Terms of Service
Updated: May 15, 2025
Thank you for choosing Pro Contractor App™, a service provided by SME Advantage LLC. We specialize in offering innovative marketing and sales automation software solutions designed to enhance your business efficiency and marketing effectiveness. This document, our Terms and Conditions, governs your use of our website and services. By accessing and using Pro Contractor App™, you agree to comply with and be bound by the terms outlined herein. If you do not agree with any part of these terms, you should discontinue use of our services immediately.
Acceptance of Terms
By accessing or using the Pro Contractor App™ platform, you signify your agreement to be bound by these Terms and Conditions. If you are using the services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
You may use the services provided by Pro Contractor App™ only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The services offered by Pro Contractor App™ are always evolving, so the form and nature of the services that Pro Contractor App™ provides may change from time to time without prior notice to you. In addition, Pro Contractor App™ may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally and may not be able to provide you with prior notice.
If you do not agree with our terms, please do not access or use our services. Your continued use of the services after such changes have been notified will constitute your consent to such changes.
Modification of Terms
At Pro Contractor App™, we are committed to continuously improving our services to meet the ever-evolving needs of our clients in the marketing and sales automation space. As such, the landscape in which we operate changes rapidly, necessitating occasional adjustments to our Terms and Conditions.
We reserve the right to modify, add, or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms periodically for updates. By continuing to use our website and services after such modifications have been made, you acknowledge and agree to the changes. If you do not agree with our modified Terms, your sole remedy is to discontinue your use of our services.
We understand the importance of transparency and will make every effort to notify you of significant changes to these Terms. Such notifications may be made through the email associated with your account, through our website, or through other reasonable means.
Please note that certain features of our services may be subject to additional guidelines, terms, or rules, which will be posted on the service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Your continued use of Pro Contractor App™'s services following the posting of revised Terms means that you accept and agree to the changes. We encourage you to periodically review this page for the latest information on our terms of use.
Account Registration and Use
To access certain features of Pro Contractor App™, you must register for an account. During the registration process, you will be required to provide specific information, including but not limited to:
Company nameLegal structure (e.g., LLC, Corporation)Registered addressContact information (phone number, email)Industry sectorA2P 10DLC Registration informationEmployee/user registration information
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Pro Contractor App™ reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
User Roles and Permissions
You agree to use our SaaS services only for lawful purposes and in accordance with the Terms and Conditions. You are responsible for ensuring that all persons who access the services through your internet connection are aware of these Terms and Conditions and comply with them.
Upon registration, account admins will have the ability to set permissions for different users within the account. These permissions are crucial for maintaining the security and integrity of your data and ensuring that users have appropriate access based on their roles. The roles and permissions include, but are not limited to:
Account Admin: Full access to all features of purchased plan and settings within the Pro Contractor App™ platform.Account User: Access to features set by Account Admin(s).
Account admins can create custom roles and assign specific permissions as needed to fit the organizational structure and requirements. It is the responsibility of the account admin to manage these roles and ensure that users have the appropriate level of access.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Pro Contractor App™ immediately of any unauthorized use of your account or any other breach of security. Pro Contractor App™ will not be liable for any loss or damage arising from your failure to comply with these requirements.
By registering for an account, you agree to comply with these Terms and Conditions and any additional guidelines or rules that may be posted in connection with specific sections or services of the Pro Contractor App™ platform.
User Conduct
At Pro Contractor App™, we are committed to fostering a positive and productive environment for all users of our marketing and sales automation software. To maintain this standard, we require all users to adhere to the following guidelines:
Acceptable Behaviors
Professionalism: Users should engage with the platform and other users in a professional and respectful manner.Compliance: Users must comply with all applicable laws and regulations while using our services.Integrity: Users should provide accurate and truthful information in their profiles and communications.Respect for Privacy: Users must respect the privacy and confidentiality of others, including not sharing personal information without consent.Constructive Feedback: Users are encouraged to provide constructive feedback and suggestions to help improve our services.
