Terms of Services

Created on 18 June, 2024 • 21 views • 29 minutes read

Terms of Services

1. Definitions and interpretation

1.1 Definitions

The meanings of capitalized terms used in these terms of service are set out below.

Terms and meaning

Billing Page - The website's billing page, currently located at https://profisse.com/account-payments.

Content - Has the meaning given in clause 6(a).

Data - Has the meaning given in clause 10 (a).

Data analysis - Has the meaning given in clause 10 (b).

End User - Has the meaning given in clause 12.

Feedback - Has the meaning given in clause 11(b).

Free Plan - A plan under which you use the profisse.com service but are not required to pay for that use.

Intellectual property rights - All industrial and intellectual property rights throughout the world, including all copyrights and analogous rights, all rights in relation to inventions or discoveries (including patent rights), designs, registered and unregistered trademarks (including service marks), trade names, trademarks, source indications or appellations of origin, software, circuit layouts and all other rights throughout the world arising from intellectual activity in the industrial, scientific or artistic fields.

Jurisdiction Specific Terms - The terms of clause 18.

profisse.com Content - Has the meaning given in clause 9 (f).

profisse.com Service - The service, provided by us through the Site (or by any other means from time to time, including an application), that allows you to create a Page.

Page - A personalized, easily customizable page that hosts your content, including all the important links you want to share with your audience.

Paid Plan - A plan under which you use the profisse.com Service, but where a fee is paid for use of the profisse.com Service (and under which you receive additional functionality).

We / our / us – profisse.com.

Website - The website located at www.profisse.com

1.2 Interpretation

In these terms of service:

(a) headings in bold are for convenience only and do not affect the interpretation of these terms of service;

(b) words of any gender include all genders;

(c) an expression referring to a person includes any company, partnership, joint venture, association, corporation or other legal entity and any government agency, as well as an individual;

(d) a reference to any legislation, regulation, binding instructions issued by government agencies, mandatory codes of conduct or the like, includes all delegated instruments made thereunder and any amendments, consolidations, replacements or reissues of any of them;

(e) a reference to a day means the period of time beginning at midnight and ending 24 hours later;

(f) a reference to R$ is the Brazilian Real currency, unless otherwise denominated;

(g) specifying anything in these terms of service after the words “include” or “for example” or similar expressions does not limit what else is included.

2. Acceptance

(a) These are binding terms: When accessing or using the profisse.com Service:

(1) you agree to be bound by these terms of service. If you disagree with any part of these terms of service, you may not access the profisse.com Service; It is

(2) you confirm that you can form a binding contract with us, that you accept these terms of service and agree to comply with them.

(b) Comply with our Privacy Policy: Your access to and use of the profisse.com Service is also subject to our Privacy Policy. By using the profisse.com service, you agree to the terms of the Privacy Policy.

(c) Jurisdiction Specific Terms: If you access or use the profisse.com Service from a jurisdiction for which Jurisdiction Specific Terms exist, you also agree to the specific terms applicable to each relevant jurisdiction and in the event of conflict between the provisions of these terms of service and the Jurisdiction-Specific Terms, the Jurisdiction-Specific Terms will prevail to the extent of the inconsistency.

(d) You are an authorized representative of a company (if relevant): If you are accessing the Service on behalf of a company or entity, then you represent and warrant that you are an authorized representative of that company or entity with authority to bind the entity to these terms of service, and that you agree to these terms of service on the entity's behalf.

(e) Eligibility: You warrant that you are at least 18 years of age and are legally capable of entering into binding contracts. If you are under 18, you must obtain the consent of your parent or guardian to use the profisse.com service and they agree to be bound by these terms of service on your behalf.

3. Term When a Free Plan begins and ends: A Free Plan will begin when these terms of service are accepted by you (or, if applicable, the date on which your Paid Plan automatically converts to a Free Plan, as set forth below) and will continue until you cancel on the billing page.

(b) When a Paid Plan begins and ends: A Paid Plan will begin when you have selected the relevant 'Paid Plan' option (including whether you are on a monthly or annual billing cycle) and when these terms of service are accepted by you and will continue until you cancel your paid plan on the billing page. Where do you cancel your paid plan:

(1) your Paid Plan will continue until the end of the current billing cycle that applies to your Paid Plan; It is

(2) at the end of this billing cycle, your Paid Plan will automatically be converted to a Free Plan.

