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Terms and Conditions
General Terms and Conditions of Use
Last updated: 7 August 2026
1. Preamble
Proofbox (hereinafter referred to as "Proofbox", the "Website" or the "Platform") is a product of Proofbox GmbH (hereinafter referred to as "Proofbox", "we", "us" or "our"). These Terms and Conditions (hereinafter referred to as the "Terms", "Terms of Use", "Agreement", or "Conditions") as well as all associated agreements and usage-related rules always refer to Proofbox. Whenever Proofbox or any synonym thereof is mentioned, this may also refer to employees, directors, owners, and affiliated entities, if such an interpretation makes sense in context.
These Terms govern the use of services and access to all websites, services, products, and content operated or provided by Proofbox by third parties ("users", "you", "your", "customers", or "third parties"), including external third parties involved or connected in any way. These may include natural persons or legal entities that use Proofbox products and/or services for a fee, as well as website visitors or others who interact with Proofbox services. Users, customers, and/or visitors of our website may be referred to as "you" throughout these Terms. This also includes all services related to uploading documents to the Proofbox archive, their electronic signature, document uploads and downloads, viewing, delivery, confirmation, and the limited storage of electronic documents.
You may use our website or services as a visitor (without having your own account), or as an individual/private person or business/organization using our services through a registered user account, including paid services.
Please note that these Terms of Use may be updated by Proofbox at any time. We will notify you of changes by publishing the new Terms and updating the effective date. It is your responsibility to stay informed of the latest version, and we strongly encourage you to regularly check for updates and read the Terms carefully. If you do not agree with the changes, you may no longer use any of Proofbox's services after such changes take effect. New Terms always replace all prior versions. By continuing to use Proofbox after any changes to the Terms or policies, you indicate your acceptance and express agreement to them.
Our Privacy Policy provides all relevant information about the collection and use of your data, including data you disclose or transmit when using services, functions, and features provided by Proofbox. By using Proofbox, you also agree to the Data Processing Agreement, including the EU Standard Contractual Clauses for the processing and transfer of customer and personal data by Proofbox to external data processors on your behalf.
You further agree that all communication between you and us regarding your use of Proofbox shall take place electronically. You consent to receiving all notices electronically, which satisfies legal requirements for written communication. You agree to keep your contact information up to date and to verify it regularly.
By using the Website and/or any Proofbox service, you fully and unconditionally agree to these Terms and Conditions of Use, our Privacy Policy, and any additional applicable conditions. You agree to be legally bound by these Terms. If you do not agree, you are not permitted to use Proofbox.
If you are accepting these Terms (including the Privacy Policy, the Withdrawal and Refund Policy, the Disclaimer, etc.) on behalf of a third party, organization, or company, you also confirm your authorization to act on behalf of that entity. If you are not authorized to do so, you may not use the services of Proofbox and may not register for the services of Proofbox with an account on the website.
IMPORTANT – ARBITRATION: These Terms contain, in section 10, an arbitration agreement for disputes arising from the use of the Proofbox services. This arbitration agreement applies exclusively in relation to businesses. It does not apply to consumers; consumers always have recourse to the ordinary courts. Please read section 10 carefully, as it concerns your rights in the event of a dispute.
1.1. Privacy Policy and Disclaimer
These Terms are supplemented by our Privacy Policy and Disclaimer. These documents contain further important legal and usage-related information, especially regarding the use of our platform and the content made available through it. Please read these documents carefully, as they contain critical guidance on indemnification, liability, usage of the products, and their legal recognition.
1.2. Scope of Application
These Terms apply to all activities and services provided by Proofbox to new and existing customers, unless a separate written agreement excluding these Terms or parts thereof is made. They govern the use of services and products provided by Proofbox. These Terms apply to all contracts between Proofbox and its customers for services offered via the platform, which are concluded through the user's order and the platform's acceptance. Deviations are valid only if confirmed in writing. The platform is specifically designed to enable the publication and provision of documents, the use of software-as-a-service (SaaS) offerings, and related services or referrals to third-party providers.
2. Usage and Access Rights
2.1. Right to Use the Services
To access and use Proofbox's services, a user (administrator or authorized user) must accept these Terms, create a user account ("account"), submit all required documents for authentication, provide payment information, and complete registration. The information provided must be complete, correct, and up to date and is subject to Proofbox's Privacy Policy. It is the customer's responsibility to regularly verify and update their information to ensure Proofbox can send notices, information, and declarations via email.