Prohibited Behaviors
To ensure a safe and respectful environment, the following behaviors are strictly prohibited:
Illegal Activities: Using the platform for any illegal activities, including but not limited to fraud, hacking, or distributing malware.Harassment and Discrimination: Engaging in any form of harassment, discrimination, or abusive behavior towards other users, including but not limited to offensive comments related to race, gender, sexual orientation, religion, or disability.Violence and Threats: Advocating or inciting violence, or making threats against others.Spam and Unsolicited Communications: Sending junk mail, spam, chain letters, or any other form of unsolicited communication.Infringement of Intellectual Property: Posting or sharing content that infringes on the intellectual property rights of others.Misuse of Personal Information: Exposing another user’s personal information, including usernames and passwords, without their consent.Disruptive Behavior: Engaging in activities that disrupt or interfere with the normal operation of the platform, including excessive use of bandwidth or deploying automated systems.
Consequences of Violations
Violations of these conduct guidelines may result in the suspension or termination of your account, at the sole discretion of Pro Contractor App™. We reserve the right to remove any content that violates these guidelines and to take appropriate legal action if necessary.
Reporting Violations
If you encounter any behavior that violates these guidelines, please report it to our legal team at [email protected]. We take all reports seriously and will investigate any alleged violations promptly.
By using Pro Contractor App™, you agree to adhere to these user conduct guidelines and understand that failure to comply may result in the suspension or termination of your account.
Intellectual Property
At Pro Contractor App™, we take the protection of our intellectual property very seriously. This section outlines the ownership and use of the content and software provided through our services.
Ownership of Intellectual Property
Except for the rights expressly granted to you under these Terms, all rights, title, and interest in and to all intellectual property rights associated with Pro Contractor App™, including but not limited to our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other proprietary rights (collectively, "Intellectual Property Rights"), shall remain exclusively with Pro Contractor App™ and its licensors.
Use of Our Content and Software
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our SaaS services strictly in accordance with these Terms and Conditions. This license is solely for your internal business use and may not be used for any commercial purposes without our prior written consent. This license does not include any rights to:
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, snapshots, products, or services obtained from Pro Contractor App™ except for the sole purpose of customization and personalization of sales and marketing campaigns for your business on the Pro Contractor App™Platform.Use any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our express written consent.Use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.
User-Generated Content
We claim no ownership over the content you upload or provide to the Pro Contractor App™ platform. However, by submitting content to our platform, you grant us a worldwide, royalty-free, transferable, sub-licensable, irrevocable, and perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with providing and promoting the services.
Feedback and Suggestions
We welcome your feedback and suggestions to improve our services. By submitting feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use and incorporate your feedback into our services without any obligation to you.
Aggregated Data
We may collect and aggregate technical and other data about your use of the Pro Contractor App™ platform that is non-personally identifiable with respect to you ("Aggregated Anonymous Data"). We may use this Aggregated Anonymous Data to improve, support, and operate our services. For clarity, you are not identified as the source of any Aggregated Anonymous Data, and no personal data is collected as part of this process.
Trademarks
Pro Contractor App™ and the Pro Contractor App™ logo are trademarks of SME Advantage LLC. You may not use these trademarks without our prior written permission. All other trademarks, service marks, logos, and trade names that appear on our platform are the property of their respective owners.
By using Pro Contractor App™, you agree to respect our intellectual property rights and to comply with these guidelines. Unauthorized use of our intellectual property may result in the termination of your account and legal action.
Termination
Termination by Users
You may terminate your agreement with Pro Contractor App™at any time if you are dissatisfied with our services. To initiate termination, you must provide written notice to our legal team at [email protected] at least 30 days prior to your desired termination date. Upon receipt of your termination request, we will process the termination and confirm the effective date.
