Terms of Service
Last updated: April 30, 2025
1. Acceptance of Terms
By creating an account and using Propofy (“Service”), you (“Contractor”) agree to these Terms of Service. If you do not agree, do not use the Service.
2. Description of Service
Propofy provides tools for contractors to create digital proposals, automate follow-up communications, manage customer reviews, and request Google reviews from clients.
3. Your Responsibilities
Client data: You are solely responsible for the accuracy and legality of any client data you enter into Propofy, including names, email addresses, and phone numbers.
SMS and email compliance: By using Propofy's messaging features, you represent and warrant that:
- You have obtained all necessary consents from your clients to receive communications, including prior express written consent for SMS messages as required by the TCPA.
- You will honor all opt-out requests promptly.
- Your use of the messaging features complies with all applicable laws, including CAN-SPAM, TCPA, and applicable state laws.
Account security: You are responsible for maintaining the confidentiality of your account credentials.
4. Prohibited Uses
You may not use Propofy to:
- Send unsolicited messages (spam) to individuals who have not consented.
- Violate any applicable law or regulation.
- Impersonate any person or entity.
- Attempt to gain unauthorized access to the Service or its systems.
- Resell or sublicense the Service without written permission.
5. Subscription and Payment
Propofy offers a free trial period followed by a paid subscription at the then-current rate. All payments are processed by Stripe. Subscriptions renew automatically unless cancelled. Refunds are not provided for partial periods.
6. Data Processing
By entering client data into Propofy, you appoint Propofy as a data processor acting on your instructions. You remain the data controller and are responsible for having a legal basis to process client personal data. See our Privacy Policy for details.
7. Intellectual Property
Propofy retains all rights to the Service, including its software, design, and content. You retain ownership of the data you enter into the Service.
8. Disclaimer of Warranties
The Service is provided “as is” without warranties of any kind, express or implied. We do not guarantee uninterrupted or error-free operation.
9. Limitation of Liability
To the maximum extent permitted by law, Propofy shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service. Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify and hold Propofy harmless from any claims, damages, or expenses (including legal fees) arising from your violation of these Terms, your use of the messaging features, or your infringement of any third-party rights.
11. Termination
We may suspend or terminate your account for violation of these Terms. You may cancel your subscription at any time from your account settings.
12. Changes to Terms
We may update these Terms at any time. We will notify you via email of material changes. Continued use after changes constitutes acceptance.
13. Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions.
14. Contact
Questions? Contact us at [email protected].