By using the Protobi web site ("Service"), or any services of Proven, Inc. dba Protobi ("Protobi"), you agree to the following terms and conditions ("Terms of Service").
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If Protobi makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current Terms of Service at any time at https://app.protobi.com/terms.
Violation of any of the terms below will result in the termination of your Account. While Protobi prohibits such conduct and Content on the Service, you understand and agree that Protobi cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
A. Account Terms
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. Protobi cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. Payment, Refunds, Upgrading and Downgrading Terms
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information.
An upgrade from the free plan to any paying plan will immediately bill you.
For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
When changing from a monthly billing cycle to a yearly billing cycle, Protobi will bill for a full year at the next monthly billing date.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades or downgrades while on a yearly plan, Protobi will immediately charge or refund the difference in plan cost, prorated for the remaining time in your yearly billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Protobi does not accept any liability for such loss.
C. Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Protobi, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Protobi service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Protobi reserves the right to refuse service to anyone for any reason at any time.
In the event that Protobi takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.
D. Modifications to the Service and Prices
Protobi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Protobi Site (protobi.com) or the Service itself.
Protobi uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control.
Protobi shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
E. Confidentiality, Security and Privacy
Protobi treats data in your Protobi project as your Confidential Information. This includes the data file as well as the meta data including view configuration, variable labels, formats, data processing steps and user permissions.
You as the project administrator choose who is able to open, edit or administer the project. Access to data in any private project is granted only to authenticated users with appropriate permissions. All access and edits to each project is logged.
We maintain adequate security measures to safeguard the Confidential Information of the other party from unauthorized access or use. All private data exchanged with Protobi is always transmitted over HTTPS under SSL certificates issued by reputable Certificate Authorities. Data is stored encrypted at rest. All pushing and pulling of private data is done over SSH authenticated with keys, or over HTTPS using your Protobi username. Data are stored encrypted at rest. The credential tokens used to access the Protobi API can not be used to access a shell or the filesystem. All users are virtual and have no user account on our machines.
Protobi employees may access private projects with your express permission to provide technical and domain support. By policy, Protobi employees do not access your project without your express permission. When working a support issue we do our best to respect your privacy as much as possible, we only access the files and settings needed to resolve your issue. Access and edits by Protobi employees is logged and visible to you as the project administrator as is access/edits by any user.
We would like you to get the most use of Protobi. If you create a free or paid project, we assume you grant Protobi permission to help configure and optimize the view unless you specify otherwise. If you would prefer otherwise, select the appropriate box to mark the project as private when creating the project or send an email to email@example.com
F. Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
However, by granting other users permission to view, edit or administer your project, you agree to allow those users to view your Content.
Protobi does not pre-screen Content, but Protobi and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You shall defend Protobi against any claim, demand, suit or proceeding made or brought against Protobi by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Protobi for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Protobi in connection with any such claim, demand, suit or proceeding; provided, that Protobi (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Protobi of all liability); and (c) provides to You all reasonable assistance, at Your expense.
G. General Conditions
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Support for Protobi services is only available in English, via email.
You understand that Protobi uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Protobi, or any other Protobi service.
You may use the Protobi static hosting service solely as permitted and intended to host your organization pages, personal pages, or project pages, and for no other purpose. You may not use Protobi in violation of Protobi's trademark or other rights or in violation of applicable law. Protobi reserves the right at all times to reclaim any Protobi subdomain without liability to you.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Protobi.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Protobi customer, employee, member, or officer will result in immediate account termination.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Protobi) of other Protobi customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Protobi does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Protobi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Protobi has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
The failure of Protobi to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Protobi and govern your use of the Service, superseding any prior agreements between you and Protobi (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Massachusetts law.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
H. Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Protobi’s agent at email@example.com for notice of claims of copyright or other intellectual property infringement.
Notification must be submitted to the following Designated Agent:By E-Mail: Proven, Inc. firstname.lastname@example.org
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Protobi to locate the material;
- Information reasonably sufficient to permit Protobi to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
- A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
I. API Terms
Customers may access their Protobi account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Protobi, is bound by these Terms of Service plus the following specific terms:
You expressly understand and agree that Protobi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Protobi has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to Protobi via the API may result in the temporary or permanent suspension of your account's access to the API. Protobi, in its sole discretion, will determine abuse or excessive usage of the API. Protobi will make a reasonable attempt via email to warn the account owner prior to suspension.
Protobi reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.