These terms are an agreement between you and ProfytAI Pte. Ltd., the Singapore company that provides Proovyt. Proovyt is a product and trading name of ProfytAI Pte. Ltd., not a separate legal entity. These terms govern your access to and use of the Proovyt website, application, hosted and embedded demos, the Proovyt Capture extension, and related services. Please read them closely, especially the sections on fees and automatic renewal, your content, lead capture and data processing, acceptable use, the disclaimer of warranties, and the limitation of liability. By creating an account, buying a plan or using Proovyt, you agree to these terms.
01Acceptance of These Terms
By creating an account, accessing or using Proovyt, or ticking the box at checkout, you accept these terms and our Privacy Policy, which is incorporated here by reference. Where we process customer personal data for you, our Data Processing Addendum is also part of these terms, as clause 10 describes. If you do not agree, do not create an account and do not use the service.
Authority to bind your organization. If you use Proovyt on behalf of a company or other organization, you represent that you are authorized to accept these terms for it. In that case, references to you mean both you and that organization, and both are bound by these terms.
Who may use the service. You must be at least 18 years old, or the age of majority where you live if that is higher, and able to form a binding contract. The service is intended for business and professional use, including by founders, freelancers, designers and sole traders, and not for personal, family or household use. You may not use the service if you are barred from doing so under the laws that apply to you.
Electronic transactions. You agree to transact with us electronically. Your acceptance of these terms, your acknowledgements at checkout and your payment authorization are given electronically, and you agree they have the same effect as a handwritten signature under Singapore’s Electronic Transactions Act 2010, the U.S. E-SIGN Act and other applicable law. You agree to receive these terms, disclosures and notices electronically. You may withdraw this consent, or ask for a paper copy, by writing to us through our contact page, although doing so may mean we can no longer provide the service.
02Definitions
These terms use a few defined words. They have the following meanings.
- ProfytAI, we, us, our. ProfytAI Pte. Ltd., a private company limited by shares incorporated in Singapore (UEN 202542653R), the provider of the service. Proovyt is a product and trading name of ProfytAI Pte. Ltd.
- Service. The Proovyt website, application, hosted and embedded demos, the Proovyt Capture extension, software, and any related features we make available under these terms.
- You, customer. The person or organization that accepts these terms and holds an account.
- Workspace. The space in the application where your demos, settings and plan live.
- Owner, admin and member. The owner is the person who holds a workspace’s subscription and billing. On individual plans, the owner is the only person in the workspace. On the Team plan, the owner and any admins the owner or another admin appoints manage the workspace, its members and its seats, and the owner can hand ownership to an admin. A member is a person an admin invites, who takes a seat and creates demos. In these terms, the workspace admin means the owner and any admins.
- Authorized user. Anyone you allow to use the service under your account or workspace, including members.
- Customer content. Everything you or your authorized users upload, capture, write or create in the service, including screenshots, page copies recorded with HTML capture, text, edits, branding, audio and demos.
- Demo. An interactive walkthrough made in the service. A published demo is one you have made available at a hosted link or as an embed.
- Viewer. Anyone who opens a published demo or an exported demo.
- Lead data. The details a viewer sends through a demo’s lead form, the consent record that goes with them, and the per-viewer analytics linked to them.
- Customer personal data. Personal data that we process on your behalf in providing the service, which is lead data, viewer analytics produced for your demos, and personal data inside customer content.
- Data protection law. Every law on privacy or personal data that applies to a party in connection with the service, which can include Singapore’s Personal Data Protection Act 2012, the EU General Data Protection Regulation, the UK General Data Protection Regulation and Data Protection Act 2018, the Swiss Federal Act on Data Protection, and United States state privacy laws such as the California Consumer Privacy Act as amended. Controller, processor, personal data, data subject and processing have the meanings those laws give them, and a business and service provider under United States state law are treated as a controller and processor.
- Subscription. A paid plan for the service, bought at checkout or under a written order, for a monthly or annual term.
- Written order. An ordering document that references these terms and is signed or accepted by both you and ProfytAI.
