Terms and Conditions

Last Updated: September 2026

1. Acceptance of Terms

These Terms and Conditions (these "Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Proustite ("Proustite," "we," "us," or "our") governing your access to and use of the proustite.net software-as-a-service platform, including all associated applications, application programming interfaces, dashboards, documentation, content, and functionality made available at proustite.net or any successor or affiliated Proustite (collectively, the "Service"). By accessing, browsing, registering for, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy, each of which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE SERVICE. Your continued use of the Service following any modification to these Terms constitutes your acceptance of the modified Terms. If you are accessing the Service on behalf of a company, partnership, limited liability company, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms, in which case "you" shall refer to that entity.

You represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, and that you possess the legal capacity to enter into a binding contract. The Service is not intended for, and may not be used by, any person under the age of thirteen (13). If you access the Service from outside the United States, you do so on your own initiative and are solely responsible for compliance with all applicable local laws.

In the event of any conflict or inconsistency between these Terms and any separate written agreement executed by you and Proustite (including any enterprise subscription agreement, order form, or master services agreement), the terms of such separately executed agreement shall control solely with respect to the subject matter addressed therein, and these Terms shall govern all remaining matters.

2. Use of Service

Subject to your continued compliance with these Terms, Proustite grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the applicable subscription term solely for your internal business or personal purposes. All rights not expressly granted herein are reserved by Proustite. You may not resell, sublicense, time-share, or otherwise make the Service available to any third party without our prior written consent.

2.1 Accounts and Credentials

To access certain features of the Service, you must register for an account and provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to notify Proustite immediately at [email protected] upon becoming aware of any unauthorized access, use, or security breach involving your account.

2.2 Fees, Subscriptions, and Renewals

Certain features of the Service are provided on a paid subscription basis. All fees are stated in U.S. dollars and are exclusive of applicable taxes, which you are responsible for paying. Unless otherwise stated in an order form, subscriptions automatically renew for successive periods of equal length unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term. Except as expressly required by applicable law, all fees paid are non-refundable.

2.3 Acceptable Use Restrictions

You agree not to, and shall not permit any third party to:

reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying structure, or algorithms of the Service;
copy, modify, translate, or create derivative works based on the Service or any component thereof;
use the Service to build, train, or improve a competing product or service, or for purposes of competitive analysis or benchmarking without our prior written consent;
interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, its servers, networks, or related infrastructure;
upload or transmit any virus, malware, ransomware, or other harmful code;
use automated scripts, bots, scrapers, or harvesting tools to access the Service other than through documented interfaces we expressly authorize;
remove, obscure, or alter any copyright, trademark, or proprietary notices contained within the Service;
use the Service in violation of any applicable law, regulation, or third-party right, including export control and economic sanctions laws administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

2.4 Modifications and Third-Party Services

Proustite reserves the right to modify, suspend, discontinue, or deprecate any feature, function, or component of the Service at any time, with or without notice, including the release of beta or preview features that are provided "AS IS" without warranty of any kind. The Service may interoperate with third-party products, integrations, or application programming interfaces. We do not control and are not responsible for the availability, accuracy, security, or performance of any third-party service, and your use thereof is governed solely by the terms of the applicable third party.

3. User Obligations

You agree to use the Service only in accordance with these Terms and all applicable federal, state, and local laws, rules, and regulations, including but not limited to applicable U.S. state privacy laws, the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), and all other statutes, regulations, and industry standards applicable to your business and the data you process through the Service.

You are solely responsible for all data, text, files, images, audio, video, code, and other materials that you upload, submit, post, transmit, or otherwise make available through the Service ("User Content"). You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the licenses described in these Terms, and that your User Content does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party.

You agree that you will not submit, upload, or process through the Service any sensitive personal information, protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA), payment card data subject to the Payment Card Industry Data Security Standard (PCI DSS), or any data subject to the Gramm-Leach-Bliley Act, unless you and Proustite have executed a separate written agreement expressly authorizing such processing. You further agree to maintain appropriate administrative, technical, and physical safeguards to protect your account and any credentials used in connection with the Service.

You agree to cooperate reasonably with Proustite in investigating any suspected violation of these Terms or any actual or suspected security incident affecting the Service. We reserve the right, but assume no obligation, to monitor use of the Service to verify compliance with these Terms, and to remove or disable access to any User Content that we determine, in our sole discretion, violates these Terms or applicable law.