Termination by Pro Contractor App™
Pro Contractor App™ reserves the right to terminate your account and access to our services immediately, without prior notice or liability, under the following circumstances:
Breach of Terms: If you violate any of the terms outlined in this agreement.Illegal Activities: If you engage in illegal activities or misuse our platform.Non-Payment: If you fail to make timely payments for the services provided.Misuse of Services: If you misuse the services in a manner that disrupts or harms other users or the platform.
Consequences of Termination
Upon termination of your account, the following consequences will apply:
Access Revocation: You will immediately lose access to all features and data associated with your account.
Data Retention and Migration: You will have 30 days from the termination date to retrieve any data you have stored on the Pro Contractor App™ platform. After this period, Pro Contractor App™ reserves the right to delete all data associated with your account. We may assist with data migration upon request, subject to additional fees.
Refunds: Refunds for any unused portion of a subscription will be issued at the sole discretion of Pro Contractor App™. We reserve the right to deny refunds if third party debts are owed on the account (such as SMS or Email usage fees) or the termination is due to a breach of terms or misuse of services.
Notice Period and Auto-Renewal
Notice Period: Users must provide a 30-day notice period for termination. Failure to provide adequate notice may result in continued billing for the subsequent billing cycle.
Auto-Renewal: Unless terminated, your subscription will automatically renew at the end of each billing cycle. You are responsible for managing your subscription settings to prevent unwanted renewals.
Post-Termination Obligations
Outstanding Payments: You are responsible for any outstanding payments due at the time of termination. Pro Contractor App™ reserves the right to pursue legal action to recover unpaid amounts.Confidentiality: Any confidential information obtained during the term of the agreement must be returned or destroyed upon termination, and you must cease all use of Pro Contractor App™'s intellectual property.
By using Pro Contractor App™ you agree to these termination terms and understand the consequences of terminating your agreement. If you have any questions or need assistance with the termination process, please contact our legal team.
Disclaimers and Limitations of Liability
Disclaimers
General Disclaimer:
Pro Contractor App™ ("the Company") provides its sales and marketing automation software platform and related services ("Services") on an "AS IS" and "AS AVAILABLE" basis. The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not represent or warrant that:
The Services will meet your specific requirements or expectations.The Services will be uninterrupted, timely, secure, error-free, or free from viruses or other malicious software.The results obtained from the use of the Services will be accurate, reliable, or meet your quality expectations.Any errors in the Services will be corrected.
You acknowledge and agree that your use of the Services is at your sole risk and discretion. The Company shall not be liable for any damages arising from your reliance on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears in the Services.
Limitations of Liability
General Limitation:
To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to, use of, or inability to access or use the Services, any content obtained through the Services, or any communications, interactions, or meetings with other users of the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the Company has been informed of the possibility of such damage.
Cap on Liability:
If, notwithstanding the other provisions of these Terms and Conditions, our company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our services or any content, our liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on our website paid in the six months prior to the date of the initial claim made against our company, or (2) US $100.00.
Jurisdictional Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Pro Contractor App™'s liability will be limited to the fullest extent permitted by applicable law.
Indemnification:
You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Services; your violation of any term of these Terms and Conditions; your violation of any third-party right, including without limitation any copyright, property, or privacy right; or any claim that your use of the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Services.
Specific Exclusions for Certain Risks
Data Breaches and Cybersecurity Incidents
Despite our efforts to ensure the security of your data, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of our services is at your own risk. We expressly exclude liability for any loss of data, breach of security, or any consequential damages resulting from such incidents, to the extent allowed by applicable law.
Third-Party Actions
We are not responsible for the actions of third parties with whom you may choose to share your data or who may gain unauthorized access to your data without our consent. We disclaim all liability arising from the acts or omissions of third parties, including but not limited to hackers or other cybercriminals.
Technological Malfunctions
While we strive to maintain the continuous operation of our services, we are not liable for interruptions caused by technological failures outside of our control, including but not limited to software bugs, server downtime, and hardware malfunctions.
Misuse of Service
We are not liable for any loss or damage arising from the unauthorized use of your account. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.
