Terms of Service — ProwPlus

Article 1. Definitions

Each capitalised term herein shall have the meaning given below unless otherwise expressly stated.

• Assistance Services — Consulting, development, configuration and settings assistance to allow Client to access and use the Service, including API integration or SMTP-IMAP implementation. Includes consulting, on-boarding, training and related services.
• Data — Client's electronic data (whether or not personal) collected, managed, processed and/or shared by Client and Service Provider through the Service.
• Service — The ProwPlus externalised application hosted on designated servers/cloud, executable remotely, including email campaign management, deliverability monitoring, transactional emails. Service Provider may adapt, modify or discontinue components and migrate to new infrastructure, endeavouring to inform You in advance.
• Intellectual Property Right — All industrial property and copyrights including patents, trademarks, designs, copyrights (software, source code, specifications, documentation).
• Operating Policies — Operational rules, guidelines and processes followed by Service Provider, including the Privacy Policy and ProwPlus Sending Policy, as updated, and incorporated herein.
• Specific Terms — Mutually agreed terms stating financial and technical elements specified in quotation.
• Website — Web pages and technological features of the Service (e.g. "Admin" interface) accessible and configurable in accordance with the Agreement.

Article 2. Support and Service Levels

2.1 We shall use reasonable efforts to ensure emails sent by You are properly routed. We provide an online automatic monitoring service so You can update mailing lists and campaigns in real time. Additional services may be subscribed to and are invoiced separately per Specific Terms.

2.2 You shall appoint an Administrator to collect requests and provide first-level support. We provide second-level Support: responding to the Administrator's requests and resolving anomalies the Administrator could not fix. The Administrator must create a Support ticket by sending a request to support@prowplus.com with as much detail as possible. Only the Administrator may contact/access Support.

Article 3. Use of the Services

3.1 You shall comply with these Terms and Operating Policies and ensure your users do the same. You shall not interfere with or disrupt the Service. When using the ProwPlus API, You are responsible for usage and must limit API calls to a reasonable volume; ProwPlus may take action against improper use. You subscribe in your own name; You may not send promotional emails for third parties nor assign use of the Services to your own customers. As an indirect subscriber, Specific Terms apply; You must use sub-accounts and are responsible for End User support.

3.2 Credentials. When creating your account, You undertake to provide the requested information (e.g. name, address, phone, valid email); this Data is processed per our Privacy Policy. You shall keep credentials secure and notify Us of any unauthorized use or loss. Each account is personal; You may be liable for unlawful use and shall indemnify Us. We may request proof of identity before granting access.

3.3 Content. You are solely liable for any Data, information or content (including emails, newsletters) sent through the Service ("Content") and for its compliance with applicable regulations. You warrant that Content shall not: infringe any third-party rights including IP; contain viruses or fraudulent programs; contain unlawful, harassing, obscene or otherwise objectionable material; contain sensitive personal data (e.g. SSN, health, bank/credit details); be false or misleading; or breach Operating Policies. We may monitor the Service and take actions we reasonably believe necessary to prevent unlawful activity. ProwPlus shall not be liable for loss or destruction of Content; You are responsible for backups.

3.4 Sending Policy. You undertake to comply with Our Sending Policy. Breach (e.g. unusual complaints) may result in termination of your subscription and/or closure of accounts without refund. We may temporarily limit sending (daily/total limits) until You comply; You remain liable for fees during the limitation period and no refund will be made.

Article 4. Compliance with the Law

You shall comply with all applicable laws in any country from which You access the Website or use the Service and in any country to which You send emails, and shall indemnify and hold Us harmless from any action, judgment or loss due to Your non-compliance. You agree to reimburse Us for any action required to comply with a legal or administrative request related to your use of the Service. If You become aware of a violation of these Terms or a security breach, You shall immediately notify Us (e.g. support@prowplus.com).

Article 5. Plans – Financial Terms

We offer free and paid plans, with or without fixed commitment. Options and pricing are on our website (https://prowplus.com) in US Dollars.

