These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the Progressier.com website and application (the "Service") operated by Scriby, Inc., a Delaware Corporation ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you turn off the auto-renewal function ("Auto Renewal") or unless we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
In the event of a payment failure, our system will automatically attempt to process the charge again several times over the ensuing weeks. You will be notified via email each time a payment attempt is unsuccessful. Should all retry attempts fail, your subscription will be canceled. Please note, in cases of recurrent payment failures, additional measures may be taken, including but not limited to, cancellation of your subscription, limited access to certain billing plans or frequencies, a prohibition on your domain's use of our service, or the immediate display of a warning in the body of your app.
Free Trial
We may, at our sole discretion, offer a Subscription with a Free Trial for a limited period of time ("Free Trial").
On the last day of the Free Trial period, unless you cancelled your Subscription or turned off Auto-Renewal, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
If automatic billing fails at the end of your Free Trial, your subscription will be canceled immediately.
If your purchase a subscription during the Free Trial, you trial period will end immediately.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Script
Some parts of the Service may require you to embed code snippets hosted on this website ("Script") in the source code of one or several websites or applications hosted on domains that you own ("Site" or "Sites").
If your Subscription is cancelled for any reason, you must promptly remove the Script from your Sites before your Subscription expires. You may not, under any circumstances, continue accessing, utilizing, or loading the Script without a valid Subscription.
In the event of unauthorized use of the Script, which includes but is not limited to:
- Use without a Valid Subscription: Using the Script without a valid and current Subscription.
- Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or derive the source code of the Script without our explicit permission.
- Unauthorized Access: Accessing or using the Script or related services in any unauthorized manner, including using automated scripts, bots, or other automated methods without our express consent.
If you fail to remove the Script from your Sites before your Subscription is cancelled or engage in unauthorized use of the Script, we reserve the right, at our sole discretion, to take appropriate action, which may include:
- Displaying a warning in the body of your Sites
- Banning the domain associated with the unauthorized use from accessing our services.
- Restricting access to certain billing plans or frequencies.
- Invoicing you for unpaid use with or without additional penalties.
We will determine, at our sole discretion, what constitutes unauthorized use and the appropriate response to such use.
API
As part of our Service, we offer Application Programming Interfaces (APIs). Access to and use of our APIs requires a valid and active Subscription.
We implement rate limiting on our APIs to ensure optimal service performance and equitable access for all users. Exceeding these rate limits may result in temporary or permanent suspension of API access.
Users are expected to use the APIs responsibly and in compliance with these Terms, including not attempting to circumvent rate limiting or security features. Any misuse of the API may result in suspension or termination of your access to the APIs and, in certain cases, legal action.
The APIs are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. Use of the APIs is at your own risk. We are not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the APIs.
Fee Changes
Fees may automatically change based on your usage, including but not limited to, embedding the Script in more Sites.
We, in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Customers based in the European Union have a right of withdrawal of 14 days starting from the date of purchase of digital goods.
Intended Use
Our software is intended for business users only. By using our software, you represent and warrant that you are using it for business purposes only and not for personal, individual, or household use. If we determine that you are using our software for personal, individual, or household purposes, we reserve the right to terminate your use of the software and your account, and you will not be entitled to a refund of any fees paid.
If you are located in the European Union (EU) or the United Kingdom (UK), you acknowledge that you may be liable for VAT under the reverse charge mechanism. The reverse charge mechanism requires the recipient of goods or services, rather than the supplier, to account for VAT on the transaction. As a business user, it is your responsibility to comply with any VAT obligations, including registering for VAT and accounting for VAT under the reverse charge mechanism, as required by applicable law. You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your failure to comply with your VAT obligations.
Content
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) 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, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account and Subscription immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall the company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the Republic of China (Taiwan), without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at terms@progressier.com