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Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Profectra LLC ("Company", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access or use our services.

2. Intellectual Property Rights

2.1 Our Property

The Service and its original content, features, and functionality are owned by Profectra LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

2.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for their intended purpose.

3. User Content

3.1 You retain all rights in, and are solely responsible for, the User Content you post to the Service.

3.2 By posting User Content, you grant Profectra LLC a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed).

4. User Accounts

4.1 Account Creation

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

4.2 Account Security

You are responsible for safeguarding the password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

5. Service Usage and Conduct

5.1 Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose
  • Violate any laws in your jurisdiction
  • Infringe upon the rights of others
  • Interfere with or disrupt the Service
  • Attempt to bypass any security measures

6. Payment Terms

6.1 You agree to pay all fees or charges to your account based on the fees, charges, and billing terms in effect at the time.

6.2 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

7. Disclaimer of Warranties

7.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROFECTRA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2 PROFECTRA LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

8. Termination

8.1 We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROFECTRA LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (a): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF PROFECTRA LLC HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF PROFECTRA LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT PAID, IF ANY, BY YOU TO PROFECTRA LLC FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

10. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page.

11. Contact Us

If you have any questions about these Terms, please contact us at info@profectra.com.

12. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.