03The Service
Proovyt lets you turn a click-through of a product into an interactive demo. Within the service you can capture screens with the Proovyt Capture extension or import screenshots, edit them with blur, redaction, replaced text and numbers, labels and highlights, add hotspots, callouts, zoom and cards, then share a demo as a hosted link or an embed, export it as a file on the plans that include export, and see how viewers use it. On Pro and Team, you can also protect demos with a password or an expiry date, add a lead form, see per-viewer analytics, and record a copy of the page itself with each step (HTML capture, a beta feature under clause 12). On Team, the workspace admin invites members who create demos in one shared workspace.
We may improve, change or discontinue features of the service over time. We will use reasonable efforts to avoid disrupting your work when we do.
Features not yet available. Our website may describe features as coming later, such as custom domains. Your purchase is not contingent on any future feature, and we do not promise that any feature will be delivered or when. Clause 12 covers features we offer as beta.
The Free plan. We provide the Free plan at no charge. We may change its limits or end it with reasonable notice. Clauses of these terms that refer to fees do not apply to it.
Maintenance windows. We may perform maintenance that makes the service temporarily unavailable, with or without prior notice. We will use reasonable efforts to schedule planned maintenance at times intended to minimize disruption. The service may be unavailable during maintenance windows, and we are not liable for any unavailability, delay or loss of access resulting from scheduled or emergency maintenance.
04Accounts and Security
Your credentials. You are responsible for your account, for keeping your sign-in credentials secure, and for all activity under your account. We recommend turning on two-factor authentication. Tell us promptly through our contact page if you believe your account has been accessed without your permission.
Verified email. An account works only after its email address is verified. Please give us accurate account information and keep it current.
Authorized users. You may allow authorized users to use the service under your account or workspace. You are responsible for their compliance with these terms, and their acts and omissions are treated as your own. On the Team plan, the admin decides who is invited, who may create demos, and who is removed. Removing a member ends their access to the workspace at once.
Account recovery. If you lose access to your authenticator app, our staff can reset two-factor authentication only after verifying, by means we choose, that the request comes from you.
05Plans, Fees, Renewal and Payment
5.1Plans and Fees
You will pay the fees displayed at checkout or stated in an applicable written order. As of the date shown above, the plans and fees are as follows. All fees are in United States dollars.
- Free. No charge. One creator, three published demos, every editing tool, basic view counts, and a small “Made with Proovyt” badge on published demos.
- Creator. $35 a month billed annually at $420 a year, or $45 billed monthly, paid in advance. One creator.
- Pro. $79 a month billed annually at $948 a year, or $99 billed monthly, paid in advance. One creator.
- Team. $49 per seat a month billed annually at $588 per seat a year, or $59 per seat billed monthly, paid in advance. At least 2 seats. Self-serve checkout sells up to 100 seats, and larger teams buy under a written order.
The prices above are the current prices and may change as described in these terms. The fee, billing frequency, seat count and amount that apply to your purchase are those displayed at checkout or stated in your written order, which govern if they differ from the prices listed here. What each plan includes is shown on our pricing page and in the application.
5.2Taxes
Unless expressly stated otherwise, fees exclude applicable sales, use, withholding, value-added, goods and services and similar taxes. You are responsible for those taxes, other than taxes on ProfytAI’s net income. Where we are required to collect a tax, we will add it to your invoice. If you are required to withhold a tax, you will gross up the payment so we receive the full fee.
5.3Payment Authorization
Payments are processed by Stripe, our payment processor. By providing a payment method and buying a recurring subscription, you expressly authorize ProfytAI and Stripe to store or tokenize the payment credentials and to charge the applicable subscription fees, seat fees and taxes at the billing frequency disclosed before purchase. This authorization continues until cancellation takes effect or the subscription otherwise ends. Your card details go directly to Stripe and never reach our servers.
5.4Automatic Renewal
Unless expressly identified as non-renewing, each paid subscription automatically renews for successive periods equal to the then-current subscription term until cancelled. A monthly subscription renews monthly. An annual subscription renews every 12 months.
Before you submit payment, the service will disclose the amount due, the billing frequency, the automatic-renewal nature of the subscription, and how to cancel. We may send renewal reminders as required by applicable law or payment-network rules. For any subscription with a term of one year or longer, we will send an advance renewal reminder by email before the renewal charge, stating the amount, the renewal date, the plan and a direct way to cancel. Failure to receive a courtesy reminder does not void a renewal you validly authorized, except where applicable law provides otherwise.
