[ENTITY TBD] placeholders. These will be filled once the entity name is confirmed and filed with the Florida Division of Corporations. This page is staging only.
These Terms of Service ("Terms") are a legally binding agreement between you ("Subscriber," "you," or "your") and ENTITY TBD, a Florida limited liability company ("Proactium," "we," "us," or "our"). By clicking "Start Free Trial," subscribing to the Service, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not subscribe or use the Service.
1. Description of Service
Proactium provides a cloud-based CRM and marketing automation platform designed for small businesses, including dental practices, HVAC companies, and roofing contractors (the "Service"). The Service is delivered on a software-as-a-service (SaaS) basis through the GoHighLevel platform under a white-label arrangement.
Core features include: automated lead response, appointment scheduling and reminders, review generation, recall automation, and CRM pipeline management.
2. Free Trial and Subscription
2.1 Free Trial
We offer a 14-day free trial. During the trial period you will have full access to the Service. Your payment method is collected at sign-up but will not be charged until the trial ends. If you cancel before the trial ends, you will not be charged.
2.2 Automatic Renewal — IMPORTANT
YOUR SUBSCRIPTION AUTOMATICALLY RENEWS. At the end of your free trial (and at the end of each billing period thereafter), your subscription will automatically renew and the payment method on file will be charged the applicable monthly fee, unless you cancel before the renewal date.
Subscription fees: Starter $97/month, Growth $297/month, Pro $497/month. Fees are billed monthly in advance.
2.3 Cancellation — Self-Service
You may cancel your subscription at any time, for any reason, through either of the following self-service methods:
- Email: Send a cancellation request to cancel@proactium.ai from the email address associated with your account.
- In-app: Navigate to Settings > Subscription > Cancel Subscription within your Proactium dashboard.
Cancellation takes effect at the end of the then-current billing period. You will retain access to the Service through that date. We do not charge cancellation fees. We do not provide prorated refunds for partial months, except where required by applicable law.
2.4 Refunds
All fees are non-refundable except: (a) as required by applicable law; or (b) if we are unable to deliver the Service for reasons within our control and you notify us within 5 business days. California subscribers: you may cancel within 3 business days of signing up and receive a full refund of any initial charges pursuant to the California Automatic Renewal Law (Cal. Bus. & Prof. Code §17600 et seq.).
3. California and State Auto-Renewal Disclosures
If you are a California resident, the following additional disclosures apply under the California Automatic Renewal Law (Business & Professions Code §§17600–17606):
- The subscription will automatically renew unless canceled before the renewal date.
- The cancellation policy and procedures are set forth in Section 2.3 above.
- The recurring charges will be charged to the payment method you provided at sign-up.
- The subscription may be canceled at any time as described in Section 2.3.
Similar automatic renewal disclosures apply to residents of other states with auto-renewal laws including but not limited to New York, Illinois, North Carolina, and Vermont.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in compliance with all applicable federal, state, and local laws, including:
- TCPA: You are solely responsible for ensuring that all SMS and voice communications sent through the Service comply with the Telephone Consumer Protection Act, including obtaining prior express written consent from recipients where required.
- CAN-SPAM Act: All commercial email messages sent through the Service must comply with the CAN-SPAM Act, including proper identification, no deceptive headers, and a functioning opt-out mechanism.
- State spam and marketing laws: You are responsible for compliance with all applicable state marketing and communications laws in jurisdictions where you conduct outreach.
- Healthcare privacy: If you use the Service in connection with patient health information, you are solely responsible for your HIPAA compliance obligations. We do not represent that the Service is HIPAA-compliant out of the box.
You may not use the Service to: send unsolicited bulk messages; transmit illegal content; impersonate any person or entity; or interfere with or disrupt the Service.
5. Data Processing and Privacy
Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. With respect to personal data you upload into the Service (e.g., your customers' contact information), you are the data controller and we are the data processor acting on your instructions.
We process Subscriber data in the United States. If you or your customers are located in the European Economic Area or California, please review our Privacy Policy for information about cross-border transfers and individual rights.
6. No Practice of Law
Proactium is a marketing automation and CRM platform. Nothing in the Service constitutes legal advice, legal services, or the practice of law. Subscribers who are law firms or legal professionals use the Service subject to their own professional ethics obligations. We make no representation that the Service satisfies any particular bar or ethics rule requirements.
7. Intellectual Property
We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription term. You retain ownership of all data you upload to the Service ("Subscriber Data"). We may use aggregated, anonymized usage data to improve the Service. We do not sell your Subscriber Data to third parties.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROACTIUM'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $500. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida without regard to conflict-of-law principles. Any dispute arising under these Terms that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Miami-Dade County, Florida, on an individual basis. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION.
11. Changes to These Terms
We may update these Terms at any time. We will notify you by email or in-app notice at least 30 days before material changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
12. Contact
Questions about these Terms? Contact us at legal@proactium.ai or write to: ENTITY TBD, ADDRESS TBD, Florida.