5.1 Free plans — Non-paid subscriptions with use restrictions (daily/monthly email limits, support ticket limits, API restrictions). You may terminate or upgrade at any time.

5.2 Paid plans — No fixed-term commitment; lower use limits; premium features available. Fees are due monthly or yearly in advance and renew automatically. You may not re-subscribe to the same paid monthly plan within 21 days for the same account. You may terminate at any time; no pro rata refund for unused fees. Payment by credit card or direct debit; You authorize ProwPlus to charge the card or account provided.

5.4 Common provisions. Plan fees do not include equipment or Internet costs. Client Account Services fees and out-of-pocket expenses (travel, accommodation, meals, translation, materials) are as per purchase order; non-cancelable and non-refundable. Late payment may incur interest and fees and may result in suspension or termination. Amounts are excluding taxes; You pay applicable taxes. ProwPlus may change fees with at least 30 days' email notice; non-acceptance requires You to cease use and terminate by the end of the paid period. You agree not to hold ProwPlus liable or dispute payment for emails blocked by third parties.

Article 6. Termination

6.1 Services are for professional use only; consumer/withdrawal rights do not apply.

6.2 ProwPlus may terminate your Account: at any time for a free plan with reasonable notice; or after notice following breach (non-payment, payment incident, Sending Policy violation, security breach, fraud).

6.3 On termination, all amounts owed become due immediately. No refund of prepaid fees. As of the termination date, You cease to have access to your account and Data stored therein, subject to the Privacy Policy and applicable laws.

Article 7. Intellectual Property – Access and Use Rights

7.1 Trademarks. ProwPlus and trademarks on the Website are Service Provider's. You may not use them without express written agreement. Website content (graphics, logos, headers, icons) is Service Provider's property.

7.2 Copyrights. All elements (graphic, literary, software, etc.) are protected by copyright and remain the property of their authors. You may not use, copy, modify, create derivative works, reverse engineer or decompile without express written agreement.

7.3 Subject to full payment, ProwPlus grants You a limited, non-exclusive, non-transferable, personal, temporary right to access and use the Service; no assignment of IP rights.

7.4 ProwPlus has the exclusive right to adapt, modify and correct the Service and remains the owner of all IP in the works, documentation and derivatives.

Article 8. Warranties

ProwPlus makes reasonable efforts to deliver a functional Service substantially compliant with documentation but does not guarantee an error-free service. Notify ProwPlus of non-compliance; ProwPlus will use reasonable efforts to remedy (your only recourse). Support is provided per Specific Terms and codes of practice as an obligation of means. You warrant that You have the right to subscribe and accept these Terms; that Your obligations are duly authorised; and that Data You provide is accurate. ProwPlus does not control data transfer via the internet and is not responsible for delays or delivery issues from connection problems.

Article 9. Limitation of Liability

The Service and Website may include links to other sites. ProwPlus is not responsible for the availability, content or materials of external sites or for other users' behaviour. ProwPlus is freed from performance following Force Majeure (Article 11.5). We may temporarily suspend access for maintenance and will endeavour to notify You. ProwPlus (and its suppliers, employees, representatives) shall not be liable for indirect or consequential damages (e.g. loss of revenue, profits, data) even if informed of the possibility. For indirect subscribers, ProwPlus is not liable for End Users or suspension due to Sending Policy breach. Total liability is limited to the amount paid by You in the 12 months preceding the damage (excluding bodily injury, death, willful misconduct or gross negligence). You acknowledge the risks and that pricing reflects this limitation.

Article 10. Confidentiality

Both Parties undertake to treat as confidential and not disclose (other than for performing the Agreement) information and documents exchanged. Both shall oblige subcontractors and third parties to maintain the same standard. Breach may cause irreparable injury; the injured party may seek equitable relief. Client shall not disclose performance test results without ProwPlus's prior written consent. Information that is public or whose disclosure is legally required is excluded.

