Terms of Service & Acceptable Use Policy

1. Agreement to these terms

These Terms of Service (the "Terms") are a legal agreement between you and [eProfitify legal entity name] ("eProfitify", "we", "us" or "our"). They govern your access to and use of eprofitify.com, its sub-domains, the Paraclete website editor, the Communication Hub, eShop, eDocuflow, eRealty, AdOrbit, Print and any related software, templates, content and support (together, the "Service").

By creating an account, setting up a demo, publishing a website, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a business or other organization, you confirm that you have authority to bind it, and "you" includes that organization. If you do not agree, do not use the Service.

2. Who we are and key terms

• "Account" means your registered eProfitify account and any sub-accounts, such as staff or employee logins you create.
• "Your Content" means everything you or your users upload, create, publish or send through the Service, including website text, images, videos, products, listings, documents, agreements, chat messages and customer data.
• "Your Site" means any website, page, shop, booking page or other online presence you build or host with the Service.
• "End Users" means visitors to Your Site and your own customers, clients, staff or signers.
• "Third-Party Services" means products and services not provided by eProfitify, such as domain registrars, payment processors (for example PayPal or your bank), Google, YouTube, WhatsApp, Facebook, Microsoft Teams and other messaging or analytics tools.

3. Eligibility and accounts

• You must be at least 18 years old, or the age of majority where you live, and able to enter a binding contract.
• You must give accurate, current and complete information when you register and keep it up to date.
• You are responsible for keeping your login details secure and for all activity under your Account, including activity by staff or employee accounts you create. Tell us promptly at help@eprofitify.com if you suspect unauthorized access.
• We are not liable for any loss caused by someone else using your Account or login details, whether or not you knew about it.
• You may not sell, transfer or share your Account without our written permission.

4. The service, demos and trials

The Service lets you build, publish and manage websites and related business tools without coding. Features differ by plan and may change over time. We may add, change, limit or remove features, templates or integrations at any time, including to keep the Service secure, comply with law or respond to changes by Third-Party Services.

Free demos, free sub-domains, trials and beta or "coming soon" features are provided for evaluation, may have limits, and may be changed, suspended or ended at any time without notice. Content in a demo or trial may be deleted when it ends. Beta features are provided as-is and may not work as expected.

Optional onboarding, design, graphic or other professional services are provided on a best-efforts basis according to the description shown when you buy them.

5. Plans, billing and renewals

• Fees. Paid plans and add-ons are charged at the prices shown when you buy them. Prices exclude taxes unless stated; you are responsible for applicable taxes.
• Automatic renewal. Unless stated otherwise, subscriptions renew automatically for the same term until you cancel. You can cancel before the renewal date to stop the next charge.
• Price changes. We may change prices for future terms. We will give you reasonable notice before a change applies to your next renewal.
• Refunds. Except where required by law or expressly stated in your plan, fees are non-refundable, including for partial terms, unused features or periods of downtime.
• Late or failed payment. If a payment fails, we may suspend paid features or Your Site until it is paid.
• Included domains. Where a plan includes a free domain, it is subject to the value limits shown at purchase and to Section 6. If you cancel or do not renew, we may stop renewing the domain.

6. Domains and third-party services

Domain names are registered through third-party registrars and are subject to their terms and to registry rules. We do not guarantee that a domain will be available, registered successfully, renewed or kept, and we are not responsible for domain disputes, expirations or registrar actions.

The Service connects to Third-Party Services, including payment processors, messaging apps, video, maps, forms and analytics. Your use of them is governed by their own terms and privacy policies. We do not control them and are not responsible for their availability, accuracy, security, fees, actions, payouts, account holds or changes. If a Third-Party Service changes or stops working with eProfitify, we may need to change or remove the related feature.

7. Your content and websites

• You own Your Content. We do not claim ownership of it.
• License to us. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, display, transmit and adapt Your Content only as needed to provide, secure and improve the Service, and to show Your Site publicly where you publish it.
• Your responsibility. You are solely responsible for Your Content and Your Site, including its accuracy, legality and compliance with these Terms. You confirm that you have all rights and permissions needed for Your Content, including images, music, videos, trademarks and personal data.
• No monitoring duty. We are not required to review Your Content, but we may review, block or remove any content we reasonably believe breaks these Terms or the law, or creates risk for us or others.
• Copyright complaints. If you believe content on the Service infringes your copyright, email help@eprofitify.com with the details. We may remove the content and may close accounts of repeat infringers.