(c) Refunds on cancellation of Paid Plan: However, we understand that sometimes your requirements may change. If you selected a paid plan, but canceled the paid plan on the billing page within 72 hours of accepting these terms of service:

1. If your paid plan has a monthly billing cycle:

(A) we will provide you as soon as possible with a full refund of the month's expenses that you paid in advance; It is

(B) your Paid Plan will end the moment you cancel it and will automatically be converted to a Free Plan; or

2. If your paid plan has an annual billing cycle:

(A) we will provide you, as soon as practicable, with a refund equivalent to 11 months of the annual expenses you paid in advance; It is

(B) your Paid Plan will end at the end of the calendar month in which you canceled it and will automatically be converted to a Free Plan.

(d) Account Deletion: If you no longer wish to use a Free Plan and would like your account to be permanently deleted, you can do so from the 'My Account' page. However, you should note that if you do this, you will not be able to reactivate your account and you will not be able to recover any content or information that you have added.

(e) We may cancel or suspend your plan: Please note that these terms of service allow us to suspend or cancel your Free Plan or Paid Plan in certain circumstances (for example, see clause 16). Furthermore, if we do not receive payment for your Paid Plan in accordance with clause 8, we reserve the right to cancel your Paid Plan.

4. Changes to the Terms and Service profisse.com

(a) We may change these terms of service: We may change or replace these terms of service at any time if the change is necessary to reflect changed or added functionality of the profisse.com Service, to comply with law, for business reasons reasonable, or otherwise to protect our legitimate interests.

(b) We may notify you of certain changes to the terms of service: If a change to these terms of service could have a material adverse effect on you, we will use our best efforts to notify you of the change in advance (for example, by providing a notice on the website), and we will do so at least 1 month before any new terms come into effect.

(c) You must check these terms of service for changes: It is your responsibility to check these terms of service from time to time for any changes. If you do not agree with any of the changes to these terms of service, it is your responsibility to stop using the profisse.com Service and/or cancel in accordance with clause 3.

(d) Your continued use is considered acceptance: Your continued use of the profisse.com Service will be considered your acceptance of any changes to these terms of service as described above.

(e) We may change the profisse.com Service and functionality: You acknowledge that the profisse.com Service is constantly evolving and we may change portions of the profisse.com Service and its functionality from time to time.

5. Accounts

(a) You must create an account to use the profisse.com Service: To access or use our profisse.com Service, you must create an account with us. When creating this account, you must provide accurate and up-to-date information. It is important that you maintain and update your data and any other information you provide to us.

(b) You must maintain your password: You agree not to disclose your password to third parties and are responsible for safeguarding the password you use. You will be fully responsible for activities related to your account or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

(c) You must choose an appropriate username: You may not use, as a username, another person's name (for example, the name of well-known personalities or a name with which you have no connection), brand or entity, a name that is not legally available for use, or a business name that is subject to any rights of another person or entity, or a name that is offensive, vulgar or obscene. In the event that problems arise with the use of particular usernames, for example when another person claims that your username is appropriate to their name, we will consider the circumstances reasonably and may require you to change your username (and we can then reassign it). If we ask you to do so and you refuse, we may suspend or terminate your user account. Importantly, without affecting the above, we do not permit 'domain squatting' or 'domain parking' or similar, and we may reclaim and relocate usernames that we reasonably believe were created for these purposes. You may raise any questions relating to usernames to us - see clause 16(b) for details.

(d) Your responsibilities in relation to the use of your account: You must not use your user account or allow it to be used in a way that may (in our opinion) cause damage or harm to the profisse.com Service or our reputation, or infringe or violate any rights of third parties or violate any applicable laws or regulations.

6. Your content

(a) Your right to post Content: You may post, link, store, share and otherwise make available certain information, text, graphics, videos or other material to/on the Page you create using the profisse.com Service ( Content ). You are responsible for the Content, including its legality, reliability and appropriateness. Where any third party owns any of the Content, you are also responsible for ensuring that you have all rights (including any licenses) necessary to allow you to make that Content available on the profisse.com Page and Service.