5.5Upgrades and Plan Changes
The workspace admin can change plan or billing period from the billing page in the application, which opens the Stripe customer portal to confirm the change.
- Upgrades. An upgrade to a higher plan takes effect when you confirm it. Stripe prorates the difference for the rest of the current term, and the amount is shown before you confirm.
- Downgrades. A move to a lower plan or to Free takes effect at the end of the current billing period. You keep the higher plan until then. An annual plan therefore changes at renewal, so the year you paid for stays yours. Clause 06 explains what changes when it does.
- One-creator plans. Creator and Pro are for one person. A workspace with members or open invitations cannot move to either until the admin removes them. Nobody is removed automatically.
- Buying again on this website. If your email address already holds a paid plan, checkout on this website will send you to the application to change it there, so your workspace keeps one subscription and one billing history.
5.6Team Seats
Team is billed per seat. Every active member of the workspace takes a seat, the admin included, and every open invitation holds a seat until it is accepted, revoked or expires. The admin can add seats at any time up to the self-serve maximum, and can remove seats down to the number of members plus open invitations.
Seat changes are prorated by Stripe. Seats added during a term are charged for the rest of that term, and seats removed during a term are credited against a later invoice of the same subscription, as calculated by Stripe and shown before you confirm. If a seat change made through the Stripe portal leaves fewer seats than members, nobody is removed, but no one new can join until seats are added or people leave.
5.7Cancellation
You may cancel at any time from the billing page in the application, which opens the Stripe customer portal. You are not required to telephone us or to give 30 days’ advance written notice to stop a future renewal.
Cancellation takes effect at the end of the then-current paid term. You keep full paid access through the end of that term, and then your workspace moves to the Free plan as described in clause 06. Your account, demos and data are not deleted because a subscription ended. Cancellation prevents future renewal charges but does not retroactively cancel a term already paid for, and fees already charged are not refunded, except as subclause 5.8 provides.
5.8Refunds and Credits
Except where required by applicable law, expressly stated at checkout or in a written order, or expressly provided elsewhere in these terms, fees are prepaid, non-refundable and non-creditable once charged. We do not provide prorated refunds or credits for unused portions of a subscription term, voluntary cancellation, downgrades, reduced usage, or failure to use the service. The exceptions in these terms are the following.
- Proration of upgrades and Team seat changes calculated by Stripe, under subclauses 5.5 and 5.6.
- A pro rata refund when we end a subscription for convenience, under clause 21.
- A pro rata refund when you end a subscription after objecting to a new subprocessor, under section 7.3 of the Data Processing Addendum.
- A refund of prepaid, unused fees under our intellectual property indemnity in clause 18.
We may issue a refund or credit in our discretion, and doing so creates no obligation to do the same in another case. Nothing in this subclause limits rights that cannot lawfully be waived.
5.9Failed or Reversed Payments
If a payment is declined, reversed, disputed or otherwise not received, your plan stays in place while Stripe retries the charge. We may also ask you for another payment method. If the payment has still not been received when the retries end, the subscription ends and your workspace moves to the Free plan as described in clause 06. You remain responsible for undisputed amounts properly incurred before then.
5.10Price Changes
Except where a specific written pricing commitment applies, we may change subscription or seat prices prospectively. A price increase will not alter a subscription term already paid, and will ordinarily take effect no earlier than the next renewal following the notice period stated in the applicable communication. We will provide advance notice of a material price increase where required by law or payment-network rules, and you may cancel before it applies.
5.11Promotional and Trial Offers
Any free trial, introductory offer, discount or promotional pricing is governed by the specific terms disclosed when you enroll. If a trial does not automatically convert, you must buy a paid subscription to continue. If a trial does automatically convert, the amount and timing of the first charge, the recurring billing frequency, the cancellation method and the automatic-renewal terms will be disclosed before enrollment, and we will email you a reminder at least seven days before the first charge, in addition to any reminder required by law or payment-network rules.
06Downgrades and the End of a Paid Plan
When a downgrade takes effect, or a subscription ends because you cancelled or a payment was not received, your workspace keeps working on the lower plan. Nothing is deleted. Features the lower plan does not include stop applying, and the settings behind them are kept, so an upgrade brings them back.