8. Acceptable Use Policy

You must use the Service only for lawful purposes and in line with these Terms. You must not use the Service, or let anyone else use it, to:

Illegal and harmful activity

• break any law or regulation, or promote, facilitate or encourage illegal activity;
• sell, advertise or arrange illegal or regulated goods and services without the required licences, including illegal drugs, weapons, explosives, counterfeit goods, stolen property or unlicensed gambling;
• publish or share child sexual abuse material or any content that sexualizes minors (we report this to the authorities);
• promote terrorism, violent extremism, or violence against people or groups;
• harass, threaten, bully, stalk, defame or intimidate anyone, or publish hateful content targeting people based on protected characteristics.

Fraud and deception

• run scams, phishing pages, fake shops, pyramid or Ponzi schemes, or other fraud;
• impersonate any person, business or brand, or misrepresent who you are or your affiliation;
• collect passwords, payment details or personal data under false pretenses;
• use eDocuflow to send forged, fraudulent or misleading agreements, or to obtain signatures without consent.

Rights of others

• infringe copyright, trademarks, patents, trade secrets or other intellectual property;
• violate anyone's privacy, or collect, use or share personal data without a lawful basis and any required notices or consent;
• publish other people's private information without permission.

Spam and abuse of features

• send unsolicited bulk messages or spam through chat, forms, funnels, AdOrbit, bulk agreements or any other feature;
• use AdOrbit or other advertising tools for misleading, deceptive or prohibited ads.

Security and technical misuse

• upload or spread malware, viruses or other harmful code;
• try to gain unauthorized access to the Service, other accounts, or connected systems, or probe, scan or test their vulnerabilities without our written permission;
• interfere with or overload the Service, for example through denial-of-service attacks, excessive automated requests, scraping, or cryptocurrency mining;
• reverse engineer, copy, resell, sublicense or create competing products from the Service, except as allowed by law;
• work around plan limits, usage limits, or security or access controls.

Enforcement

If we reasonably believe you or Your Site breaks this policy, we may, without notice and without liability to you, remove or disable content, unpublish Your Site, restrict features, suspend or terminate your Account, keep any fees already paid, and report the activity to law enforcement or affected parties. You remain fully responsible for your actions and for any illegal or prohibited use of the Service. eProfitify is not responsible for how users or End Users use the Service or for the content, products, services or conduct of any user.

To report abuse, email help@eprofitify.com with the website address and details.

9. Your business and your customers

• You are solely responsible for your business, products, services, prices, bookings, deliveries, refunds, taxes, licences and customer support, and for complying with laws that apply to you, including consumer protection, e-commerce, advertising, privacy and data protection, accessibility and anti-spam laws.
• You are responsible for giving End Users your own terms, privacy notice and any required consent requests, including for chat, forms, email collection, surveys and analytics on Your Site.
• Payments from your customers are processed by Third-Party Services, not by eProfitify. We are not a party to your transactions and are not responsible for payment failures, chargebacks, fraud, disputes, payouts or verifying QR or cash payments.
• eDocuflow provides tools to create, send and sign documents. Templates and examples are not legal advice. You are responsible for the content, validity and enforceability of your agreements and for checking that e-signatures are acceptable for your purpose and jurisdiction.
• Statistics, examples and estimates we share (for example about conversion rates, SEO or growth) are general information, not a promise of results. Your results depend on many factors outside our control.

10. Availability, downtime and backups

We work hard to keep the Service fast, secure and available, but we do not promise that it will be uninterrupted, timely, error-free or available at any particular time, unless we have agreed a written service level with you. The Service depends on hosting providers, data centers, networks, software and Third-Party Services that can fail.

The Service may be unavailable or work incorrectly because of, for example, scheduled or emergency maintenance, updates, hardware or server failure, software bugs, network or internet outages, power failures, cyberattacks, problems at our hosting or service providers, or Third-Party Service changes. Your Site, emails, chats, bookings, orders, forms or other data may be delayed, lost, corrupted or not delivered as a result.

You are responsible for keeping your own copies and backups of Your Content and any data that matters to your business. Any backup features we provide are a convenience and are not guaranteed.

11. Disclaimer of warranties

To the maximum extent permitted by law, the Service, including all features, templates, integrations, content, support and any professional services, is provided "as is" and "as available", with all faults and without warranties of any kind, whether express, implied or statutory. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected, that data will not be lost or corrupted, or that the Service or the servers that make it available are free of viruses or other harmful components.

Some jurisdictions do not allow certain warranties to be excluded, so some of the above may not apply to you.

