Last updated: 21st Aug 2022
This Terms of Service (the “Terms”) covers the services provided by Protex AI Limited trading as Protex AI (“Protex AI”, “we”, “us” or “our”). Protex AI is incorporated in Ireland with company registration number 691369 and having its registered address at Grange, Lisnagry, Limerick, Ireland.
These Terms are a legal agreement between you (“Licensee” or “you” and its derivatives) and Protex AI. The agreement consisting of these Terms and other documentation referred to in these Terms ("Agreement") shall govern your use of the Protex AI service (“Service”) that enables users (the “User”) to build, digest and implement safety related workflows (collectively, a “Safety Workflow”) that can be made accessible for use by your team, organisation or third-party customers, partners or visitors (“End Users”). This Agreement governs your use of any products and services provided by Protex AI including the website at https://protex.ai, (the “Site”) and your access to and use of our Proactive Safety management platform (the “Platform”). By entering into a transaction on the Site or Platform, you agree to be bound by the terms and conditions set out below (the “Contract”).
These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform.
If you have any question relating to the Terms before you enter into a transaction, please contact firstname.lastname@example.org. If you do not wish to be bound by this Contract, do not use, access or register with the Service.
2. Platform License
Subject to these Terms, Protex AI grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the functionality of the Platform to build, digest and manage safety workflows. The license granted here includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Platform (collectively, “Documentation”), and to use any changes to the Platform made available to all Protex AI Users at no additional cost (each, an “Update”) when each Update is made available. Such updates are applied automatically to the Platform.
Except as explicitly permitted in these Terms, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile or reverse engineer the Platform; (iii) rent, lease, share, distribute, or sell the Platform to any third party; (iv) remove, alter or deface proprietary notices in the Platform or Documentation; (v) interfere with the Platform’s operation; (vi) use the Platform to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing.
Protex AI reserves the right to terminate the Agreement upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.
3. Use License
Protex AI only provides the Service for the purpose of enabling the user to build the safety workflow. Protex AI does not operate safety workflows in any way and does not assume any responsibility or liability for any business, transactions and activities carried out in safety workflows. The safety workflows may not be used for business, transactions and activities that are illegal. Furthermore, you agree not to use the Service in any other way that harms or may harm the reputation of Protex AI, or which may endanger the provision of the Service to other parties. Such activities include, but are not limited to, any unauthorised load testing, security testing or any other use of the Service that causes an unreasonable load on the resources used by Protex AI to provide the Service.
4. Fees and Payment Terms
Fees may be applicable to the use of the Service for which you will need an active and fully paid for Subscription (“Subscription”) over the Term (“Term”) of your use of the Service from Account creation to termination.
Protex AI reserves the right to change its price lists. Protex AI shall notify existing Users of a change in the fees charged for the Service at least thirty (30) days in advance. Should you wish not to accept such change in fees, you may terminate this Agreement in accordance with the terms below.
Unless separately agreed otherwise, any fees shall be charged yearly in advance for annual subscriptions. For invoices sent separately, the payment term is thirty (30) days from the date of the invoice. Protex AI reserves the right to suspend the provision of the Service due to any payments that remain unpaid after thirty (30) days from the payment date of the invoice until such due amounts have been paid in full.
5. Protex AI Obligations
Protex AI will use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.
Protex AI will provide all Updates to the Platform applicable to your Account as and when they become available. Knowledge base documentation and video tutorials are available at all times to all Users. In addition, live chat support is available.
The Agreement is valid until terminated by either party in accordance with the following:
(i.) Any offerings or parts of the Service provided to you free of charge may be terminated by you at any time by informing Protex AI of such termination in writing;
(ii.) Any offerings subject to fees may be terminated by you by informing Protex AI of such termination in writing at least three (3) days prior to the end of the current invoicing period;
(iii.) No refund of fees for the current invoicing period will be offered upon termination by you of the Agreement;
(iv.) Protex AI may terminate this Agreement and any and all Services provided under this Agreement for convenience and without any liability at any time by a thirty (30) days' written notice.
Either Party may terminate this Agreement for cause by a written notice to the other Party, in case such other Party is in material breach of this Agreement and has not remedied such breach within thirty (30) days of the receipt of a written notice detailing such breach.
Upon the termination of this Agreement for any reason:
(i.) your right to use the Service shall cease immediately;
All the materials on Protex AI's Site are provided "as is". Protex AI makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Protex AI does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
Protex AI or its suppliers will not be held accountable for any damages that will arise with the use or inability to use the materials on Protex AI's Website, even if Protex AI or an authorised representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
9. Revisions and Errata
The materials appearing on Protex AI's Website may include technical, typographical, or photographic errors. Protex AI will not promise that any of the materials in this Website are accurate, complete, or current. Protex AI may change the materials contained on its Website at any time without notice. Protex AI does not make any commitment to update the materials.
Protex AI has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Protex AI of the site. The use of any linked website is at the user’s own risk.
Protex AI may revise these Terms at any time without prior notice. When we do so, we will make a new copy of the Terms available on this page. Any changes to the Terms will be effective immediately for new users and five (5) days after notice of such changes is posted on the Site for existing users. By using the Site or Platform, you are agreeing to be bound by the current version of these Terms of Service.
12. Your Privacy
13. Governing Law
Any claim related to Protex AI's Website shall be governed by the laws of Ireland without regards to its conflict of law provisions.