applications may have their own terms of service and privacy policies.
- By choosing to use any third-party integration, you authorize us to share necessary information with the third-party provider to enable the integration.
- We do not control and are not responsible for how third-party providers use, disclose, or secure your information.
21. AI and Data Processing
- By using our services, you acknowledge and consent to our collection, use, and processing of your information, content, and communications for the improvement, development, and training of our artificial intelligence (AI) models and tools, and for providing our services to you.
- We may use AI to analyze your data, respond to inquiries, or perform actions on your behalf, whether by phone, text, SMS, email or in-product.
- We may engage third-party AI providers to support the functionality of our services. We use reasonable efforts to prohibit such providers from using your personal information for purposes other than providing our service.
- Data used for AI training purposes may be retained as part of our AI model's knowledge base in compliance with applicable laws.
- We may enable AI functionality as a product feature that facilitates similar functionality for use by you in serving or communicating with your end customers.
22. Communications Consent
- You authorize PracticPro, including its agents, affiliates and independent contractors, to contact you at the email address(es) and telephone number(s) that you have provided for advertisement, telemarketing, solicitation or other purposes.
- This may include contacting you using an automated telephone dialing system or a pre-recorded or artificially-generated voice, even if you have previously requested to be placed on our Do-Not-Call list.
- You can withdraw your consent to receive text messages at any time by replying with a text saying "STOP".
- You understand that your communications with PracticPro may be monitored, recorded and/or processed by third-party partners and vendors for purposes of analysis, quality assurance, training, and improving our products and services.
- Consent to receive marketing messages is not a condition to using our services, and if you choose not to consent, you may opt out by contacting us.
- Message and data rates may apply for any messages sent to you from us, and to us from you.
23. Beta Testing
- You may from time to time be invited to participate in the alpha or beta testing of a new proposed product or service ("Beta Product"), which may be free, or for which there may be fees.
- Beta Products are not official products and have not been commercially released for sale by PracticPro.
- Beta Products are provided "as is", may not operate properly or be fully functional, may contain errors or design flaws, and may result in unexpected results, loss of data, or other unpredictable damage or loss.
- PracticPro has the right to abandon development of the Beta Product at any time and without any obligation or liability to you.
- You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Beta Product.
24. Payment Processing and Chargebacks
- If you use our payment processing features, you acknowledge that we may use third-party payment processors whose terms and privacy policies will apply to you.
- The amount of a transaction may be reversed or charged back to your bank account (a "Chargeback") if the transaction is disputed, reversed for any reason, was not authorized, or is allegedly unlawful or suspicious.
- You will be responsible for all chargebacks, and we may charge a fee for each chargeback regardless of the outcome of the dispute.
- If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including new processing fees, creating a reserve account, delaying payouts, or suspending your access to the Service.
- We may temporarily suspend or delay payments to you and/or designate an amount of funds in a separate reserve account to secure the performance of your payment obligations under this Agreement.
25. Service Availability and Limitations
- We do not make any representations or guarantees regarding uptime or availability of the Service.
- From time to time, we may restrict access to some parts of the Service, or the entire Service, to perform maintenance or updates.
- We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.
- We strive to maintain our SLA commitments as specified in Section 10, but cannot guarantee uninterrupted service.
- In the event of service disruption, your sole remedy will be as described in our SLA documentation.
26. Franchise Provisions
- If you are a franchisee or licensee, and you subscribe to PracticPro through an offer or in conjunction with your franchisor or licensor, you authorize PracticPro to provide access to your account, and all information therein, to your franchisor or licensor.
- You also authorize us to act on, and follow instructions from your franchisor or licensor with regard to your account.
- If you are a franchisor or licensor, you represent and warrant that you have all necessary rights and authorizations to direct PracticPro to take any actions or follow any instructions from you with respect to any franchisee or licensee accounts.
- Franchise reporting offerings do not include any data for activities processed outside of the PracticPro system and not reported by franchisees.
27. No Endorsement of User Services
- We do not endorse or recommend the services of any particular user of our platform.
- We do not warrant users' performance or the quality of goods, materials, equipment or services furnished by any user.
- We are not responsible for the services requested by any customer in a service request.
- We make no warranties, either express or implied, regarding the quality of services rendered by any user of our platform.