4. Intellectual Property Rights

The Service, including all software, source code, object code, architecture, interfaces, designs, user interfaces, text, graphics, logos, and documentation, is and shall remain the exclusive property of Proustite and its licensors, and is protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property laws. Nothing in these Terms transfers to you any right, title, or interest in or to the Service or any Proustite intellectual property, other than the limited license expressly granted in Section 2.

proustite.net, the proustite.net logo, and all related names, marks, and slogans are trademarks or registered trademarks of Proustite. You may not use any such marks without our prior written permission, and you agree not to adopt or use any mark, name, or designation that is confusingly similar thereto.

4.1 Your Data and Feedback

As between you and Proustite, you retain all right, title, and interest in and to your User Content and any data you submit to the Service. You hereby grant Proustite a worldwide, non-exclusive, royalty-free, fully paid license to host, store, reproduce, process, transmit, and display your User Content solely as necessary to provide, secure, maintain, and improve the Service, and to comply with applicable law. If you provide any suggestions, ideas, enhancement requests, or other feedback regarding the Service, you grant Proustite a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback without restriction or compensation.

4.2 Digital Millennium Copyright Act

Proustite respects the intellectual property rights of others and complies with the notice-and-takedown provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe that your copyrighted work has been copied in a manner that constitutes infringement, please submit a written notice to [email protected] that includes all information required by 17 U.S.C. § 512(c)(3). We will respond to valid notices in accordance with applicable law and may terminate the accounts of repeat infringers.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Proustite, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF Proustite ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO Proustite FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS CAP.

Proustite SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, OR DELAY RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF GOD, NATURAL DISASTERS, WAR, TERRORISM, CIVIL UNREST, LABOR DISPUTES, GOVERNMENTAL ACTION, INTERNET OR TELECOMMUNICATIONS FAILURES, THIRD-PARTY SERVICE OUTAGES, OR CYBERATTACKS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and exclusions set forth in this Section may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law. Nothing in these Terms limits any liability that cannot be limited under applicable law.

6. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Proustite EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, Proustite DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. WE MAKE NO WARRANTY REGARDING ANY RESULTS OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OR RELIABILITY OF ANY OUTPUT GENERATED THEREBY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Proustite SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

The Service is a technology platform only. Proustite does not provide legal, tax, accounting, medical, financial, or other professional advice, and nothing in the Service or its output constitutes such advice. You are solely responsible for evaluating the accuracy, completeness, and appropriateness of any information or output obtained through the Service, and for obtaining independent professional advice where appropriate.

7. Indemnification

You agree to defend, indemnify, and hold harmless Proustite, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses, including reasonable attorneys' fees and costs of investigation, arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your breach of these Terms or any representation or warranty herein; (d) your violation of any applicable law, regulation, or third-party right; or (e) any dispute between you and a third party.

We will provide you with prompt written notice of any claim subject to indemnification, provided that any delay or failure to provide such notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby. You shall have the right to assume the defense of such claim with counsel reasonably acceptable to us, provided that you diligently pursue such defense.

Proustite may, at its own expense, participate in the defense of any such claim with counsel of its own choosing. You shall not settle any claim in a manner that imposes any obligation on, or requires any admission by, any Indemnified Party, or that fails to include a complete release of the Indemnified Parties, without our prior written consent. We may, at our sole option, assume exclusive control of the defense and settlement of any claim subject to indemnification, in which case you shall cooperate fully and reimburse us for all reasonable costs and expenses incurred. This Section shall survive the termination or expiration of these Terms.

8. Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to them or the Service shall be governed by, and construed in accordance with, the laws of the State in which Proustite is organized, and the applicable federal laws of the United States, without regard to any conflict-of-laws principles that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

The parties agree that the state and federal courts located in the county in which Proustite maintains its principal place of business shall have exclusive jurisdiction over any action or proceeding not subject to arbitration, and each party irrevocably consents to personal jurisdiction and venue therein. Any claim or cause of action arising out of or relating to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred, to the maximum extent permitted by applicable law.

Nothing in these Terms shall limit any non-waivable right you may have under the mandatory consumer protection laws of your state of residence, including any rights afforded under applicable state privacy laws where applicable, such as the CCPA/CPRA.

9. Dispute Resolution

9.1 Informal Resolution

Before initiating any formal proceeding, you and Proustite agree to attempt in good faith to resolve any dispute arising out of or relating to these Terms or the Service by providing written notice to the other party describing the dispute, the facts giving rise thereto, and the relief sought. The parties shall negotiate in good faith for a period of thirty (30) days following receipt of such notice.