(b) You grant us a license to use and display your Content: By posting Content to the profisse.com Service, you grant us the right and license to use, publicly display, and distribute such Content on and through the bio Service profisse.com and you confirm that you have all necessary third-party rights and licenses to post such Content. You retain any and all rights to any Content you submit, post or display on or through the profisse.com Service and are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the profisse.com Service, who may also use your Content subject to these terms of service.

1. The content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these terms of service; It is

2. the publication of your content on or through the profisse.com service does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person. Furthermore, you agree that:

(A) the Content will not cause you or us to violate any law, regulation, rule, code or other legal obligation;

(B) the Content will not or could not reasonably be considered obscene, inappropriate, defamatory, derogatory, indecent, seditious, offensive, threatening, abusive, likely to incite racial hatred, discriminatory, blasphemous, in breach of trust or in violation of privacy . In some circumstances, Content that in one country would not violate the foregoing requirements may do so in another country (and we reserve the right to take any action we deem necessary in such circumstances, including removing the Content or restricting access to the Service profisse.com);

(C) the Content will not be misleading, will not be intended or designed to misinform, is likely to misinform a reasonable person, and that you will not represent as fact something that is false;

(D) Content will be unsolicited, unsolicited, or constitute unauthorized advertising or endorsement of any product;

(E) The Content does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; It is

(F) The content does not and is unlikely to bring us or the profisse.com Service into disrepute.

(d) Keep Records: You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause 6 and to make such records available upon our reasonable request.

(e) Our right to monitor and modify your Content: We have no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the profisse.com Service. We reserve the right to modify or remove any Content at any time.

(f) You accept the risk of public disclosure: You acknowledge and agree that all Content you provide on the profisse.com Service will be publicly available information and you assume the risks involved with such public disclosures.

(g) We may use your Content to promote the profisse.com Service: We may choose to feature your Page and Content (but not your trademarks or personal information, unless you agree in writing) on our Site or otherwise to promote the profisse.com Service. You grant us a worldwide, royalty-free, perpetual license to use such Content for such purposes.

7. Acceptable Use

Your access to and use of the profisse.com Service is subject to these terms of service and all applicable laws and regulations. We are also committed to ensuring that the profisse.com Service is safe for all users and does not provide a platform for inappropriate User Content or behavior. Where there is any genuine and reasonable allegation by a third party (including any law enforcement agency) that your conduct may have breached these terms of service, we reserve the right to co-operate with that third party.

With this in mind, you should not:

(a) access or use the profisse.com Service if you are not fully able and legally competent to agree to these terms of service;

(b) make unauthorized copies of, modify, adapt, translate, reverse engineer, disassemble, decompile, extract information from, or create any derivative works of the profisse.com Service or any content included therein, including any files, tables or documentation (or any part thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the profisse.com Service or any derivative works of the profisse.com Service (or authorize any other person to do so in its name);

(c) distribute, license, transfer or sell, all or any part of the profisse.com Service or any derivative works thereof, except that you may resell the profisse.com Service to a limited class of persons if we have expressly given consent to such activity to you in writing (and, if we give consent, we may also include conditions to such consent, which you must comply with);

(d) market, rent or lease the profisse.com Service for a fee or charge, or use the profisse.com Service to advertise or carry out any commercial solicitation, except that you may market the profisse.com Service to a limited class of people, if we have expressly given consent to such activity in writing;

(e) use the profisse.com service, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

(f) interfere or attempt to interfere with the proper working of the profisse.com Service, disrupt the website or any networks connected to the profisse.com Service, or circumvent any measures we may use to prevent or restrict access to the bio Service. profisse.com;

(g) incorporate the profisse.com Service or any part thereof into any other program or product, except as separately agreed to by us in writing;

(h) use, or authorize others to use, automated scripts or other scraping tools to collect information from your page, or the profisse.com service, or otherwise interact with the profisse.com service;

(i) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available comes from the profisse.com Service;