- Published demos stay published. A downgrade never unpublishes a demo. On Free, you cannot publish a new demo while three or more are published, but you can republish a demo that is already live.
- The badge returns on Free. Published demos on the Free plan show the “Made with Proovyt” badge.
- Custom branding stays saved. Your logo, brand name, website link and favicon are kept, but are not shown on hosted demos, exports or the preview until the workspace is on a plan that includes them.
- Owned HTML export. The standalone HTML file and the web folder are available only on plans that include them. The project file backup and the export of all your demos work on every plan, because they are your own data.
- Passwords and expiry dates keep protecting your demos. A password or expiry already set stays in force after a downgrade, so a downgrade never exposes a demo you chose to protect. You may remove it, but you cannot add a new one without a plan that includes it.
- Lead forms stop, and your leads stay yours. A lead form stops showing and stops accepting submissions. Its settings are kept. Leads you already hold can still be listed, exported and deleted on every plan, so you can always answer a viewer’s request. Per-viewer progress is hidden until you upgrade, and leads keep being deleted at the end of the retention period your workspace chose.
- Analytics. On Free, you see basic view counts. Full analytics return on a paid plan.
- Page copies stay yours. Page copies recorded with HTML capture while your workspace was on a plan that includes it stay with their demos after a downgrade. You can keep showing, editing, publishing and exporting them. The extension records no new page copies on a plan without HTML capture.
- Team members are never removed by a downgrade. Existing members keep their access, but no one new can join while the workspace has more people than its plan allows.
07Your Content and Licenses
Your content is yours. As between you and us, you own your customer content, including your screenshots and demos. We claim no ownership of it.
License to operate the service. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit and display your customer content, and to make backups of it, solely to provide, secure and support the service for you. That includes making the published copies of a demo, baking blur and redaction into the images you publish or export, resizing and converting files, delivering published demos to the viewers you share them with, and checking content when we investigate a report or a suspected breach of these terms. The license includes reformatting page copies so they display correctly, applying your blur, hide and text edits to them, and serving them to the viewers you share a demo with. This license ends when your customer content is deleted from the service, except for backups kept for a limited period and copies a viewer already holds.
Assets in page copies. When you record a page with HTML capture, you authorize us to read and store the images, font files, text and style information that page shows, and to serve them as part of your demo. We do this only as your service provider, and we do not offer those assets to any other customer. We may decline to store, or may remove, any asset we cannot process safely, and show the step’s screenshot or a default in its place.
Your rights to what you capture. You represent and warrant that you own or have all the rights, licenses and permissions needed to capture, upload, edit, publish and share your customer content, including any third-party product, interface, trademark, image, audio or text that appears in it, and any personal data it contains. If you capture a product you do not own, such as a client’s application or a tool you use under license, it is your responsibility to have permission to show it. That includes the right to copy and display the fonts, images and text of any page you record with HTML capture. A page being publicly accessible does not by itself give you permission to copy it.
Blur, redaction and hiding are your call. We do not automatically detect or remove personal or confidential information from your content. For screenshots, blur and solid redaction are baked into the image pixels. For page copies, blur replaces the covered text and images and hide removes the element. In both cases this happens, and is checked, before a demo is published or exported, so the original is not sent to viewers. You are responsible for checking that every piece of information you need to hide is covered before you publish, share or export. We are not responsible for information you leave visible.
Backups and exports. The service lets you export a project backup and, on plans that include it, a self-contained HTML file. Keep your own copies of anything important. Once you or a viewer downloads an export or an image, that copy is outside our control.
08Publishing, Sharing and Viewers
Published means public, unless protected. A published demo can be opened by anyone who has its link, and an embed can be placed on any website. Unpublishing takes the hosted page down at once. Publishing copies only the screenshots the demo uses, and the rest of your workspace stays private.
Passwords and expiry dates. On Pro and Team, you can protect a demo with a password of at least eight characters, an expiry date, or both. Choose a strong password and share it only with the people you intend. A viewer who downloaded an image while a demo was public keeps that copy.
Embeds on other websites. When you embed a demo on a website you control, you are responsible for that website, including its own privacy notice, cookies and scripts. The Proovyt frame inside it sets no cookies.