Compliance with Law
Our services are provided as-is, and we make no representations concerning the compliance of our services with specific legal requirements applicable to your industry or jurisdiction. You are solely responsible for ensuring that your use of our services complies with applicable laws and regulations.
Modifications and Discontinuation of Service
We reserve the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.
Specific Industry Risks
For services tailored to specific industries (e.g., healthcare, finance), we are not liable for any claims related to our compliance with industry-specific regulations unless explicitly stated in a separate agreement.
By using Pro Contractor App™, you acknowledge and agree to these disclaimers and limitations of liability. If you have any questions or concerns about these terms, please contact our legal team at [email protected].
Dispute Resolution
Governing Law
These Terms and Conditions, and any disputes arising out of or relating to them, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. By using Pro Contractor App™, you agree that any legal matters or disputes will be resolved under the jurisdiction of the courts located in Texas.
Methods of Dispute Resolution
To ensure a fair and efficient resolution of disputes, Pro Contractor App™ employs the following methods:
1. Negotiation
In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations. Either party may initiate the negotiation process by providing written notice to the other party, outlining the nature of the dispute and the desired resolution.
2. Mediation
If the dispute cannot be resolved through negotiation within thirty (30) days of the initial notice, the parties agree to attempt to resolve the dispute through mediation. Mediation will be conducted by a neutral third-party mediator mutually agreed upon by the parties. The mediation will take place in Lubbock, Texas, and the costs of mediation will be shared equally by both parties.
3. Arbitration
If the dispute remains unresolved after mediation, the parties agree to resolve the dispute through binding arbitration. Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration service. The arbitration will take place in Lubbock, Texas, and the arbitrator's decision will be final and binding on both parties. The costs of arbitration, including the arbitrator's fees, will be shared equally by both parties, unless the arbitrator determines otherwise.
Confidentiality
All negotiations, mediations, and arbitration proceedings, including any related documents and communications, shall be confidential and shall not be disclosed to any third party, except as required by law or as necessary to enforce the arbitration award.
Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights. Additionally, Pro Contractor App™ reserves the right to pursue legal action in court for any claims related to non-payment of fees.
Small Claims
Either party may bring an individual action in small claims court for disputes or claims within the scope of small claims jurisdiction, provided that the action remains in such court and is not removed or appealed to a higher court.
Final Provisions
By agreeing to these Terms, you acknowledge and agree to the dispute resolution procedures outlined above. If you have any questions or concerns about these procedures, please contact our legal team at [email protected].
Contact Information
If you have any questions, concerns, or comments about these Terms and Conditions, or if you need assistance with any aspect of our sales and marketing automation software platform, please do not hesitate to contact our legal team. We are here to help and ensure that your experience with Pro Contractor App™ is as smooth and productive as possible.
You can reach Pro Contractor App™'s legal team through the following contact details:
Email: [email protected]
Our support team is available to assist you during our regular business hours, which are 9am to 5pm, Monday through Friday. We strive to respond to all inquiries promptly and provide the necessary support to address your concerns.
By using Pro Contractor App™, you agree to these Terms and Conditions. If you have any questions or need further clarification, please contact us at the email address provided above.
Miscellaneous
Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent.
Waiver
No waiver of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pro Contractor App™ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published by Pro Contractor App™ on our platform, constitute the entire agreement between you and Pro Contractor App™ with respect to the use of our services. This agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the services.
Force Majeure
Pro Contractor App™ shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, government actions, labor strikes, or shortages of materials or supplies.
Assignment
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. Pro Contractor App™ may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Relationship of the Parties
Nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Pro Contractor App™. Both parties are independent contractors, and neither party has the authority to bind the other or incur obligations on behalf of the other.
Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and shall be deemed to have been duly given when delivered by hand, sent by certified mail, return receipt requested, or by email to the addresses provided by the parties.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Lubbock, Texas, and the parties hereby consent to the personal jurisdiction and venue therein.
Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact our legal team at [email protected]
By using Pro Contractor App™, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.Updated: May 15, 2024
Welcome to Pro Contractor App™!
