Terms of Service
Last Updated: 03 October 2024
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1. Your Agreement with Professionalize
1.1 Your use of Professionalize Services is governed by this agreement (the “Terms”). “Professionalize” refers to Cloudize Pty Ltd, located at Suite 163, 79 Longueville Road, Lane Cove, NSW, 2066, Australia, and its affiliates involved in providing the Professionalize Services. The “Services” encompass all services provided through this website, including the conversion service, add-ons, and any other associated software or services offered by Professionalize. The “User” is defined as yourself, the individual or company utilizing our Services.
1.2 Professionalize Apps or “Service” include publicly available online apps on professionalize.com, desktop, and mobile applications authored by us. By using the Services, you agree to the Terms. Professionalize will treat your continued use as acceptance of these Terms from that point onward.
1.3 You may not use the Services if prohibited by law in your jurisdiction or in Australia. You affirm that you are over 13 years of age, as the Services are not intended for children under 13.
1.4 Your purchases of the Services are not contingent on the delivery of any future features or functionalities, nor on any public statements made by Professionalize or its affiliates.
2. Your Account and Use of the Professionalize Services
2.1 Accurate registration information must be provided when creating an account. You are responsible for securing your password and notifying Professionalize if any unauthorized access to your account occurs.
2.2 Usage of the Services must adhere to all applicable laws and regulations, including data export laws.
2.3 You agree not to (a) access the administrative interface of the Services other than through the provided interface, unless permitted by Professionalize, or (b) engage in activities that interfere with the Services or related networks.
2.4 Professionalize allows you to review, correct, and delete personal information through the dashboard. Access may be limited if it is deemed unreasonably burdensome or as permitted by law.
2.5 Excessive or abusive requests to the Services may result in suspension or termination of access. Warnings will be provided prior to suspension.
2.6 Accessing the Services to pursue intellectual property infringement claims against Professionalize, or to create competitive products, is prohibited.
2.7 Professionalize ensures that personal information is processed in line with the purpose for which it was collected and takes reasonable measures to maintain its accuracy and reliability.
3. Service Policies and Privacy
3.1 You agree to comply with the Professionalize Acceptable Use Policy available at acceptable use policy, which may be updated periodically.
3.2 The Services are subject to our privacy policy. Use of your data is in accordance with Professionalize’s privacy policies.
3.3 You are responsible for protecting the privacy and legal rights of end users of your applications, including providing adequate privacy notices.
4. Fees for Use of the Service
4.1 The Services are provided free of charge up to certain usage limits. Exceeding these limits requires purchasing additional resources.
4.2 For purchased services, your credit card will be charged based on our payment policies. Taxes are your responsibility.
4.3 Professionalize reserves the right to adjust pricing structures. Notification of changes will be given at least 15 days before the start of the billing cycle.
5. Content on your Professionalize Account
5.1 You are solely responsible for the content you upload to the Services.
5.2 Professionalize may remove content that violates policies, and reserves the right to request its removal.
5.3 If you become aware of policy violations by end users, you must terminate their access to your application.
5.4 Professionalize is not liable for content deletion or failure to store content, and you are responsible for backing up your applications and data.
6. Security
6.1 Professionalize maintains security practices publicly available at security practices.
6.2 Administrative, physical, and technical safeguards protect user data and prevent unauthorized access, use, or disclosure.
7. Modification and Termination of the Service
7.1 Professionalize may modify the Services without prior notice. Changes to fees or payment policies will be notified 15 days before the billing cycle.
7.2 You may terminate these Terms at any time by canceling your account. No refunds will be provided for cancellations.
7.3 Professionalize reserves the right to terminate your account at its sole discretion.
8. General Legal Terms
8.1 The Terms constitute the entire agreement between you and Professionalize, replacing any prior agreements.
8.2 The Terms and your relationship with Professionalize are governed by the laws of the State of New South Wales, Australia.
8.3 There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership, or joint venture.
8.4 If Professionalize provides you with a translation of the English version of these Terms, the English version will control if there is any conflict.
8.5 Notices, including changes to the Terms, will be sent via email, regular mail, or postings on the Services. By providing Professionalize with your email, you consent to receive notices electronically.
8.6 If Professionalize does not enforce a right or remedy contained in the Terms, it does not constitute a waiver of that right or remedy.
8.7 Professionalize is not liable for failure or delay in performance due to conditions beyond its reasonable control, such as natural disasters, governmental action, labor conditions, or Internet disturbances.
