Please read these Terms of Service ("Terms", "Terms of Service") carefully before using Provver (the "Service") operated by Flex Digital, the provider of Provver ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your Provver subscription, which may start with a free trial, will continue month-to-month or year-to-year unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Provver subscription services. We will bill the monthly or annual subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
Your Provver subscription may start with a free trial. The free trial period of your membership lasts for 14 days, or as otherwise specified during sign-up. Provver reserves the right, in its absolute discretion, to determine your free trial eligibility.
By starting your Provver subscription and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Provver subscription service to your Payment Method.
You may cancel your Provver membership at any time, and you will continue to have access to the Provver subscription service through the end of your monthly or yearly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS.
Our Privacy Policy, located at https://provver.com/privacy, or such other URL as we may provide from time to time (the "Privacy Policy") describes the collection, use, and sharing of certain information that may be provided in connection with your use of the Service as well as information that may be provided by users of any website or mobile application owned or operated by you in which the Service is integrated (an "Integrated Website").
Subject to the limited rights expressly granted hereunder, we reserve all of our right, title and interest in and to the Service, including all of our related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You hereby grant us the right to use all data, information, materials or other content uploaded, submitted, posted, transferred, transmitted or otherwise provided or made available to us through the Service or an Integrated Website (collectively, "Your Data") in order to: (a) provide the Service, including usage reports and statistics related to use of the Integrated Website, (b) prevent or address service or technical problems, or (c) as may be required by law.
By using the Service, you agree to indemnify, defend and hold us and our officers, directors, employees, agents, successors and assigns harmless from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind (including reasonable attorneys' fees) incurred in connection with, arising out of or related to: (a) any data provided by you or through your use of the Service or use of an Integrated Website, including any processing of such data by us or on our behalf in accordance with these Terms; (b) any other materials or information (including any documents, data, specifications, software, content or technology) provided by or on behalf of you or your users; or (c) any allegation of facts that, if true, would constitute your breach of any representations, warranties, covenants or obligations under these Terms.
THE SERVICE IS PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WE DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
OUR LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
These Terms shall be governed and construed in accordance with the laws of United Kingdom, 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.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our 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 Service.
If you have any questions about these Terms, please contact us.
Flex Digital
International House, 142 Cromwell Road, London, SW7 4EF
Email: admin@provver.com