Terms of Service

Last Updated: September 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Proustite ("Company," "we," "us," or "our") governing your access to and use of the proustite.net platform, software, application programming interfaces, and any related services made available at proustite.net or through any associated mobile or desktop application (collectively, the "Service"). By accessing, registering for, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and 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.

You represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract, or that you are accessing the Service on behalf of a duly authorized entity and have the authority to bind that entity to these Terms. These Terms are governed by the laws of the United States and the state in which Proustite is organized, as further described in the Governing Law and Dispute Resolution section below. We may revise these Terms from time to time in our sole discretion, and your continued use of the Service following the posting of any revised version constitutes your acceptance of such revisions.

1. Service Description

proustite.net is a software-as-a-service platform that provides cloud-based tools, data processing capabilities, integrations, and related functionality to individual users and business customers. The precise scope, features, tiers, and functionality of the Service are described on our website and may be updated, expanded, restricted, or deprecated at any time. Certain features may be offered on a free, trial, or beta basis and may be subject to additional or supplemental terms presented at the time of activation. We reserve the right to determine, in our sole discretion, the technical specifications, uptime objectives, and supported environments for the Service.

The Service is provided on a hosted, subscription, or usage-metered basis and requires compatible hardware, software, and internet connectivity that you are solely responsible for procuring and maintaining. We do not guarantee that the Service will operate on every device, browser, or network configuration, nor that it will be uninterrupted, error-free, or free of harmful components. Any service levels, uptime commitments, or support response times applicable to paid subscription tiers, if any, shall be set forth in an applicable order form, service level agreement, or enterprise agreement executed by both parties, which shall control in the event of a conflict with these Terms.

You acknowledge that the Service may incorporate third-party services, application programming interfaces, open-source components, or data sources. Your use of such third-party elements may be subject to separate terms imposed by the applicable third party, and we disclaim all responsibility and liability for the acts, omissions, availability, or performance of any third-party provider. We may modify, suspend, or discontinue integrations with any third party at any time without notice or liability.

2. User Accounts

To access certain features of the Service, you must register for an account by providing accurate, current, and complete information. You agree to promptly update your account information to keep it accurate and complete. You are solely responsible for maintaining the confidentiality of your login credentials, API keys, access tokens, and any other authentication mechanism associated with your account, and you agree not to share, transfer, sublicense, or disclose such credentials to any third party without our prior written consent.

You are fully responsible and liable for all activity that occurs under your account, whether or not authorized by you, including all data uploaded, content published, instructions executed, and fees incurred. You must notify Proustite immediately at [email protected] upon becoming aware of any unauthorized access, security breach, or suspected compromise of your account. We shall not be liable for any loss or damage arising from your failure to safeguard your credentials or to promptly report a security incident.

Where an account is established on behalf of an organization, the individual accepting these Terms represents that they have authority to bind that organization, and the organization shall be jointly and severally liable for all obligations under these Terms. We reserve the right to refuse registration, suspend or terminate any account, and require verification of identity or business credentials at any time in our sole discretion. Accounts are non-transferable except with our prior written approval, and any attempted assignment in violation of this provision is void.

2.1 Account Security Obligations

  • Employ strong, unique passwords and enable multi-factor authentication where available.
  • Immediately revoke access for any employee, contractor, or agent whose authorization has ended.
  • Maintain accurate records of all authorized users and their permission levels.
  • Promptly notify us of any change in your legal entity status, ownership, or primary contact information.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes and strictly in accordance with these Terms, all applicable federal, state, and local laws and regulations of the United States, and any applicable international laws. You are solely responsible for ensuring that your use of the Service, and any data you submit, store, process, or transmit through the Service, complies with all legal requirements applicable to you, including laws governing data privacy, consumer protection, intellectual property, export control, and telecommunications.

You shall not use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use and enjoyment of the Service. You shall not attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service, whether through password mining, penetration testing without written authorization, scraping, automated querying, or any other means. You shall not use the Service to develop, train, or improve a competing product or service, nor to conduct competitive benchmarking or analysis without our prior written consent.

We reserve the right, but not the obligation, to monitor use of the Service for compliance with this Acceptable Use Policy, to investigate suspected violations, and to remove or disable access to any content or account that we determine, in our sole discretion, violates these Terms or applicable law. We may report suspected unlawful activity to law enforcement authorities and cooperate fully with any resulting investigation. Enforcement actions are without prejudice to any other remedies available to us at law or in equity.

