Effective Date: 1/24/2023

Introduction

Welcome to Process App Inc. (“Process”, “we”, “us”, or “our”). These Terms of Service, which incorporate by reference our Privacy Policy, govern your use of our software-as-a-service (SaaS) platform (the “Service”). By using our Service, you agree to these terms and acknowledge our data practices as outlined in the Privacy Policy.

Acceptance of Terms

By accessing or using the Service, you confirm your agreement to be legally bound by these terms, all applicable laws and regulations, and acknowledge your responsibility for compliance with any local laws applicable to your use of the Service.

Age Requirements

The Service is intended for users who are at least 18 years of age. By agreeing to these Terms, you represent and warrant that you meet this age requirement.

Data Protection and Privacy

Your privacy is paramount to us. For information on how we collect, use, and protect your data, please refer to our detailed Privacy Policy available on our website.

Cancellation and Refunds

Subscription cancellations can be made any time. For cancellations made mid-cycle, charges will be pro-rated up to the cancellation date. Details of the refund policy for each subscription service are available during the purchase process and within the Service.

User-Generated Content

If the platform allows user content uploads or sharing, you must ensure that your content adheres to applicable laws. By uploading content, you grant Process a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, display, and perform such content in relation to the Service.

API Usage

Access to and use of any Process APIs are subject to specific terms and conditions provided at the time of API access, which must be adhered to in addition to these Terms.

Beta Services

Services or features labeled as “beta” are experimental and may be subject to change or discontinuation. We provide these without warranty and subject to different terms, which will be provided with these services.

Jurisdiction-Specific Requirements

These Terms are governed by the laws of the State of Delaware, USA. Users in other jurisdictions agree to comply with all local laws and regulations that may apply to their use of the Service.

Modifications to Service

Process reserves the right to modify, suspend, or discontinue the Service at any time, without liability. We will make reasonable efforts to notify users of significant changes.

User Account

When creating an account, you agree to provide true, accurate, and complete information and to update this information to maintain its accuracy. You are responsible for all activities that occur under your account and for keeping your account credentials confidential.

User Responsibilities and Restrictions

You agree to use the Service legally and responsibly. The Service must not be used to infringe on the rights of others or to engage in any unlawful or harmful activities.

Third-Party Links and Services

The Service may contain links to third-party websites or services. We are not responsible for these external entities, and their inclusion does not imply our endorsement.

Intellectual Property

All intellectual property rights in the Service are owned or licensed by Process. Unauthorized use, reproduction, or distribution of any part of the Service is prohibited.

Payment

For paid services, you agree to pay all applicable fees. Fees are non-refundable except as expressly stated in our refund policy.

Termination

We may terminate or suspend your account and access to the Service if we determine you have violated these Terms or for any other reason at our discretion, without notice.

Indemnification

As a user of Process App Inc., you agree to indemnify, defend, and hold harmless Process App Inc. and its subsidiaries, affiliates, officers, agents, employees, partners, licensors, and third-party service providers (collectively, “Indemnified Parties”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use of the Service, your violation of these Terms of Service, or your violation of any rights of another.

This indemnification obligation includes, but is not limited to:

• Claims Arising from Data Breaches: If your actions contribute to a data breach, you are responsible for indemnifying the Indemnified Parties against any resulting claims, losses, or damages.
• Negligence or Willful Misconduct: This indemnity covers claims arising out of your negligence or willful misconduct in connection with the use of the Service.
• Scope of Legal Fees: You agree to indemnify the Indemnified Parties for all types of legal fees, including court costs and attorney fees, incurred in connection with any claim covered by this indemnity.
• Violation of Third-Party Rights: You are responsible for indemnifying the Indemnified Parties against claims arising from your violation of third-party rights, including but not limited to intellectual property rights.
• Notification Procedure: Process App Inc. will promptly notify you of any claim or potential claim for indemnification, providing details necessary for you to evaluate and respond to the claim.

Your obligation to indemnify and hold harmless the Indemnified Parties will survive the termination or expiration of these Terms and your use of the Service. Process App Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate with Process App Inc. in asserting any available defenses.

Disclaimers

The Service is provided “as-is” without warranties of any kind. We do not guarantee uninterrupted or error-free service.

Limitation of Liability

Process is not liable for any indirect, incidental, or consequential damages arising from your use of the Service, to the extent permissible by law.

Severability

If any part of these Terms is found invalid or unenforceable, the remainder will continue to be valid and enforceable.

Entire Agreement

These Terms constitute the entire agreement between you and Process and supersede all prior communications and agreements.

Governing Law and Dispute Resolution

These Terms are governed by Delaware law. Disputes arising under these Terms will be resolved by arbitration in Delaware in accordance with the American Arbitration Association, and the judgment may be enforced in any court of competent jurisdiction.

Changes to Terms of Service

We reserve the right to modify these Terms and will provide notice of significant changes. Continued use of the Service after changes constitutes acceptance of the new terms.