Viewers. Viewers do not need an account. If you view a demo, you agree not to bypass a password, an expiry date or any other protection, not to interfere with the service, and not to use a demo to break the law. The person who shared the demo, not ProfytAI, is responsible for its content.
Analytics. Viewer analytics for hosted demos and embeds are counted without cookies and without storing IP addresses, as our Privacy Policy explains. You will not try to identify individual viewers from analytics, other than viewers who send your lead form.
09Lead Capture and Per-Viewer Analytics
On Pro and Team, you can add a lead form to a published demo. It asks for a name and an email address, optionally a company, and optionally shows a consent checkbox with wording you write. For viewers who send it, you see how far each one got. Viewers who do not send it stay anonymous.
You are the controller of lead data. You decide to collect it and what to do with it. We process it for you as your processor under clause 10 and the Data Processing Addendum. In particular, you are responsible for the following.
- Having a lawful basis under data protection law for collecting lead data, for any later contact, and for linking a viewer’s visits to their details.
- Giving viewers any notice the law requires, including who you are and how you will use their details, through your own privacy notice. The form tells viewers that their details go to the person who shared the demo.
- Writing any consent wording accurately and lawfully. We store the exact wording each viewer saw with their answer, as your evidence. Ticking it is never required to see the demo, and you must not make it a condition where the law forbids that.
- Obtaining any consent the law requires for storing the lead token on a viewer’s device, which the form uses to recognize a returning viewer for up to 180 days.
- Choosing a retention period that suits your purpose. The workspace admin chooses from 30 to 730 days, 365 by default, and leads older than that are deleted.
- Answering viewers’ requests to access, correct or delete their details. You can export and delete leads at any time, on every plan.
- Complying with anti-spam and marketing laws when you contact anyone whose details you collected.
You must not use a lead form to collect passwords, payment card or bank details, government identification numbers, health information or other sensitive personal data, or to collect details from children.
10Data Processing Addendum
Our Data Processing Addendum forms part of these terms and is incorporated here by reference. It applies automatically, with no separate signature, whenever we process customer personal data on your behalf, such as lead data and the viewer analytics produced for your demos. It sets out our commitments as your processor, including security measures, subprocessors, personal data breach notice, international transfers under the Standard Contractual Clauses, audits, and return and deletion. If you need a countersigned copy for your records, ask through our contact page.
You give us general authorization to use the subprocessors on our Subprocessors page. We give at least 30 days’ notice before a new one processes customer personal data, and you may object as the addendum describes.
For customer personal data, the Data Processing Addendum controls over any conflicting term in these terms, and the Standard Contractual Clauses control over the addendum where they apply. For account, billing, website and security data, ProfytAI is a controller under our Privacy Policy, and the addendum does not apply to it.
11The Proovyt Capture Extension
The Proovyt Capture extension for Chrome records a click-through of a product into demo steps. Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use it with your account. Your use of it is also subject to the terms of the Chrome Web Store, where we make it available.
- It records only when you start it. Recording begins when you press Start recording and happens only in the tab where you started. Each click captures a screenshot of the visible tab, the click position, the page title and host name, and the label of the clicked element. On Pro and Team, each click also records a copy of the page as described in clause 07. The extension never reads what is typed into a field, which stays part of the screenshot.
- Screenshots show what is on screen. Anything visible in the tab while you record, including personal data, will be in the screenshot. Record with test or sample data where you can, and blur anything you need to hide before you publish.
- Record only what you may show. Use the extension only on products, accounts and pages you own or have permission to capture and share.
- The capture token. Connecting the extension creates a token tied to you and one workspace. It can only create demos from your recordings, it cannot read or change your other demos or settings, and it expires after 90 days. You can revoke it at any time from the connect page or the extension, and it ends when your password is reset or your access to the workspace ends.
- Permissions. The extension asks only for access to the tab you choose to record, the ability to run its recorder in that tab, its own storage, and access to the Proovyt application. It sends what it records only to Proovyt.
- Updates. We may update the extension, and Chrome may install updates automatically. You can remove it at any time from your browser.
On some pages a click is held for a fraction of a second while its screenshot is taken and then passed to the page, so the step shows the screen as it was before the click. A few pages treat that click differently. You are responsible for any action you take on a page while recording.