9.2 Binding Arbitration

If the dispute is not resolved informally, it shall be finally resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes where applicable. The arbitration shall be conducted in the county in which Proustite maintains its principal place of business, or, at your election, in your county of residence, before a single neutral arbitrator. The arbitrator's award shall be final and binding, and judgment thereon may be entered in any court of competent jurisdiction. The arbitrator may award the same damages and relief as a court could award, but shall not have the power to reform these Terms.

9.3 Class Action and Jury Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Proustite EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. All disputes shall be arbitrated or litigated on an individual basis only. If this class action waiver is found unenforceable as to any claim, that claim shall proceed in a court of competent jurisdiction, and the remainder of this Section shall remain in full force and effect.

9.4 Exceptions and Opt-Out

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of its intellectual property or confidential information, and either party may bring an individual action in small claims court. You may opt out of the arbitration provisions of this Section by sending written notice to [email protected] within thirty (30) days of first accepting these Terms, stating your name, account information, and your clear intention to opt out.

10. Termination

These Terms remain in effect for as long as you access or use the Service. Proustite may, in its sole discretion and without prior notice or liability, suspend, restrict, or terminate your access to the Service, in whole or in part, if you breach any provision of these Terms, if we are required to do so by law, or if we discontinue the Service. You may terminate your account at any time by contacting us at [email protected] or through the account settings within the Service.

Upon termination or expiration of these Terms, your license to access and use the Service shall immediately cease, and you must discontinue all use of the Service and destroy any copies of our materials in your possession or control. Proustite may, but is not obligated to, retain or provide access to your data following termination, and may delete your User Content and account data in accordance with our Privacy Policy and applicable law.

Sections 4 (Intellectual Property Rights), 5 (Limitation of Liability), 6 (Disclaimers), 7 (Indemnification), 8 (Governing Law), 9 (Dispute Resolution), 10 (Termination), 12 (Contact Information), and 13 (General Provisions), together with any other provisions that by their nature should survive, shall survive any termination or expiration of these Terms.

11. Changes to Terms

Proustite reserves the right to amend, modify, or replace these Terms at any time in its sole discretion. We will update the "Last Updated" date at the top of this page and, where changes are material, provide reasonable advance notice by email to the address associated with your account or by prominent notice within the Service. For material changes affecting paid subscribers, we will provide at least thirty (30) days' notice prior to the effective date where required by applicable law.

Your continued access to or use of the Service after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to any revised Terms, you must discontinue use of the Service prior to the effective date and, if applicable, may terminate your subscription in accordance with Section 10. It is your responsibility to review these Terms periodically.

We may also update, modify, or replace any other policy referenced in these Terms, including the Privacy Policy and the Cookie Policy, in accordance with the procedures described therein. Where a conflict exists between these Terms and any other referenced policy, these Terms shall control unless expressly stated otherwise.

12. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Service, or if you wish to provide any notice required or permitted hereunder, please contact us using the information below. Notices to Proustite shall be deemed effective upon actual receipt when delivered by email to the address below or by nationally recognized courier to the mailing address below.

Proustite
Email: [email protected]
Phone: +13035550104
Address: 1515 Wynkoop Street, Suite 400, Denver, CO 80202

Notices to you may be provided by email to the address associated with your account, by posting within the Service, or by any other means permitted by applicable law, and shall be deemed effective upon transmission or posting. You are responsible for keeping your contact information accurate and current. Reports of intellectual property infringement, security vulnerabilities, or suspected violations of these Terms should be directed to [email protected] and will be reviewed promptly by the appropriate team.

13. General Provisions

These Terms, together with the Privacy Policy, the Cookie Policy, and any order form or separately executed agreement between you and Proustite, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous understandings, proposals, and communications, whether written or oral. No failure or delay by either party in exercising any right under these Terms shall operate as a waiver thereof, and no waiver shall be effective unless in writing and signed by the waiving party.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to render it enforceable, or if modification is not possible, severed, and the remaining provisions shall continue in full force and effect. You may not assign or transfer these Terms, in whole or in part, whether by operation of law or otherwise, without our prior written consent, and any purported assignment in violation thereof shall be void. Proustite may freely assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.

No joint venture, partnership, employment, or agency relationship exists between you and Proustite as a result of these Terms or your use of the Service. The headings used herein are for convenience only and shall not affect the interpretation of any provision. These Terms are drafted in the English language, and the English version shall control in the event of any translation or conflict. Where a provision requires the consent or determination of Proustite in its discretion, such determination shall be made in good faith and in a commercially reasonable manner, except where these Terms expressly provide for sole discretion.