The customer must ensure that all login credentials, usernames, passwords, and credentials provided by Proofbox are kept strictly confidential, not shared with unauthorized persons, and protected from third-party access. If an authorized person (employee or other) is no longer entitled to access the account or services, the customer must immediately revoke that person's access. The customer is responsible for all actions taken using their credentials, accounts, or by authorized third parties. If the customer detects or suspects any unauthorized use or security breach, they must notify Proofbox immediately. Accounts may not be shared and must always be assigned to a specific individual. You may only use Proofbox services if you are legally competent, over 18 years of age, not a competitor or market participant of Proofbox, and capable of agreeing to these Terms. Planning or intending to develop or offer similar services also constitutes competition. If you (as an individual) are agreeing to these Terms on behalf of a legal entity or organization and/or creating an account, you represent that you have the authority to bind such entity to these Terms and to the paid services.
Using the platform requires registration of a user account. The user agrees to provide truthful and complete information. Access to certain features or services may be subject to verification of the information provided. The platform may only be used for lawful purposes. Users agree not to upload or distribute content that violates applicable law, third-party rights, public morals, or these Terms.
2.2. Authorized Users
An "authorized user" is an individual registered by the customer (for example, an employee, contractor, or representative of the customer) who is authorized by the customer to use Proofbox services in accordance with these Terms. Each authorized user must be identifiable through a unique email address, and an authorized user may not be shared by multiple individuals. The customer is responsible for the actions of its authorized users and must ensure that they are aware of and comply with all applicable terms, agreements, and rules. The customer must also ensure that all users registered by them use Proofbox services solely for the purpose of fulfilling and supporting the customer's internal business objectives.
2.3. Usage and Access Rights
Use of and access to Proofbox services by the customer or any Authorized Users is only permitted under the following restrictions (conditions).
The customer and its Authorized Users may not:
- rent, copy, resell, sublicense, share, or otherwise grant third parties access to Proofbox services, products, or software-specific content (e.g., code);
- publish or disclose any confidential information about Proofbox or its services, whether marked as confidential or understood as such;
- violate local laws while using the services;
- infringe the rights of third parties;
- breach ethical standards, public morals, or common decency;
- impersonate another individual or operate an account illegally;
- integrate Proofbox services into other products or websites unless such websites/products meet Proofbox standards or do not conflict with these Terms, and are owned by the customer;
- copy, duplicate, replicate, or utilize the ideas behind Proofbox's products, services, or code to build a competing product;
- tamper with Proofbox services, bypass steps, or compromise functionality through fraud or criminal behavior;
- use Proofbox services for pyramid schemes, SPAM, or other controversial activities;
- distribute viruses or other harmful software through or into Proofbox's systems;
- deliberately disrupt or impair the systems or servers of Proofbox;
- use the services for illegal or criminal purposes or in violation of these Terms.
2.4. Additional Usage Restrictions and Customer Obligations
By using Proofbox's services, the customer agrees to the following provisions and clarifications:
Proofbox provides the service of issuing electronic documents. Its purpose is to create verifiable prior art for innovations, inventions, and ideas through technical disclosures or descriptions. Due to the nature of this service, it may be misused to electronically sign other documents, such as contracts or agreements.
Proofbox is never a party to any electronic document or agreement processed through its services, and provides no warranties or representations as to the suitability of its services for any specific purpose or the legal validity of the intended transaction.
The customer is solely responsible for the content, quality, and format of all electronic documents processed through Proofbox.
The customer understands that not all documents, contracts, or agreements can be legally signed with electronic signatures, or that specific legal requirements may apply. Proofbox is not responsible for verifying such legal requirements and disclaims all related warranties. It is solely the customer's responsibility to determine whether digital signatures, particularly those offered by Proofbox, are legally suitable for the intended purpose.
The customer is also solely responsible for compliance with consumer protection laws during use and must ensure such compliance. Proofbox provides no guarantees in this regard.
2.5. Content Availability
Proofbox does not guarantee constant availability of content or services and reserves the right to expand, reduce, modify, or discontinue them at any time.
3. Service Processing
3.1. Contractual Relationship and Structure
A contract between the platform (Proofbox) and the user is concluded when the user requests a service, accepts a directly offered service, or purchases a SaaS service from the platform. Verbal, written, email-based, or direct purchases are all valid orders. Proofbox accepts orders by sending an order confirmation, invoice (full or partial), or confirmation of payment. For new users, prepayment may be required.