4. Prohibited Activities

Without limiting the generality of the Acceptable Use Policy, you expressly agree not to engage in any of the following activities in connection with the Service:

  • Uploading, transmitting, or storing any content that is unlawful, defamatory, obscene, harassing, hateful, discriminatory, or that infringes the intellectual property, privacy, or publicity rights of any third party.
  • Transmitting malware, ransomware, spyware, worms, Trojan horses, or any other malicious code or harmful component.
  • Engaging in phishing, spoofing, identity theft, fraud, or any deceptive or misleading practice.
  • Sending unsolicited bulk communications, spam, or chain letters, or violating the CAN-SPAM Act or any comparable statute.
  • Processing or storing protected health information, payment card data, or other regulated data categories unless expressly authorized in writing by Proustite.
  • Circumventing, disabling, or interfering with security features, access controls, rate limits, or usage restrictions of the Service.
  • Reverse engineering, decompiling, disassembling, or attempting to derive the source code, structure, or underlying algorithms of the Service, except as expressly permitted by applicable law.
  • Using the Service to violate any export control, sanctions, or anti-money laundering law, or on behalf of any person or entity subject to U.S. sanctions.
  • Reselling, sublicensing, time-sharing, or otherwise commercially exploiting the Service without our prior written authorization.

Violation of any prohibition in this section constitutes a material breach of these Terms and may result in immediate suspension or termination of your account, forfeiture of prepaid fees, and civil or criminal liability. You agree to indemnify and hold Proustite harmless from any claims, damages, losses, or expenses, including reasonable attorneys' fees, arising from your violation of this section.

5. Content Ownership

All right, title, and interest in and to the Service, including all software, source code, object code, algorithms, models, interfaces, designs, text, graphics, logos, trademarks, service marks, and documentation, are and shall remain the exclusive property of Proustite and its licensors. The Service is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you, and all rights not expressly granted are reserved by Proustite.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to access and use the Service solely for your internal business or personal purposes during the term of your subscription. This license does not include any right to copy, modify, distribute, sell, lease, or create derivative works of the Service or any portion thereof.

As between you and Proustite, you retain all right, title, and interest in and to the data, files, records, and materials that you upload, submit, or otherwise make available through the Service ("Customer Data"). You hereby grant Proustite a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create derivative works of Customer Data solely as necessary to provide, maintain, secure, and improve the Service, to comply with law, and to enforce these Terms. We may also generate aggregated and de-identified data derived from Customer Data, which we may use for analytics, benchmarking, product development, and other lawful business purposes, provided such data does not identify you or any individual.

5.1 Feedback

Any suggestions, ideas, enhancement requests, or other feedback you provide regarding the Service shall be deemed non-confidential and shall become the sole property of Proustite, which may use such feedback without restriction, attribution, or compensation.

6. User-Generated Content

The Service may permit you and other users to upload, post, publish, transmit, or share content, including text, images, files, comments, configurations, and other materials ("User-Generated Content"). You are solely responsible for all User-Generated Content that you submit, and you represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to submit such content and to grant the licenses described in these Terms.

You agree that your User-Generated Content will not violate any third-party rights, including copyright, trademark, patent, trade secret, privacy, or publicity rights, and will not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable. We do not endorse, verify, or assume any responsibility for User-Generated Content, and we expressly disclaim all liability arising from your or any third party's User-Generated Content. You acknowledge that you may be exposed to content that is inaccurate, offensive, or otherwise objectionable, and you agree to waive any legal or equitable rights or remedies you may have against Proustite with respect thereto.

By submitting User-Generated Content, you grant Proustite a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating, promoting, and improving the Service. We reserve the right, but not the obligation, to review, screen, refuse to post, or remove any User-Generated Content at any time, for any reason, without notice. If you believe that any content on the Service infringes your copyright, you may submit a written notification to [email protected] in accordance with the Digital Millennium Copyright Act, 17 U.S.C. ยง 512, including identification of the copyrighted work, the infringing material, your contact information, and a statement made under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.