12Beta Features
Some features are offered as beta and are labeled as such in the service. Today that includes HTML capture, which on Pro and Team records a copy of the page itself with each screenshot. Beta features may change or be withdrawn, may not reproduce every page exactly, and are provided as is, without any commitment that they will become generally available. Where a page cannot be copied cleanly, the service keeps the screenshot as the step’s version. Content you make with a beta feature is your customer content under clause 07, and these terms apply to it in full.
13Acceptable Use
You agree to use Proovyt only for its intended purpose and in line with applicable law. You agree not to use the service, or let anyone else use it, to do any of the following.
- Impersonate. Pretend to be another person, company or brand, or present a demo of a product as if it came from its maker when it does not, in a way likely to mislead.
- Phish or collect credentials. Use a demo, a lead form or a hosted page to trick anyone into giving passwords, sign-in codes, payment details or other sensitive information, or to imitate a sign-in or payment screen for that purpose.
- Spread malware. Upload or link to viruses, malware or any code designed to harm, or use a demo to direct people to it.
- Publish illegal content. Create or share content that is unlawful, including content that exploits or endangers children, incites violence, harasses or threatens others, or is defamatory or fraudulent.
- Infringe. Upload or publish material that infringes anyone’s copyright, trademark, privacy, publicity or other rights.
- Capture what you have no right to show. Capture, publish or share third-party products, accounts, interfaces or data that you do not have the right to show, including confidential information belonging to an employer, client or vendor, or using fonts or images in a page copy in a way their license does not allow.
- Misuse personal data. Publish personal data about other people without a lawful basis, or use lead forms to collect sensitive data or details from children.
- Spam. Use the service to send or promote unsolicited bulk messages.
- Abuse the hosting. Use published demos as general file hosting, to distribute content unrelated to a product demo, or to drive automated or fraudulent traffic.
- Get around limits. Avoid plan limits, remove or hide the Free plan badge by technical means, share one seat among several people, or bypass a password or expiry date.
- Attack the service. Probe, scan or test the vulnerability of the service, or try to disrupt or defeat its security or integrity, without our written permission.
- Reverse engineer or copy. Reverse engineer, decompile or disassemble the service or the extension, except to the limited extent the law does not allow this restriction, or copy, modify or create derivative works of our software.
- Access by other means. Access the service other than through the interfaces we provide, scrape it, or use it to build or benchmark a competing product.
- Resell. Resell, sublicense or misrepresent the service, except as a written order allows.
Our right to remove demos. We may remove, unpublish or take down any demo or content, and restrict any feature, that we reasonably believe breaks this clause or the law, or that puts the service, its users, viewers or third parties at risk. Clause 14 explains how.
14Takedowns, Infringement Notices and Suspension
14.1Reporting a Demo
If you believe a demo hosted on Proovyt breaks these terms or infringes your rights, report it through our contact page with the following.
- The link to the demo and the specific content you are reporting.
- The right you believe is infringed or the rule you believe is broken, and why.
- Your name, address, email address and telephone number.
- A statement that you believe in good faith that the use is not authorized by the rights owner, its agent or the law.
- A statement that the information in your notice is accurate and, for an infringement claim, that you are the rights owner or authorized to act for them.
- Your physical or electronic signature.
We review every complete notice and act on it as we reasonably see fit. We may share your notice with the customer concerned.
14.2What We May Do
- Take down a demo. A taken-down demo’s link and embed show that it has been taken down, its published images stop being served, and it cannot be published again until we clear the takedown.
- Suspend a person or workspace. A suspension signs out the affected people, revokes their extension tokens, and stops the workspace’s demos from playing. Nothing is deleted, and reactivation restores access.
- Close an account for serious or repeated breaches, as clause 21 allows.
Where it is lawful and safe, we will tell you what we did and why, and you may reply with a counter-notice or an explanation through our contact page. We may restore content that we find was removed in error. We may act without notice where needed to protect people or the service, or to comply with law. Every such action by our staff is recorded in an audit log. We may suspend repeat infringers.
15Intellectual Property and Feedback
The service, including its software, the player, the extension, design, look and feel, text and other content that we provide, belongs to ProfytAI and its licensors and is protected by intellectual property laws. Except for the limited rights granted in these terms, we reserve all rights in and to the service. The Proovyt name and logo are our trademarks, and these terms give you no right to use them except to refer to the service accurately.
