Website Terms of Use
Last Updated: [TBD]
1. Acceptance of Terms
These Website Terms of Use (these “Terms”) govern access to and use of the public websites, webpages, online materials, and related online features made available by Protobi Inc. (“Protobi,” “we,” “us,” or “our”), including protobi.com (collectively, the “Website”). By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.
If you or your organization uses Protobi’s paid platform, client portal, questionnaires, professional services, or other contracted services, those services are governed by the applicable master services agreement, order form, statement of work, data protection addendum, or other written agreement between Protobi and the applicable customer. In the event of a conflict, the applicable written agreement controls for those contracted services.
2. Website Content
The Website and the information available through it are provided for general informational and business purposes only. Website content does not constitute professional, legal, medical, regulatory, security, or other specialized advice, and Protobi does not guarantee that any Website content is complete, accurate, or current.
Protobi may update, remove, suspend, or discontinue any Website content or feature at any time without notice.
3. Eligibility and Acceptable Use
You may use the Website only for lawful business or informational purposes and only in accordance with these Terms. You are responsible for complying with all laws applicable to your use of the Website.
You may not: (a) interfere with or disrupt the Website; (b) attempt to gain unauthorized access to any system, account, data, or network; (c) probe, scan, or test the vulnerability of any Protobi system without written authorization; (d) use bots, scrapers, crawlers, or other automated means to access the Website except as permitted by robots.txt or written authorization; (e) upload malicious code; (f) copy, frame, mirror, or commercially exploit the Website without permission; (g) misrepresent your identity or affiliation; or (h) use the Website in a manner that violates law, infringes rights, or harms Protobi, its customers, or any third party.
4. Accounts, Portals, Demos, and Trials
If Protobi provides access to a demo, trial, client portal, workspace, questionnaire, or other non-public feature, you must use that feature only as authorized by Protobi and any applicable written agreement. You are responsible for maintaining the confidentiality of credentials issued to you and for all activity under your account.
Unless expressly authorized in a written agreement with Protobi, you may not submit sensitive or regulated data through public Website forms or unauthenticated Website features. This includes but is not limited to protected health information, education records, special-category personal data, children’s data, government identifiers, full payment-card data, credentials, authentication tokens, or similar high-risk information.
5. Submissions and Feedback
If you submit messages, inquiries, requests, feedback, suggestions, materials, or other information through the Website (“Submissions”), you grant Protobi a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, and disclose the Submissions as reasonably necessary to respond to you, operate the Website, provide information about Protobi, protect Protobi’s rights, comply with law, and improve Protobi’s products and services.
Do not submit confidential, proprietary, sensitive, or regulated information through the Website unless Protobi has expressly agreed in writing to receive it. Any feedback, suggestions, or ideas you provide may be used by Protobi without restriction or compensation, provided Protobi does not disclose your confidential information in violation of a separate written agreement.
6. Intellectual Property
The Website, including its text, graphics, logos, trade names, trademarks, service marks, software, user interfaces, workflows, documentation, and other materials, is owned by Protobi or its licensors and is protected by intellectual property and other laws.
Subject to these Terms, Protobi grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Website for lawful informational purposes. No other rights are granted by implication, estoppel, or otherwise.
7. Third-Party Websites and Materials
The Website may include links to third-party websites, services, or materials. Protobi does not control and is not responsible for third-party websites, services, materials, privacy practices, or terms. Accessing third-party resources is at your own risk.
8. Privacy
Protobi’s collection and use of personal information through the Website is described in Protobi’s Privacy Policy, available at [Privacy Policy URL]. If you submit information on behalf of an organization, you represent that you have authority to do so and that your submission complies with applicable law.
9. Separate Customer Data and Services
Customer data, questionnaire responses, project materials, and other data submitted to or processed through Protobi’s contracted services are governed by the applicable written agreement with Protobi, including any applicable data protection addendum. These Terms do not create any service-level commitment, support obligation, data-processing obligation, business-continuity obligation, or regulated-data commitment for contracted services.
10. Disclaimers
The Website is provided “as is” and “as available.” To the maximum extent permitted by law, Protobi disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted or error-free operation.
11. Limitation of Liability
To the maximum extent permitted by law, Protobi and its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, business interruption, loss of goodwill, loss of data, or security-related losses arising from or relating to the Website or these Terms.
To the maximum extent permitted by law, Protobi’s total liability arising from or relating to the Website or these Terms will not exceed one hundred (100) U.S. dollars or the amount you paid Protobi, if any, specifically for access to the Website feature giving rise to the claim, whichever is greater.
12. Indemnification
You will defend, indemnify, and hold harmless Protobi and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Website, your Submissions, your violation of these Terms, your violation of law, or your infringement or misappropriation of any third-party rights.
13. Suspension and Termination
Protobi may suspend or terminate your access to the Website at any time if Protobi reasonably believes that you have violated these Terms, created risk or potential legal exposure, interfered with the Website, or used the Website in a manner harmful to Protobi, its customers, or any third party.
14. Changes to These Terms
Protobi may update these Terms from time to time by posting an updated version on the Website or by providing other notice. The updated Terms will be effective when posted or as otherwise stated in the notice. Your continued use of the Website after the effective date of updated Terms constitutes acceptance of the updated Terms.
15. Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. Subject to any mandatory law to the contrary, the state and federal courts located in Massachusetts will have exclusive jurisdiction over disputes arising from or relating to the Website or these Terms, and you consent to jurisdiction and venue in those courts.
16. General Terms
These Terms, together with any policies or notices incorporated by reference, are the entire agreement between you and Protobi regarding the Website. If any provision is unenforceable, the remaining provisions will remain in effect. Protobi’s failure to enforce a provision is not a waiver. You may not assign these Terms without Protobi’s prior written consent. Protobi may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
Questions about these Terms may be sent to: [legal notice email/address].