Thank you for choosing Pro Contractor App™, a service provided by SME Advantage LLC. We specialize in offering innovative marketing and sales automation software solutions designed to enhance your business efficiency and marketing effectiveness. This document, our Terms and Conditions, governs your use of our website and services. By accessing and using Pro Contractor App™ you agree to comply with and be bound by the terms outlined herein. If you do not agree with any part of these terms, you should discontinue use of our services immediately.
Acceptance of Terms
By accessing or using the Pro Contractor App™ platform, you signify your agreement to be bound by these Terms and Conditions. If you are using the services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
You may use the services provided by Pro Contractor App™only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The services offered by Pro Contractor App™are always evolving, so the form and nature of the services that Pro Contractor App™ provides may change from time to time without prior notice to you. In addition, Pro Contractor App™ may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally and may not be able to provide you with prior notice.
If you do not agree with our terms, please do not access or use our services. Your continued use of the services after such changes have been notified will constitute your consent to such changes.
Modification of Terms
At Pro Contractor App™, we are committed to continuously improving our services to meet the ever-evolving needs of our clients in the marketing and sales automation space. As such, the landscape in which we operate changes rapidly, necessitating occasional adjustments to our Terms and Conditions.
We reserve the right to modify, add, or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms periodically for updates. By continuing to use our website and services after such modifications have been made, you acknowledge and agree to the changes. If you do not agree with our modified Terms, your sole remedy is to discontinue your use of our services.
We understand the importance of transparency and will make every effort to notify you of significant changes to these Terms. Such notifications may be made through the email associated with your account, through our website, or through other reasonable means.
Please note that certain features of our services may be subject to additional guidelines, terms, or rules, which will be posted on the service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Your continued use of Pro Contractor App™'s services following the posting of revised Terms means that you accept and agree to the changes. We encourage you to periodically review this page for the latest information on our terms of use.
Account Registration and Use
To access certain features of Pro Contractor App™, you must register for an account. During the registration process, you will be required to provide specific information, including but not limited to:
Company nameLegal structure (e.g., LLC, Corporation)Registered addressContact information (phone number, email)Industry sectorA2P 10DLC Registration informationEmployee/user registration information
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Pro Contractor App™ reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
User Roles and Permissions
You agree to use our SaaS services only for lawful purposes and in accordance with the Terms and Conditions. You are responsible for ensuring that all persons who access the services through your internet connection are aware of these Terms and Conditions and comply with them.
Upon registration, account admins will have the ability to set permissions for different users within the account. These permissions are crucial for maintaining the security and integrity of your data and ensuring that users have appropriate access based on their roles. The roles and permissions include, but are not limited to:
Account Admin: Full access to all features of purchased plan and settings within the Pro Contractor App™ platform.Account User: Access to features set by Account Admin(s).
Account admins can create custom roles and assign specific permissions as needed to fit the organizational structure and requirements. It is the responsibility of the account admin to manage these roles and ensure that users have the appropriate level of access.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Pro Contractor App™ immediately of any unauthorized use of your account or any other breach of security. Pro Contractor App™ will not be liable for any loss or damage arising from your failure to comply with these requirements.
By registering for an account, you agree to comply with these Terms and Conditions and any additional guidelines or rules that may be posted in connection with specific sections or services of the Pro Contractor App™ platform.
User Conduct
At Pro Contractor App™, we are committed to fostering a positive and productive environment for all users of our marketing and sales automation software. To maintain this standard, we require all users to adhere to the following guidelines:
Acceptable Behaviors
Professionalism: Users should engage with the platform and other users in a professional and respectful manner.Compliance: Users must comply with all applicable laws and regulations while using our services.Integrity: Users should provide accurate and truthful information in their profiles and communications.Respect for Privacy: Users must respect the privacy and confidentiality of others, including not sharing personal information without consent.Constructive Feedback: Users are encouraged to provide constructive feedback and suggestions to help improve our services.