We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the service for your business purposes under these terms. On plans that include owned HTML export, you may host and share the exported files, including the player code inside them, to present your demos, but not to build or offer a competing product.
Feedback. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them to improve the service, with no obligation to you.
16Confidentiality
Each party may receive confidential information from the other in connection with the service. Confidential information includes non-public information that is marked confidential or that a reasonable person would understand to be confidential, including your unpublished customer content and lead data, and our non-public product and security information.
The receiving party will use the disclosing party’s confidential information only to perform under these terms, will protect it with reasonable care, and will not disclose it except to its personnel, subprocessors and advisors who need it and are bound to keep it confidential. This does not apply to information that is public through no fault of the receiving party, that the receiving party already knew, that it lawfully received from a third party, or that it independently developed. A party may disclose confidential information when required by law, giving reasonable notice where allowed. A demo you publish is not confidential once published, except to the extent it is protected by a password.
17Third-Party Services
The service works with services we do not control, such as Stripe for payments, Google Chrome and the Chrome Web Store for the extension, and the websites where you embed demos or that your demos link to. Your use of those services is governed by their own terms and privacy notices. We are not responsible for them, and their availability is not a warranty by us.
18Indemnification
You agree to defend, indemnify and hold harmless ProfytAI and its officers, employees and agents from and against claims, losses, liabilities and expenses, including reasonable legal fees, that arise from your use of the service, from your customer content, from your collection or use of lead data, from your capture or publication of any third-party product or data, or from your breach of these terms or of applicable law. We will notify you of the claim, allow you to control the defense, and cooperate reasonably. You may not settle a claim in a way that admits fault by us or binds us without our written consent.
Our indemnity to you. We will defend you against a third-party claim that the service, as provided by us and used as permitted, infringes that third party’s intellectual property rights, and we will pay the damages finally awarded against you or agreed by us in settlement of that claim. If the service becomes, or we believe it may become, the subject of such a claim, we may at our option obtain the right for you to keep using it, modify or replace it so it is non-infringing, or end the affected subscription and refund any prepaid, unused fees. This indemnity does not apply to a claim arising from your customer content, from combining the service with anything we did not provide, or from use of the service other than as permitted. You will promptly notify us of the claim, let us control its defense and settlement, and cooperate. This states our entire liability, and your exclusive remedy, for a third-party intellectual property claim.
19Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
To the fullest extent allowed by law, we disclaim the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, and any warranty arising from a course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, timely, secure or error-free, that it will meet your requirements, or that analytics will be complete or exact.
No guarantee of results. Proovyt helps you make and share product demos. It does not guarantee any number of views, leads, sales or other business outcome. Bot filtering, unique viewer counts and completion rates are estimates. Blur, redaction, passwords and expiry dates reduce risk but cannot stop a viewer from recording their own screen or keeping a copy of what they were shown.
20Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA OR LOST BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF PROFYTAI FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND ONE HUNDRED UNITED STATES DOLLARS (US$100).
Exceptions to these limits. The exclusion of damages and the liability cap above do not apply to a party’s breach of its confidentiality obligations, to ProfytAI’s gross negligence, willful misconduct or fraud, to either party’s indemnification obligations, to amounts you owe for the service, or to any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence.
These limits apply to all theories of liability, whether in contract, tort or otherwise. Some jurisdictions do not allow certain limits, so parts of this clause may not apply to you.
21Term and Termination
These terms apply while you have an account or use the service.
Ending your subscription or account. You may stop future renewals at any time by cancelling online, as subclause 5.7 describes. Your account then continues on the Free plan. You may also delete your account yourself at any time, from the Delete Account card in Manage Account, without contacting us. A renewing paid plan on a workspace that only you belong to must be cancelled first, and a workspace with other members must keep an owner and an admin, as the card explains. Deletion takes effect 7 days after you confirm it. During those 7 days the workspaces being deleted serve no demos, and you can sign in and select Keep My Account to cancel it. The Privacy Policy describes what is deleted and what is kept. If you cannot sign in, write to us through our contact page using the email address on the account and we will verify the request and run the same deletion for you.