(j) intimidate or harass another person, or promote violence or discrimination based on race, sex, religion, national origin, disability, sexual orientation or age on your page, your account, or on or through any links on your page;

(k) include any sexually explicit material (including images and language) on your own Page or in your account;

(l) use or attempt to use another person's account, service or system without our authorization, or create a false identity on the profisse.com Service;

(m) use the profisse.com Service in a way that could create a conflict of interest or undermine the purposes of the profisse.com Service, such as trading reviews with other users or writing or soliciting false reviews; or

(n) use the profisse.com Service to upload, transmit, distribute, store or make available in any way:

1. files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;

2. any information that, in the opinion of profisse.com, constitutes unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “multi-level marketing”, “chain letters”, “pyramid schemes ” or any prohibited form of solicitation;

3. any private information of third parties, including addresses, telephone numbers, email addresses, number and resource on a personal identity document (e.g. Social Security numbers, passport numbers) or credit card numbers, except for us as contemplated in the Privacy Policy;

4. any material that infringes or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;

5. any material that is defamatory of any person, or obscene, offensive, hateful or inflammatory;

6. any material that constitutes, encourages or provides instructions for a criminal offense, dangerous activity or self-harm;

7. any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or that is intended to harass, harm, injure, frighten, distress, embarrass or upset people;

8. any material that contains threats of any kind, including threats of physical violence;

9. any material that is racist or discriminatory, including discrimination based on someone's race, religion, age, sex, disability or sexuality;

10. any responses, responses, comments, opinions, analyzes or recommendations that you are not properly licensed or qualified to provide; or

11. material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the profisse.com Service, or which may expose us, the profisse.com Service or our users to any harm or liability of any kind.

8. Fees and Payments – Paid Plans

(a) Payment of your fees: You must pay us the fees you agreed to pay for a Paid Plan.

(b) How you will be billed: If you are on a Paid Plan, you will be billed in advance on a recurring and periodic basis depending on your billing cycle. Billing cycles are set on a monthly or annual basis depending on the type of plan you selected when opting for your Paid Plan.

(c) Paid Plans automatically renew: At the end of each billing cycle, your Paid Plan will automatically renew in accordance with these terms of service existing on the renewal date, unless you or we have canceled the Paid Plan in accordance with these terms of service.

(d) Payments must be made with accurate billing information: A valid payment method, including credit card, is required to process payment for your Paid Plan. You will provide us with complete and accurate billing information, including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all fees incurred through your account to any such payment instruments.

(e) Electronic invoices instead of automatic billing: If automatic billing does not occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline, with the full payment corresponding to the billing cycle as indicated in invoice.

(f) Taxes: Unless otherwise stated, all fees include transaction taxes (i.e. GST/VAT). You are responsible for paying all other (if any) external fees and taxes, including withholding taxes, if applicable, associated with your use of the profisse.com Service, wherever they may be charged. We may collect geographic information from you for these purposes, and all geographic information you provide to us (if any) must be accurate.

9. Intellectual property

(a) Our Intellectual Property Rights: All Intellectual Property Rights in the profisse.com Service, the Site and its content (excluding your Content, but including profisse.com Content), features and functionality are and will remain our (or our licensors') exclusive property, and you will not challenge such ownership.

(b) No transfer of our intellectual property rights to you: The profisse.com service is protected by copyright, trademark and other laws of Brazil and other countries. Our trademarks and trade names may not be used in connection with any product or service without our prior written consent. Nothing in these terms of service constitutes a transfer of any intellectual property rights from us to you.

(c) Your limited rights to use the profisse.com Service: You are permitted to use the profisse.com Service only as authorized by us (which includes use in accordance with these terms and conditions). As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the profisse.com Service to create, display, use, reproduce and upload Content subject to these terms of service.

(d) How the profisse.com Service should not be used: You must not use the profisse.com Service in connection with a product or service that is not affiliated with us or that in any way harms us.

(e) Responsibility for posted material: Any opinions, advice, statements, services, offers or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

(f) Your Responsibilities in Using profisse.com Content: If we provide you with any images, icons, videos, graphics or other content (profisse.com Content) for you to use in connection with the profisse Service. com, you must:

(1) only use the profisse.com Content on your Page and not anywhere else;

(2) comply with any reasonable written guidelines or terms, which may be the guidelines or terms of third parties, with respect to the profisse.com Content we provide to you.