Prohibited Behaviors
To ensure a safe and respectful environment, the following behaviors are strictly prohibited:
Illegal Activities: Using the platform for any illegal activities, including but not limited to fraud, hacking, or distributing malware.Harassment and Discrimination: Engaging in any form of harassment, discrimination, or abusive behavior towards other users, including but not limited to offensive comments related to race, gender, sexual orientation, religion, or disability.Violence and Threats: Advocating or inciting violence, or making threats against others.Spam and Unsolicited Communications: Sending junk mail, spam, chain letters, or any other form of unsolicited communication.Infringement of Intellectual Property: Posting or sharing content that infringes on the intellectual property rights of others.Misuse of Personal Information: Exposing another user’s personal information, including usernames and passwords, without their consent.Disruptive Behavior: Engaging in activities that disrupt or interfere with the normal operation of the platform, including excessive use of bandwidth or deploying automated systems.
Consequences of Violations
Violations of these conduct guidelines may result in the suspension or termination of your account, at the sole discretion of Pro Contractor App™. We reserve the right to remove any content that violates these guidelines and to take appropriate legal action if necessary.
Reporting Violations
If you encounter any behavior that violates these guidelines, please report it to our legal team at [email protected]. We take all reports seriously and will investigate any alleged violations promptly.
By using Pro Contractor App™, you agree to adhere to these user conduct guidelines and understand that failure to comply may result in the suspension or termination of your account.
Intellectual Property
At Pro Contractor App™, we take the protection of our intellectual property very seriously. This section outlines the ownership and use of the content and software provided through our services.
Ownership of Intellectual Property
Except for the rights expressly granted to you under these Terms, all rights, title, and interest in and to all intellectual property rights associated withPro Contractor App™, including but not limited to our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other proprietary rights (collectively, "Intellectual Property Rights"), shall remain exclusively with Pro Contractor App™ and its licensors.
Use of Our Content and Software
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our SaaS services strictly in accordance with these Terms and Conditions. This license is solely for your internal business use and may not be used for any commercial purposes without our prior written consent. This license does not include any rights to:
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, snapshots, products, or services obtained from Pro Contractor App™ except for the sole purpose of customization and personalization of sales and marketing campaigns for your business on the Pro Contractor App™’s Platform.Use any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our express written consent.Use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.
User-Generated Content
We claim no ownership over the content you upload or provide to the Pro Contractor App™ platform. However, by submitting content to our platform, you grant us a worldwide, royalty-free, transferable, sub-licensable, irrevocable, and perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with providing and promoting the services.
Feedback and Suggestions
We welcome your feedback and suggestions to improve our services. By submitting feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use and incorporate your feedback into our services without any obligation to you.
Aggregated Data
We may collect and aggregate technical and other data about your use of the Pro Contractor App™ platform that is non-personally identifiable with respect to you ("Aggregated Anonymous Data"). We may use this Aggregated Anonymous Data to improve, support, and operate our services. For clarity, you are not identified as the source of any Aggregated Anonymous Data, and no personal data is collected as part of this process.
Trademarks
Pro Contractor App™ and the Pro Contractor App™ logo are trademarks of SME Advantage LLC. You may not use these trademarks without our prior written permission. All other trademarks, service marks, logos, and trade names that appear on our platform are the property of their respective owners.
By using Pro Contractor App™, you agree to respect our intellectual property rights and to comply with these guidelines. Unauthorized use of our intellectual property may result in the termination of your account and legal action.
Termination
Termination by Users
You may terminate your agreement with Pro Contractor App™at any time if you are dissatisfied with our services. To initiate termination, you must provide written notice to our legal team at [email protected] at least 30 days prior to your desired termination date. Upon receipt of your termination request, we will process the termination and confirm the effective date.