The platform is operated by Proofbox GmbH; this company alone is the user's contracting party. It is named in the penultimate section of these Terms. Payment processing and invoicing are handled via an external payment service provider (section 3.7), which calculates the applicable taxes based on the user's place of residence. These Terms apply uniformly across all regions, with regional legal requirements to be observed by the respective user.
3.2. Subject Matter and Scope of Services
The platform provides services in the areas of document publication and signing, provision of archives and archived documents, downloads of archived documents, creation of technical records, and/or consulting related to establishing prior art. In addition, a service for the preparation of technical documents or records (hereinafter also referred to as the "Writing Service", "Ghostwriting Service" or "Editorial Service") may be offered on the platform. This service is provided exclusively in an automated, AI-based manner; the details are set out in section 3.5. The user is solely responsible for the content of the documents and services created using these services. The platform assumes no liability for the accuracy, completeness or legal effectiveness of such services.
Any services related to the mediation of an editorial service may be provided either by the platform itself or by third parties. The platform is entitled to engage third parties to perform such services and to charge the associated costs to the user. In such cases, the platform has selected the third parties with due care but is neither able nor responsible to supervise the performance of their services.
3.3. Internet Publication for Establishing Prior Art (Upload Service)
The Upload Service allows users to upload documents in PDF format to the Proofbox platform. During the upload process, metadata such as the document title must be provided. After payment of the applicable publication fee, the document is processed by Proofbox in an automated manner. A general title page is added, an SEO-optimized abstract is automatically generated using artificial intelligence (LLM), an eIDAS-compliant digital timestamp is applied, and the abstract together with the metadata is published as a post identifiable by a unique URL within the Proofbox archive. In addition, a persistent DOI is assigned to each publication via the Crossref infrastructure; registration with the DOI registry may take place after the publication in the archive. The complete PDF is not publicly accessible and can only be downloaded by third parties upon payment of a convenience fee.
The entire process, from upload to publication, is automated. No editorial or expert review of the content takes place. In particular, Proofbox does not assess the legality of the content, its decency, the infringement of third-party rights or the admissibility of any personal data it contains. Nor is there any assessment of novelty, inventive step, enablement or protectability. The automated abuse screening described below remains unaffected; it does not constitute a review of content, an expert review or a legal review within the meaning of this paragraph.
Proofbox operates an automated, AI-supported abuse screening. It examines uploaded documents for indications of unlawful content or content contrary to public decency, and for indications of personal data whose publication may be inadmissible. The screening serves solely to protect the platform, Proofbox and third parties. Where it produces an indication, the document is flagged and publication is suspended pending internal inspection. Flagged documents are inspected by a person at Proofbox before any rejection, to the extent necessary for the assessment.
The abuse screening is based on artificial intelligence and may be erroneous. It may leave violations undetected and may wrongly flag permissible content. It is neither complete nor conclusive and does not replace a legal assessment. Proofbox warrants neither the performance of the screening nor any particular result, is not obliged to carry it out, and may modify, suspend or discontinue it at any time. No claims against Proofbox arise from the performance, the omission, the result or an error of this screening; liability in this respect is excluded to the extent permitted by law. Section 4.11 remains unaffected.
The user's responsibility under this section 3.3 and under section 3.3.1 remains unaffected by the abuse screening and does not pass to Proofbox. The user may not rely on a violation being detected. If the internal inspection shows that no violation exists, the publication is carried out. If, however, publication is withheld because the content contradicts the user's warranties under section 3.3.1, this is due to circumstances on the user's side. In that case Proofbox retains the claim to the agreed fee (§ 1168(1) of the Austrian Civil Code); the steps owed up to and including processing, screening and internal inspection have been performed. Expenses saved are credited. No particular processing time is warranted for flagging and internal inspection; publication may be delayed as a result.
In regular operation, no human being inspects submitted documents. Exceptions are limited to the internal inspection of flagged documents, remedying technical faults and complying with legal or official obligations; such access is logged.
By uploading a file, the user expressly declares that they are authorized to perform the upload, that the content does not infringe upon any third-party rights, and that it complies with all applicable laws and regulations. The user assumes full legal responsibility for the content, its publication, and any resulting consequences.