10. Privacy and data protection

(a) Our data and guardianship of our data: All data (and any Intellectual Property Rights in the data) that we or the profisse.com Service create or generate based on your (or End Users' or other users) of the profisse.com Service or the Content (Data) will be our property and you will not contest such ownership.

(b) We may provide you with Data: We may provide you with Data or Data visualizations as part of the profisse.com Service (Data Analysis). We make no representations or warranties as to the accuracy or completeness of Data Analytics, but we will try to make it as accurate and complete as possible.

(c) See our Privacy Policy: Our Privacy Policy applies to the way we may collect, use and disclose personal information about you.

11. Confidentiality

(a) You must protect confidential information provided to you: If we share information about the profisse.com service with you that is confidential, or that a reasonable person would consider confidential, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure or access to this information.

(b) Our responsibilities regarding feedback: If you choose to contribute to the profisse.com service by sending us ideas for new products, services, features, modifications, enhancements, content, offers, promotions, computer code or any other materials (comments), then regardless of what your communication may say:

1. we have no obligation to review, consider or implement your Feedback or to return to you all or any part of any Feedback for any reason;

2. Feedback is provided on a non-confidential basis and we are under no obligation to keep any Feedback you submit confidential or to refrain from using or disclosing it in any way; It is

3. you irrevocably grant us a perpetual, worldwide, royalty-free license to reproduce, distribute, create derivative works of, modify, perform, communicate to the public, make available, display and otherwise use and exploit the Feedback and derivatives thereof for any purpose and No restrictions.

12. Your responsibility to end users

Your page can have its own visitors and customers (end users). How End Users use and interact with your Page and its Content (other than our obligations to you in these terms of service in relation to the profisse.com Service itself) is solely your responsibility. This responsibility includes compliance with all laws and regulations in relation to end users and the provision of products and services (if any) to end users.

13. Responsibility

(a) We are not responsible for damages: You agree that we will not be responsible for any damages suffered as a result of using the profisse.com Service or copying, distributing or downloading Content from the profisse.com service.

(b) There is no liability for certain types of damages for breach of contract or tort: In no event will you or we be liable for any indirect, punitive, special, incidental or consequential damages (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however arising, whether through breach of contract or tort (including negligence), even if the relevant party has been previously informed of the possibility of such damage.

(c) You are responsible for your use of the profisse.com Service: You are solely responsible for adequate security protection and backup of data, Content and/or equipment used in connection with your use of the bio Service. profisse.com and will not make any claim against us for lost data, re-execution time, inaccurate instruction, work delays or lost profits resulting from the use of the profisse.com Service. You must not assign or dispose of your account to any other person.

(d) Indemnity: You will indemnify us against any loss suffered by us that results from a breach by you of these terms of service (including clause 7), or a third party claim made against us in relation to your Content.

(e) Limitation of our liability to you: In no event will our liability to you under or in connection with these terms of service or the profisse.com Service exceed the greater of the fees actually paid by you at the time the liability allegedly arose, or [R$100]. This limitation applies regardless of whether your claim against us is based on contract, negligence, other tort, or otherwise.

14. Disclaimer

(a) You use the profisse.com Service at your own risk: Your use of the profisse.com Service is at your own risk. The profisse.com Service is provided on an “AS IS” and “AS AVAILABLE” basis. The profisse.com Service is provided without warranties of any kind, whether express or implied, including, but not limited to, uptime or availability or implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

(b) We make no warranties about the profisse.com Service: We, our subsidiaries, affiliates and licensors do not warrant or represent that:

1. the profisse.com Service will function uninterruptedly or securely, or be available at any specific time or location;

2. any errors or defects will be corrected;

3. the profisse.com service is free of viruses or other harmful components; or

4. The results of using the profisse.com service will meet your requirements.

(c) Extent of this disclaimer: This disclaimer applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft, or destruction or unauthorized access to, or alteration of, use of record in connection with the use or operation of the profisse.com Service, whether for breach of contract, tortious behavior, negligence, or any other cause of action.