Termination by Pro Contractor App™
Pro Contractor App™ reserves the right to terminate your account and access to our services immediately, without prior notice or liability, under the following circumstances:
Breach of Terms: If you violate any of the terms outlined in this agreement.Illegal Activities: If you engage in illegal activities or misuse our platform.Non-Payment: If you fail to make timely payments for the services provided.Misuse of Services: If you misuse the services in a manner that disrupts or harms other users or the platform.
Consequences of Termination
Upon termination of your account, the following consequences will apply:
Access Revocation: You will immediately lose access to all features and data associated with your account. Data Retention and Migration: You will have 30 days from the termination date to retrieve any data you have stored on the Pro Contractor App™ platform. After this period, Pro Contractor App™ reserves the right to delete all data associated with your account. We may assist with data migration upon request, subject to additional fees.Refunds: Refunds for any unused portion of a subscription will be issued at the sole discretion of Pro Contractor App™. We reserve the right to deny refunds if third party debts are owed on the account (such as SMS or Email usage fees) or the termination is due to a breach of terms or misuse of services.
Notice Period and Auto-Renewal
Notice Period: Users must provide a 30-day notice period for termination. Failure to provide adequate notice may result in continued billing for the subsequent billing cycle.Auto-Renewal: Unless terminated, your subscription will automatically renew at the end of each billing cycle. You are responsible for managing your subscription settings to prevent unwanted renewals.
Post-Termination Obligations
Outstanding Payments: You are responsible for any outstanding payments due at the time of termination. Pro Contractor App™ reserves the right to pursue legal action to recover unpaid amounts.Confidentiality: Any confidential information obtained during the term of the agreement must be returned or destroyed upon termination, and you must cease all use of Pro Contractor App™'s intellectual property.
By using Pro Contractor App™, you agree to these termination terms and understand the consequences of terminating your agreement. If you have any questions or need assistance with the termination process, please contact our legal team.
Disclaimers and Limitations of Liability
Disclaimers
General Disclaimer:
Pro Contractor App™ ("the Company") provides its sales and marketing automation software platform and related services ("Services") on an "AS IS" and "AS AVAILABLE" basis. The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not represent or warrant that:
The Services will meet your specific requirements or expectations.The Services will be uninterrupted, timely, secure, error-free, or free from viruses or other malicious software.The results obtained from the use of the Services will be accurate, reliable, or meet your quality expectations.Any errors in the Services will be corrected.
You acknowledge and agree that your use of the Services is at your sole risk and discretion. The Company shall not be liable for any damages arising from your reliance on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears in the Services.
Limitations of Liability
General Limitation:
To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to, use of, or inability to access or use the Services, any content obtained through the Services, or any communications, interactions, or meetings with other users of the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the Company has been informed of the possibility of such damage.
Cap on Liability:
If, notwithstanding the other provisions of these Terms and Conditions, our company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our services or any content, our liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on our website paid in the six months prior to the date of the initial claim made against our company, or (2) US $100.00.
Jurisdictional Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Pro Contractor App™'s liability will be limited to the fullest extent permitted by applicable law.
Indemnification:
You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Services; your violation of any term of these Terms and Conditions; your violation of any third-party right, including without limitation any copyright, property, or privacy right; or any claim that your use of the Services caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Services.
Specific Exclusions for Certain Risks
Data Breaches and Cybersecurity Incidents
Despite our efforts to ensure the security of your data, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of our services is at your own risk. We expressly exclude liability for any loss of data, breach of security, or any consequential damages resulting from such incidents, to the extent allowed by applicable law.
Third-Party Actions
We are not responsible for the actions of third parties with whom you may choose to share your data or who may gain unauthorized access to your data without our consent. We disclaim all liability arising from the acts or omissions of third parties, including but not limited to hackers or other cybercriminals.
Technological Malfunctions
While we strive to maintain the continuous operation of our services, we are not liable for interruptions caused by technological failures outside of our control, including but not limited to software bugs, server downtime, and hardware malfunctions.
Misuse of Service
We are not liable for any loss or damage arising from the unauthorized use of your account. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.