The user irrevocably agrees to indemnify and hold Proofbox, its shareholders, officers, employees, agents, representatives, affiliates, and contractors harmless from and against any and all third-party claims, administrative actions, regulatory proceedings, or legal actions arising from or related to the upload, automated processing, or publication of the document. This includes, but is not limited to, claims related to the infringement of copyright, trademark, design, data protection, personality, competition, or other intellectual property rights; claims arising from indecent, discriminatory, defamatory, obscene, violent, or otherwise unlawful or offensive content; breaches of confidentiality, employment, or secrecy obligations; or the unauthorized disclosure of personal data.
The user further assumes full liability for all economic and non-economic damages, including lost profits, reputational damage, administrative fines, and legal defense costs (including reasonable attorney and court fees) incurred by Proofbox in connection with the publication.
3.3.1. Liability and Indemnification Statement for the Upload Service
Before proceeding with a publication under the Upload Service, the user is required to activate a checkbox in order to continue with the purchase. The checkbox is accompanied by a notice referring to the Liability and Indemnification Statement. The full version of this statement is provided as follows:
By checking the box during the purchase or use of the Upload Service, I hereby declare that I have fully read, understood, and accepted the following Liability and Indemnification Statement. By ticking the checkbox, I acknowledge this statement as legally binding and as an integral part of the contract concluded between myself and Proofbox.
I confirm that I am fully authorized to upload and publish the document (hereinafter referred to as the "Disclosure") and that its content does not infringe upon any third-party rights or violate any applicable laws or regulations. The upload is made either in my own name or on behalf and at the risk of a legal entity I represent. I assume sole legal responsibility for the content, its publication, and all legal, economic, or other consequences arising therefrom. I expressly acknowledge that the publication of the Disclosure on Proofbox is automated and carried out without editorial or expert review of the content. I am likewise aware that Proofbox operates an automated, AI-supported abuse screening pursuant to section 3.3, that this screening may be erroneous, that it does not constitute a review of content or a legal review, and that it does not relieve me of my responsibility under this declaration. I do not rely on a violation being detected by this screening.
I warrant that the uploaded content does not violate any applicable laws or legal provisions, in particular the laws against unfair competition, copyright, trademark, design, data protection, or personality rights, and that it does not unlawfully disclose trade or business secrets or confidential or employment-related information. I further confirm that the content is not immoral, harmful to minors, discriminatory, defamatory, violent, pornographic, hateful, or otherwise unlawful or criminal, and that it does not contain any personal data whose publication is not legally permissible.
I expressly acknowledge that Proofbox assumes no responsibility or liability for the content, publication, or any resulting legal, economic, or factual consequences, in particular in cases involving violations of statutory provisions or third-party rights. I hereby irrevocably agree to indemnify and hold Proofbox, its shareholders, officers, employees, agents, representatives, and affiliated entities harmless from and against any and all third-party claims, administrative actions, or legal proceedings arising from or related to the upload, automated processing, or publication of the Disclosure. This includes, but is not limited to, claims based on the infringement of copyright, trademark, design, data protection, personality, competition, or other protective rights, as well as claims based on unlawful or indecent content or the unauthorized publication of personal data.
I acknowledge that I am fully liable for all economic and non-economic damages, including lost profits, reputational harm, administrative penalties, and costs of legal defense (including reasonable attorneys' and court fees) incurred by Proofbox as a result of my publication or of Proofbox's defense against related claims. By checking the box, I confirm that I have fully read, understood, and accepted this Liability and Indemnification Statement and acknowledge it as legally binding.
3.3.2. Notice of Rights Infringement and Content Removal
Proofbox takes seriously any reports of potential violations of third-party rights by content published on the platform. Persons who believe that a published document infringes their copyright or other protected rights may submit a report to hello@proofbox.co. The report must include: (1) a clear identification of the contested content (e.g., the URL of the document), (2) a description of the right alleged to be infringed and a statement of the basis for asserting such right, (3) the full contact details of the reporting person or organization, and (4) a declaration that the information provided is accurate and made in good faith.
Proofbox reserves the right to remove or block access to content that demonstrably or with sufficient likelihood infringes third-party rights, at its sole discretion and without prior notice. No right to continued access to any content or to the reinstatement of removed content exists. Proofbox is not obligated to review uploaded content for rights infringements prior to publication; the automated abuse screening pursuant to section 3.3 remains unaffected by this and does not create any such obligation to review. Where Proofbox obtains actual knowledge of unlawful content, access to it is blocked or the content is removed without undue delay.
The uploading user whose content was removed on the basis of a report may submit a counter-notice with appropriate evidence of their authorization to hello@proofbox.co within 14 days. Proofbox will review the counter-notice and decide, at its sole discretion, whether to reinstate the content. This process does not establish any legal right and does not substitute for legal proceedings.