Termination for cause. Either party may terminate for a material breach that is not cured within 30 days after written notice. We may suspend or terminate access immediately where needed to protect the service, its users, viewers or third parties, for a serious or repeated breach of clause 13, or to comply with law.
Termination for convenience by us. We may terminate a paid subscription, or stop offering the service, for convenience on at least 30 days’ written notice. The termination takes effect at the end of your then-current paid term, or earlier with a pro rata refund of prepaid fees for the unused period.
Exporting your data. While your account exists you can export your demos as a project backup, export all your demos, and export your leads, on every plan. If we close your account for any reason other than a serious breach by you, we will give you at least 30 days to export first, unless the law prevents it. Keep your own copies of anything you need.
After closure. When an account is closed, its published demos stop playing, and we delete its data from the live service within 30 days, with backups overwritten within 90 days, as section 14 of the Data Processing Addendum describes. We may keep data for longer where the law requires it, to resolve a dispute, or to enforce these terms.
Survival. The clauses on your content and licenses, data processing until deletion is complete, intellectual property, confidentiality, disclaimer of warranties, limitation of liability, indemnification, governing law and general terms survive termination, together with any payment obligations already incurred.
22Governing Law and Dispute Resolution
These terms, and any dispute or claim arising out of or in connection with them or the service, are governed by the laws of the Republic of Singapore, without regard to conflict of laws principles. The courts of Singapore have exclusive jurisdiction over any such dispute or claim.
Nothing in this clause deprives you of the protection of mandatory consumer-protection or automatic-renewal laws of your place of residence or business that cannot be excluded by agreement, and those laws continue to apply to you regardless of the governing law chosen above. Where the Standard Contractual Clauses apply under the Data Processing Addendum, their own choice of law and courts applies to them.
Before starting a formal proceeding, the parties will try in good faith to resolve the dispute informally by contacting each other. Any dispute that is not resolved that way is decided by the courts described above. Nothing in this clause prevents either party from seeking urgent injunctive relief in any court of competent jurisdiction.
23Changes to These Terms
We may update these terms as the product and the law change. When a change is material we will update the date shown above and tell you through the service or by email. For a paid subscription, we will give at least 30 days’ notice of a material change by email, and the change takes effect for that subscription no earlier than its next renewal, unless the change is required by law, so you can cancel before it applies. Non-material changes take effect when posted, or on a later effective date if we give one. If you keep using the service after an update takes effect, you accept the updated terms. If you do not agree, stop using the service and close your account.
24General
The provider. The service is provided by ProfytAI Pte. Ltd., a private company limited by shares incorporated in Singapore, UEN 202542653R, with its registered office at 10 Anson Road, #17-11, International Plaza, Singapore 079903. Proovyt is a product and trading name of ProfytAI Pte. Ltd. and is not a separate legal entity.
Assignment. You may not assign these terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. These terms bind and benefit the parties and their permitted successors.
Force majeure. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, outages of third-party infrastructure, or acts of government. This does not excuse a payment obligation.
Export controls and sanctions. You will not use the service in breach of export control or sanctions laws, or on behalf of anyone those laws prohibit us from dealing with.
Severability. If any provision is held unenforceable, the rest of these terms stays in effect, and the unenforceable provision is limited to the minimum extent needed.
Entire agreement. These terms, including the Data Processing Addendum incorporated by clause 10, the Privacy Policy and any written order together are the entire agreement between you and us about the service. They replace any prior agreement on this subject. If those documents conflict, a written order controls, then the Data Processing Addendum for customer personal data, then the rest of these terms, then the Privacy Policy. A failure to enforce a provision is not a waiver of it.
No third-party rights. A person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of them.
Relationship. The parties are independent contractors. These terms create no partnership, agency or employment relationship.
Notices. We may give notice through the service or by email to the address on your account, and to the workspace admin for a workspace. You may send notice to us through our contact page, or by post to our registered office.
25Contact
Questions about these terms can be sent through our contact page, or by post to ProfytAI Pte. Ltd., 10 Anson Road, #17-11, International Plaza, Singapore 079903.
You can also reach us through our contact page, with the subject “Security and privacy” already chosen. A formal notice under these terms must still go to the email or postal address above.