Article 11. Miscellaneous

11.1 Client's right is personal, temporary, non-transferable and non-exclusive. Client shall not transfer the Agreement or any right thereunder without ProwPlus's prior written agreement.

11.2 ProwPlus may use subcontractors and remains liable per these Terms.

11.3 These Terms, with Operational Policies and any purchase order/special conditions, constitute the entire agreement and supersede prior commitments; modifications require a written amendment signed by both Parties.

11.4 If any provision is void or invalidated, it is severed and the rest remains in effect.

11.5 Force Majeure. ProwPlus is not responsible for default or delay due to events beyond its control (e.g. strikes, internet shutdown, cyber-attacks). The Agreement is suspended during Force Majeure; the non-performing Party gives prompt written notice and uses reasonable efforts to resume. The other Party may suspend its performance until then. If Force Majeure continues more than 60 days, either Party may terminate by certified mail if the impacted obligations are material.

11.6 These Terms are subject to US law. Failing amicable settlement, disputes are under the exclusive jurisdiction of the Paris courts.

Article 12. Your Data

"Your Data" means data and content stored or transmitted via the Services by or on behalf of you or your end-users (including data imported from third-party services). To use ProwPlus, you must link a third-party email account and grant us certain rights so we can send emails and check replies. You retain full ownership; we do not claim ownership. We may transmit, store and copy Your Data to display it, index it, back it up, etc.; your acceptance grants us the rights necessary to provide the service (including use of third-party providers like AWS). You are solely responsible for your conduct, Your Data and your communications; you must have all rights and permissions and ensure your users comply. Emails may be verified for validity; invalid addresses may be blocked. ProwPlus has no obligation to monitor and is not responsible for the accuracy, safety or legality of Your Data or other content you access via the Services.

Article 13. Refund Policy

Certain refund requests for Pay As You Go credits may be considered by ProwPlus on a case-by-case basis at ProwPlus's sole discretion. Lifetime plans come with a 14-day refund period.

Article 14. ProwPlus Senders (Domains, Google Workspace and Microsoft 365)

14.1 Domain registrations, renewals, transfers, and Google Workspace and Microsoft 365 purchases via ProwPlus are non-refundable once submitted, processed or activated. Payment is in advance (1 year for domains, 1 month for Workspace/365). You may request cancellation at any time, effective at end of the current paid period; no pro rata refunds.

14.2 Google Workspace and Microsoft 365 are governed by Google's and Microsoft's Terms and policies. You agree to comply. ProwPlus acts as reseller and has no control over their account management or enforcement.

14.3 You are solely responsible for compliance and proper use of accounts under Your control. ProwPlus is not liable for suspensions, bans or terminations by Google or Microsoft or resulting loss of data or access.

14.4 ProwPlus is not responsible for loss, damage or interruption from suspension, disablement or deletion of any Workspace, 365 account or domain. You are responsible for backups and compliance.

Article 15. Affiliate Program

15.1 Eligibility. You must have an active ProwPlus account. We reserve the right to approve or reject applications at our sole discretion.

15.2 Commission. Standard rate is 15% of eligible purchases (pay-as-you-go credits, lifetime deals). Not eligible: self-referrals, refunded/chargeback transactions, purchases outside affiliate tracking. Commissions apply to initial and future qualifying purchases while your affiliate account is in good standing.

15.3 Payouts. Monthly via PayPal or Wise. Minimum balance $100. Commissions subject to 45-day hold for refunds, chargebacks and fraud prevention.

15.4 Prohibited. Self-referrals and artificial activity (e.g. fake accounts, incentivized clicks) are prohibited; violators forfeit pending and future commissions. ProwPlus may withhold or revoke payments for misleading or unethical practices.

15.5 Promotion. You may promote only through organic, content-based strategies (blog, email, video, social). Paid advertising (e.g. Google Ads, Facebook Ads) is not allowed unless approved in writing. You may not impersonate ProwPlus.

15.6 Termination. ProwPlus may suspend or terminate your participation at any time. Unpaid commissions may be withheld if You are in violation of these Terms.