Compliance with Law
Our services are provided as-is, and we make no representations concerning the compliance of our services with specific legal requirements applicable to your industry or jurisdiction. You are solely responsible for ensuring that your use of our services complies with applicable laws and regulations.
Modifications and Discontinuation of Service
We reserve the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.
Specific Industry Risks
For services tailored to specific industries (e.g., healthcare, finance), we are not liable for any claims related to our compliance with industry-specific regulations unless explicitly stated in a separate agreement.
By using Pro Contractor App™, you acknowledge and agree to these disclaimers and limitations of liability. If you have any questions or concerns about these terms, please contact our legal team at [email protected].
Dispute Resolution
Governing Law
These Terms and Conditions, and any disputes arising out of or relating to them, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. By using Pro Contractor App™, you agree that any legal matters or disputes will be resolved under the jurisdiction of the courts located in Texas.
Methods of Dispute Resolution
To ensure a fair and efficient resolution of disputes, Pro Contractor App™ employs the following methods:
1. Negotiation
In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations. Either party may initiate the negotiation process by providing written notice to the other party, outlining the nature of the dispute and the desired resolution.
2. Mediation
If the dispute cannot be resolved through negotiation within thirty (30) days of the initial notice, the parties agree to attempt to resolve the dispute through mediation. Mediation will be conducted by a neutral third-party mediator mutually agreed upon by the parties. The mediation will take place in Lubbock, Texas, and the costs of mediation will be shared equally by both parties.
3. Arbitration
If the dispute remains unresolved after mediation, the parties agree to resolve the dispute through binding arbitration. Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration service. The arbitration will take place in Lubbock, Texas, and the arbitrator's decision will be final and binding on both parties. The costs of arbitration, including the arbitrator's fees, will be shared equally by both parties, unless the arbitrator determines otherwise.
Confidentiality
All negotiations, mediations, and arbitration proceedings, including any related documents and communications, shall be confidential and shall not be disclosed to any third party, except as required by law or as necessary to enforce the arbitration award.
Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights. Additionally, Pro Contractor App™ reserves the right to pursue legal action in court for any claims related to non-payment of fees.
Small Claims
Either party may bring an individual action in small claims court for disputes or claims within the scope of small claims jurisdiction, provided that the action remains in such court and is not removed or appealed to a higher court.
Final Provisions
By agreeing to these Terms, you acknowledge and agree to the dispute resolution procedures outlined above. If you have any questions or concerns about these procedures, please contact our legal team at [email protected].
Contact Information
If you have any questions, concerns, or comments about these Terms and Conditions, or if you need assistance with any aspect of our sales and marketing automation software platform, please do not hesitate to contact our legal team. We are here to help and ensure that your experience with Pro Contractor App™ is as smooth and productive as possible.
You can reach Pro Contractor App™'s legal team through the following contact details:
Email: [email protected]
Our support team is available to assist you during our regular business hours, which are 9am to 5pm, Monday through Friday. We strive to respond to all inquiries promptly and provide the necessary support to address your concerns.
By using Pro Contractor App™ you agree to these Terms and Conditions. If you have any questions or need further clarification, please contact us at the email address provided above.
Miscellaneous
Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent.
Waiver
No waiver of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pro Contractor App™to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published by Pro Contractor App™ on our platform, constitute the entire agreement between you and Pro Contractor App™ with respect to the use of our services. This agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the services.
Force Majeure
Pro Contractor App™shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, government actions, labor strikes, or shortages of materials or supplies.
Assignment
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. Pro Contractor App™may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Relationship of the Parties
Nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Pro Contractor App™. Both parties are independent contractors, and neither party has the authority to bind the other or incur obligations on behalf of the other.
Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and shall be deemed to have been duly given when delivered by hand, sent by certified mail, return receipt requested, or by email to the addresses provided by the parties.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Lubbock, Texas, and the parties hereby consent to the personal jurisdiction and venue therein.
Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact our legal team at [email protected].
By using Pro Contractor App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.