(d) We make no warranties about the content of the profisse.com Service: We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained in the bio Service. profisse.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty, representation or guarantee as to the effectiveness or profitability of the profisse.com Service or that the operation of the profisse.com Service will be uninterrupted or error-free. We are not responsible for the consequences of any interruptions or errors in the profisse.com Service.

(e) We may provide access to third party services: we may sometimes include, as part of or ancillary to the profisse.com Service, access to specific functionality or other services provided by a third party (for example, a payment gateway).

(f) We do not exclude the application of laws that cannot be excluded: These terms of service (including the provisions above this clause 14) apply to the maximum extent permitted by law. Nothing in these terms of service is intended to exclude, restrict or modify rights you may have under any law, which cannot be excluded, restricted or modified by agreement. If these terms of service are governed by Brazilian Consumer Law, our liability to you for failure to comply with a consumer guarantee in relation to any services is limited to the re-supply of the services or payment in lieu of such re-supply.

(g) Beta functionality: We may, from time to time, make certain functionality of the profisse.com Service available to you in beta version (and such functionality will be marked as 'beta' or similar). We are still evaluating and testing this beta functionality and it may not be as reliable as our other parts of the profisse.com Service.

(h) End User Donations: The End User agrees that donations made to a User, through the profisse.com 'Support Me' link, are made voluntarily and without exchange for any good or service. The service for processing these payments is provided by a third party (see clause 15).

15. Third-party services

(a) No Endorsement of Third-Party Services: Unless we specifically state otherwise, we do not endorse (or make any warranties or representations with respect to) any third-party product or service, and your use of such third-party product or service may be subject to separate terms and conditions which you are responsible for reviewing and agreeing to.

(b) Terms and Conditions of Third-Party Services: You will comply with the terms and conditions that you have separately agreed to comply with or that we have made clear to you that you must comply with any third-party service that you use in conjunction with the profisse.com service.

(d) Account Suspension or Termination: If you do not agree to the third party's terms and conditions, we may suspend or cancel your user account or limit relevant functionality.

16. Our rights to suspend etc. and problem solving

(a) Our rights to suspend or terminate your account: If you fail to comply with any of these terms of service (in particular clauses 7 (Acceptable Use) and 9 (Intellectual Property), we may suspend or terminate your user account or limit the functionality of the profisse.com service to which you have access. Depending on what the non-compliance is, we may not use this right to suspend or cancel, but if there is repeated non-compliance with your account or a material non-compliance, this is likely to be the case. we will do.

(b) Your rights to approach us with any problems: If you have any problems with our decision under clause 16(a), the performance of the profisse.com Service, or anything else relating to these terms of service , please inform us by sending us an email to support@profisse.com (Problem Notice). Once we receive a Notice of Problem, you and we will use all reasonable efforts to resolve the problem in good faith. Neither of us will file any legal proceedings or take any formal or public action regarding the issue until we have spent at least 1 month from the date of the Notice of Issuance trying to resolve the issue in good faith.

17. General

(a) Entire Agreement: These terms of service (together with the Privacy Policy) represent the entire agreement between you and us regarding your use and access to the Site and your use and access to the profisse.com Service. No other terms shall be included in these terms of service except where required by any legislation. All implied terms, except those implied by statute and which cannot be expressly excluded, are expressly excluded.

(b) Severability: If any provision of these terms of service is invalid under the law of any jurisdiction, then the provision is enforceable in that jurisdiction to the extent that it is not invalid, and to the extent that it is not valid, then they will be severed from these Terms of Service and the remainder of these Terms of Service will continue to apply with such changes as are strictly necessary to reflect termination.

(d) No Waiver: Our failure to insist upon or enforce any provision of these Terms of Service will not be construed as a waiver of any provision or right.

(e) No Agency: Neither these terms nor the profisse.com Service create an agent/principal relationship between you and us.

18. Jurisdiction-Specific Terms

Laws may apply to you or us as a result of your specific location. If that is the case, and if those laws are inconsistent with any part of these terms, those laws will prevail to the extent of the inconsistency.