12. Limitation of liability

To the maximum extent permitted by law, in no event will eProfitify, its affiliates, or their owners, directors, officers, employees, contractors, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, sales, business, customers, goodwill, data or content, or for business interruption, cost of substitute services, or any damages arising from downtime, service interruptions, server, hardware or software failures, security incidents, data loss or corruption, Third-Party Services, the content or conduct of any user or third party, or events beyond our reasonable control, however caused and under any theory of liability (including contract, tort, negligence, strict liability or otherwise), even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total liability for all claims relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid to eProfitify for the Service in the twelve (12) months before the event giving rise to the claim, or (b) one hundred US dollars (US $100).

These limits apply even if a remedy fails of its essential purpose. They are an essential part of the bargain between us; without them we could not offer the Service at its current prices. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or, where applicable, for death or personal injury caused by negligence.

13. Your indemnity to us

You agree to defend, indemnify and hold harmless eProfitify and its affiliates, and their owners, directors, officers, employees, contractors and agents, from and against all claims, demands, losses, damages, liabilities, fines, costs and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content or Your Site; (b) your business, products and services and your dealings with End Users; (c) your use or misuse of the Service, including any breach of the Acceptable Use Policy; (d) your breach of these Terms or of any law; or (e) your violation of any third party's rights. We may take control of the defense of any claim at your expense, and you will cooperate with us.

14. Events beyond our control

We are not responsible for any delay or failure to perform caused by events beyond our reasonable control. These include natural disasters, fire, flood, earthquakes, extreme weather, pandemics, war, terrorism, riots, government action, strikes, power or utility failures, internet or telecommunications outages, failures or attacks affecting data centers, hosting or cloud providers, hardware or server failure, cyberattacks, denial-of-service attacks, and failures of Third-Party Services.

15. Suspension and termination

• You may stop using the Service and cancel your subscription at any time. Cancellation takes effect at the end of your current paid term unless stated otherwise.
• We may suspend or terminate your Account, or unpublish Your Site, at any time if you breach these Terms, do not pay, create risk or legal exposure for us or others, or if required by law. Where reasonable, we will try to give notice, but we are not required to in cases of serious or repeated breaches, illegal activity or security risk.
• We may also discontinue the Service or any part of it. If we discontinue a paid service entirely, we will try to give reasonable notice.
• After termination, your right to use the Service ends and we may delete Your Content and Your Site after [30] days, or immediately where required by law or in cases of abuse. It is your responsibility to export or back up Your Content before then.
• Sections that by their nature should survive termination will survive, including Sections 7 (license limited to what is needed), 9, 11, 12, 13, 16, 19 and 20.

16. Our intellectual property

The Service, including its software, editor, templates, designs, graphics, text, logos, the eProfitify name and other brand features, is owned by eProfitify or its licensors and protected by intellectual property laws. Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable right to use the Service and to use our templates as part of Your Site while you have an active Account. You may not use our brand features without our written permission. If you send us feedback or suggestions, we may use them freely without any obligation to you.

17. Privacy

Our Privacy Policy explains how we collect and use personal data. Where we process personal data about your End Users on your behalf, you are responsible for having a lawful basis and giving the required notices, and we will process that data only to provide the Service.

18. Changes to these terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date above, and for material changes we will give reasonable notice, for example by email or a notice in your dashboard. Changes apply from the date stated. If you keep using the Service after changes take effect, you accept the updated Terms. If you do not agree, you must stop using the Service.

19. Governing law and disputes

These Terms are governed by the laws of [State / Country], without regard to its conflict of laws rules. Before starting any legal claim, you agree to contact us at help@eprofitify.com and try in good faith to resolve the dispute informally for at least 30 days. If it is not resolved, the courts located in [County, State / Country] will have exclusive jurisdiction, and you and we consent to their jurisdiction, except that either party may seek urgent injunctive relief in any competent court.

To the extent permitted by law, any claim must be brought within one (1) year after it arises, and claims may be brought only on an individual basis and not as part of any class or representative action.

20. General terms

• Entire agreement. These Terms, together with the Privacy Policy and any plan or order terms, are the entire agreement between you and us about the Service.
• Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent allowed and the rest will remain in effect.
• No waiver. If we do not enforce a right, that is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them, for example as part of a merger, acquisition or sale of assets.
• Independent parties. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
• Notices. We may send notices to the email on your Account or show them in your dashboard. You can send notices to help@eprofitify.com.
• Language. If these Terms are translated, the English version controls.

21. Contact us

Questions about these Terms or reports of abuse:
[eProfitify legal entity name]
[Business mailing address]
Email: help@eprofitify.com