8.8 You may not assign any of your rights or obligations under these Terms without prior written consent from Professionalize. Either party may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
8.9 If any provision of these Terms is found to be unenforceable, that provision will be limited to the minimum extent necessary so that the remaining provisions remain in full force and effect.
8.10 Both you and Professionalize agree to the jurisdiction of the courts of New South Wales, Australia, for any dispute or legal matter arising out of the Terms.
9. License from Professionalize and Restrictions
9.1 Professionalize grants you a limited, personal, non-exclusive, non-transferable license to use the Services provided, in compliance with these Terms. This license is for the sole purpose of enabling you to use and benefit from the Services as provided by Professionalize.
9.2 You may not (and may not permit anyone else to) (a) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services; (b) access or use the Services for any unlawful purposes or in violation of any applicable laws, including infringement on the intellectual property rights of others; or (c) use the Services to develop a competing product.
9.3 You may not sublicense, sell, or rent any Services, or modified versions of them, or offer any of the Services for download, distribution, or sale as a standalone product.
9.4 The name “Professionalize” and any associated trademarks, logos, and service marks must not be used to endorse or promote products derived from the Services without prior written permission. For written permission, contact sales@professionalize.com.
10. License from You
10.1 Professionalize does not claim ownership of your content or applications. You retain any rights you already hold in your content, and it is your responsibility to protect those rights.
10.2 By using the Services, you grant Professionalize a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, and distribute your content solely for the purpose of enabling Professionalize to provide the Services.
10.3 You may provide feedback, ideas, or suggestions to improve the Services (“Feedback”). By submitting Feedback, you agree that Professionalize is free to use it without any compensation to you, and to disclose it on a non-confidential basis.
10.4 You grant Professionalize the right to use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features for advertising and publicizing your use of the Services.
11. Exclusion of Warranties
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
11.2 PROFESSIONALIZE MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.3 Professionalize does not warrant that (a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, or (c) any results obtained from the use of the Services will be accurate or reliable.
12. Limitation of Liability
12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFESSIONALIZE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.
12.2 PROFESSIONALIZE’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PROFESSIONALIZE FOR THE SERVICES IN THE LAST SIX MONTHS.
13. Indemnification
13.1 You agree to indemnify, defend, and hold harmless Professionalize, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, losses, damages, or expenses (including legal fees) arising out of or relating to your use of the Services, violation of the Terms, or infringement of any third-party rights.
14. Copyright Policy
14.1 Professionalize respects the intellectual property rights of others and expects its users to do the same. You agree to comply with the Copyright Notice available at copyright notice, which may be updated periodically.
15. Modification and Termination of Terms
15.1 Professionalize reserves the right to modify these Terms at any time. Any modifications will be posted on the Professionalize website, and your continued use of the Services constitutes acceptance of the changes.
15.2 If you do not agree to any changes made to the Terms, you should discontinue use of the Services.
16. Governing Law and Dispute Resolution
16.1 These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law principles.
16.2 Any disputes arising from or relating to these Terms or the use of the Services shall be resolved exclusively in the courts located in New South Wales, Australia.
17. General Terms
17.1 Entire Agreement. These Terms, along with any additional policies or agreements referenced herein, constitute the entire agreement between you and Professionalize regarding the Services, superseding any prior agreements.
17.2 Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
17.3 Waiver. The failure of Professionalize to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
17.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Professionalize’s prior written consent. Any attempt by you to assign or transfer these Terms without consent will be null. Professionalize may assign or transfer these Terms without restriction.
17.5 Survival. Upon termination of these Terms, any provision that, by its nature or express terms should survive, will survive, including but not limited to provisions relating to payment obligations, confidentiality, disclaimers, indemnity, and limitations of liability.
17.6 Notices. Professionalize may provide notices to you via email, regular mail, or postings on the Services. It is your responsibility to keep your contact information up to date.
17.7 Force Majeure. Professionalize shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, labor conditions, governmental action, or Internet disturbances.
17.8 Relationship of the Parties. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
17.9 Feedback and Contact Information. If you have any questions or feedback about these Terms or the Services, please contact Professionalize at support@professionalize.com.
17.10 Language. Where Professionalize has provided a translation of the English version of these Terms, you agree that the translation is provided for your convenience only, and that the English language version will govern your relationship with Professionalize.
17.11 Headings. The headings of the sections in these Terms are for convenience only and have no legal or contractual effect.