7. Payment Terms

Certain portions of the Service are provided for a fee. By subscribing to a paid plan, you agree to pay all applicable fees in U.S. dollars in accordance with the pricing and billing terms presented at the time of purchase or set forth in an applicable order form. Except as expressly stated otherwise, all fees are non-refundable, including in the event of partial use, suspension, or termination of your account. Fees are exclusive of all applicable federal, state, and local taxes, levies, or duties, which you are responsible for paying.

Subscriptions renew automatically for successive periods equal to the initial term unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term. You authorize Proustite or its payment processor to charge your designated payment method on a recurring basis for all renewal fees, usage-based charges, and applicable taxes. You are responsible for providing accurate and current payment information and for promptly notifying us of any change to your billing details.

If any payment is not received when due, we may suspend or terminate your access to the Service, and you shall be liable for all reasonable costs of collection, including attorneys' fees. We reserve the right to modify our pricing upon at least thirty (30) days' notice, and continued use of the Service after the effective date of any price change constitutes your acceptance of the new pricing. All payment obligations are non-cancelable and all amounts paid are non-refundable except as required by applicable law or as expressly provided in these Terms.

8. Service Modifications

Proustite reserves the right, at any time and without liability to you, to modify, enhance, update, suspend, discontinue, or restrict access to the Service, or any feature, function, or component thereof, in whole or in part, temporarily or permanently. This includes the right to alter user interfaces, data formats, API specifications, integrations, and supported platforms. We will use commercially reasonable efforts to provide advance notice of material changes that adversely affect paid subscribers, but we do not guarantee any particular notice period.

We may perform scheduled or emergency maintenance that temporarily interrupts the Service. We will endeavor to schedule routine maintenance during off-peak hours and to provide reasonable advance notice where practicable. Emergency maintenance may be performed without notice where necessary to protect the security, integrity, or availability of the Service.

We may, but are not obligated to, provide new features, modules, or upgrades. New features may be subject to additional terms, fees, or limitations. If we permanently discontinue a paid feature that you are actively using, your sole and exclusive remedy shall be a pro rata refund of prepaid, unused fees attributable to such discontinued feature, if any, or termination of your subscription as described in the Termination section below.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND Proustite EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Proustite, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES 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 ($100). THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE LIABILITY ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud. You agree to indemnify, defend, and hold harmless Proustite and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your Customer Data, your User-Generated Content, or your breach of these Terms.

10. Termination

These Terms remain in effect until terminated by either party. You may terminate your account at any time by following the cancellation procedures available in your account settings or by contacting [email protected]. Termination is effective at the end of your then-current billing period, and you remain responsible for all fees accrued through the effective date of termination.

We may suspend or terminate your access to the Service immediately, without notice and without liability, if: (a) you breach any provision of these Terms; (b) we are required to do so by law or court order; (c) your account has been inactive or delinquent for an extended period; (d) we determine that your use of the Service poses a security, legal, or operational risk to us or any third party; or (e) for any other reason upon thirty (30) days' notice to paid subscribers. We may also discontinue the Service generally upon reasonable advance notice.

Upon termination, your license to use the Service terminates immediately, and you must cease all use of the Service. You will have a period of thirty (30) days following termination to export your Customer Data using the tools made available in the Service, after which we may delete or anonymize such data in accordance with our Privacy Policy and applicable law. We shall have no liability for the deletion of Customer Data following such period.

10.1 Survival

Any provisions of these Terms that by their nature should survive termination shall survive, including without limitation sections relating to Content Ownership, User-Generated Content, Limitation of Liability, Indemnification, Governing Law, and any accrued rights to payment.

11. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Service, or if you wish to provide notice under these Terms, please contact Proustite using the details below. Notices to Proustite shall be deemed effective upon actual receipt by the contact specified. Notices to you shall be sent to the email address associated with your account and shall be deemed effective upon transmission.

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

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Proustite with respect to the Service and supersede all prior or contemporaneous understandings, communications, and proposals, whether written or oral. These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Proustite is organized, without regard to conflict of law principles. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in the jurisdiction where Proustite maintains its principal place of business, and you irrevocably consent to the personal jurisdiction of such courts and waive any objection based on venue or forum non conveniens. To the fullest 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, or representative action. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. You may not assign these Terms without our prior written consent, but we may assign these Terms without restriction. Where applicable state privacy laws, including the CCPA/CPRA, grant you rights in connection with the Service, those rights are administered in accordance with our Privacy Policy.