Terms of Use

Last updated: August 16, 2018

Introduction

Please read these Terms of Service carefully before using the www.profimod.com  and Profimod Service. Your access to and use of the Profimod Service is conditioned on your acceptance of and compliance with these Terms of Service and our Privacy Policy. These Terms of Service apply to all visitors, users and others who access or use the Profimod Service. By accessing or using the Profimod Service you agree to be bound by these Terms of Service. On the moment you start using Profimod Service these Terms of Service become a legal agreement between you as the Profimod Service’s user and us. If you disagree with any part of the Terms of Service, then you may not access the Profimod Service.

Use of the Profimod Service

You need a supported Web browser to access the Service. You acknowledge and agree that Profimod may cease to support a given web browser and that your continuous use of the Profimod Service will require you to download a supported web browser. You also acknowledge and agree that the performance of the Profimod Service is incumbent on the performance of your computer equipment and your internet connection.You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, click on the “Forgot Password?” link and follow the on-screen instructions. You are also solely responsible for restricting access to your account. You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party obtained or guessed your password, use the change password feature of the Profimod Service as soon as possible to obtain a new password.

In all circumstances, you agree not to permit any third party to use or access the Profimod Service. As a condition to your use of the Service, you agree not to:

  • Impersonate or misrepresent your affiliation with any person or entity;
  • Access, tamper with, or use any non-public areas of the Profimod Service;
  • Attempt to probe, scan, or test the vulnerability of the Profimod Service or any related system or network or breach any security or authentication measures used in connection with the Profimod Service and such systems and networks;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Profimod Service;
  • Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Profimod Service;
  • Provide payment information belonging to a third party;
  • Use the Profimod Service in an abusive way contrary to its intended use, to its documentation or to Profimod’s reasonable instructions;
  • Systematically retrieve data or other content from the Profimod Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwis
  • Infringe third party intellectual property rights when using or accessing the Profimod Service.
  • Use the service to offer services that are against your local laws, such as, but not limited to sexual services, illegal drug traffic or services, and service employing under age children
  • Use the pictures provided by Profimod for any other purpose than your Profimod web page.

Access to the Profimod Service

  • Internet connection is required to access the Service.
  • You are responsible for ensuring functionality of your computer or mobile device and network connections that connect you to the Service, including, but not limited to, “browser” software. We assume no responsibility for the reliability or performance of your internet provider or any connections or devices as described in this section.
  • Your access to the service might be temporarily limited or suspended (a) during planned downtime for upgrades and maintenance of the Service; or (b) during any unavailability caused by downtime, technical failures, acts undertaken by third parties (such as our hosting providers etc.), connectivity issues on the internet networks, acts of God, acts of government, acts of terror or civil unrest, distributed denial of service or other attacks on the Service;  (c) if we suspect or detect any malicious software, code or activity within your account, (d) if you breach these Terms of Use or any other rule or law regulating your use of the Profimod Service.

Billling and Payments

We offer following Subscription plans of the Profimod Service. Overview of available subscription plans and their features can be found at  www.profimod.com/pricing. You are required to pay in advance on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each billing cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Profimod cancels it. You may cancel your Subscription renewal in your profile. Valid payment method – credit card or Stripe or  PayPal – is required to process the payment for your Subscription. You shall provide Profimod with accurate billing information and a valid payment method information. By submitting such payment information, you automatically authorize Profimod to charge you the Subscription fees based on selected billing cycle. Should automatic billing fail to occur for any reason, we will notify you by email and you must provide new payment method in case you wish to continue to use the Profimod Service.

Refunds

Unless otherwise specified in these Terms of Use, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Profimod Service by You.

How We Use Your Information

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.

We don’t share any personally identifying information publicly or with third-parties, except when required to by law.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

European Union Data Protection Rights

If you are located in the European Union, you have certain additional rights with respect to your personal information under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), including the following:

  • The right of access to your personal information.
  • The right to rectify your personal information if it is incorrect or incomplete.
  • The right to have your personal information erased (“right to be forgotten”) if certain grounds are met.
  • The right to withdraw your consent to our processing of your personal information at any time (if our processing is based on consent).
  • The right to object to our processing of your personal information (if processing is based on legitimate interests).
  • The right to object to our processing of your personal information for direct marketing purposes.
  • The right to receive your personal information from us in a structured, commonly used and machine-readable format, and the right to transmit your personal information to another controller without hindrance from us (data portability).

If you are or have been our customer, we may send you marketing communications based on our legitimate interests, subject always to your right to opt out of such communications. We will never share your personal information with a third party for such third party’s marketing purposes unless you have specifically consented to us doing so.You may contact us at info@profimod.com to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances, we may charge a reasonable fee for access to your personal information. Furthermore, if you believe that our processing of your personal information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country.

Children’s Privacy

You must be at least eighteen (18) years of age to use our Profimod Service. Our Service are not targeted to children under thirteen (13) years of age and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.

Links to Other Web Sites

  • Our Service may contain links to third-party web sites or services that are not owned or controlled by Profimod. We (Profimod) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.
  • You further acknowledge and agree that Profimod shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
  • We strongly advise you to read terms and privacy policies of any third-party web sites or services that you visit.

Termination

  • You may cancel your individual account at any time by cancelling your account subscription.  Profimod also reserves the right to suspend or end the Profimod Service at any time at its discretion and without notice. Profimod reserves the right to terminate and delete your account if you haven’t expressly requested to Profimod to keep your account, after 90 consecutive days of deactivation.
  • Profimod reserves the right to temporarily or permanently discontinue the Profimod Service at any time.
  • If you are not complying with the present Terms of Use or cancel your account subscription, you acknowledge and agree that Profimod will not refund any paid subscription.

Proprietary Rights

All right, title, and interest in and to the Profimod Service, including the pictures provided by Profimod are and will remain the exclusive property of Profimod and its licensors. The Profimod Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Terms of Use, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Profimod Service.

Disclaimer of Warranty 

PROFIMOD DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. PROFIMOD PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

PROFIMOD WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE.  PROFIMOD DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. PROFIMOD RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

PROFIMOD WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

CUSTOMERS UNDERSTAND THAT THEY ARE SUBJECTED TO ADDITIONAL TERMS AS ARTICULATED IN THE SAAS AGREEMENT.  IN THE EVENT OF ANY CONTRADICTION BETWEEN THE TERMS OF THIS AGREEMENT AND THE SAAS AGREEMENT, THE TERMS OF THE SAAS AGREEMENT CONTROL.

Limitation of Liability

PROFIMOD WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT PROFIMOD CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR PRODUCTS AND/OR SERVICES THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO PROFIMOD, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. PROFIMOD IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Changes

  • We reserve the right, at our sole discretion, to modify or update these Terms of Use at any time.
  • By continuing to access or use our Profimod Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Profimod Service.