3.4. Provision of Prior Art Documents by Download from the Proofbox Archive (Download Service)
Through the Download Service, users may download documents from the Proofbox archive upon payment of a convenience fee. This convenience fee does not constitute payment for the acquisition of the document itself, but rather a service fee for the services rendered by Proofbox, in particular the automated metadata generation, archiving, and provision of the document on the platform. Proofbox provides these documents solely for access purposes and does not perform any substantive or legal review of their content.
Proofbox assumes no responsibility or liability for the accuracy, completeness, timeliness, legality, or suitability of any downloaded documents. The user bears sole responsibility for how the downloaded materials are used, processed, reproduced, or otherwise applied.
By accessing a Document through the Download Service, the user is granted a non-exclusive, non-transferable, perpetual license to use the Document. The complete terms are set out in the Usage License Agreement at https://proofbox.co/legal/usage-license. The user may use all knowledge, concepts, methods, and ideas contained in the Document for any purpose, including commercial applications. The Document itself may not, however, be resold, redistributed, or publicly shared. Removing or circumventing the eIDAS seal or other security features is prohibited.
Violations of this usage and exploitation restriction may result in civil and criminal liability, including but not limited to claims for injunctions, damages, and disgorgement of profits. Proofbox reserves the right to take appropriate legal action upon becoming aware of any misuse.
The user irrevocably agrees to indemnify and hold Proofbox, its shareholders, officers, employees, agents, representatives, affiliates, and contractors harmless from and against any and all third-party claims, administrative actions, or legal proceedings arising from or related to the use or reuse of the downloaded materials. This includes, but is not limited to, claims based on the infringement of copyright, trademark, design, data protection, competition, confidentiality, or personality rights, as well as claims relating to indecent, discriminatory, obscene, harmful, or otherwise unlawful content.
The user expressly agrees that Proofbox shall not be liable for any damages, losses, or disadvantages of any kind incurred by the user or third parties as a result of downloading, using, or sharing documents, regardless of the legal basis.
The Proofbox archive contains two types of documents, labeled accordingly on their respective archive pages: Defensive Publications and Open Access documents. For both document types, the convenience fee charged represents exclusively a service fee for the services rendered by Proofbox — namely automated metadata generation, archiving, and provision through the platform — and not a purchase price for the document itself. Defensive Publications are exclusively accessible through the Proofbox archive; the DOI refers to the archive entry and access to the full document is provided upon payment of the convenience fee. Open Access documents are licensed under Creative Commons (CC BY) and are freely accessible via their respective DOI and other public sources; Proofbox charges the same convenience fee for making them available on the platform. The usage restrictions of the Usage License Agreement do not apply to Open Access documents; the applicable CC BY license of the original document governs exclusively.
3.4.1. Grant of License
By accessing a Document through the Download Service, you are granted a non-exclusive, non-transferable, perpetual license to use the Document subject to the Usage License Agreement available at https://proofbox.co/legal/usage-license.
Key Permissions: You may use all knowledge, concepts, methods, and ideas contained in the Document for any purpose, including commercial applications. You may cite and reference the Document in your own works with proper attribution. You may implement technologies and develop products based on the Document's content.
Key Restrictions: You may not resell, redistribute, or publicly share the Document itself. You may not remove or circumvent the eIDAS seal or security features. You may not create modified versions of the Document for distribution.
For complete terms, see the Usage License Agreement at https://proofbox.co/legal/usage-license.
3.5. Creation of Technical Documentation (Writing Service)
Proofbox offers the creation of technical records, descriptions and/or documentation. This service is performed exclusively and automatically by AI systems. No editorial review, no specialist assessment and no human inspection of the created texts takes place on the part of Proofbox.
The user is obliged to review the result themselves, in substance, before publishing or otherwise using it. This review by the user is the only substantive check in the entire process.
Proofbox does not conduct any legal, substantive, or technical review of the created documents. The Writing Service is provided solely to support the documentation of technical subject matter. Proofbox gives no guarantee or warranty regarding the accuracy, completeness, legal validity, protectability, novelty, inventive step, or any other legal or technical characteristics of the created texts.
The user expressly acknowledges that they are solely responsible for the substantive, legal, and practical use of any documents created through the Writing Service. Proofbox assumes no liability for any damages arising from the use, publication, or exploitation of such documents.
The user irrevocably agrees to indemnify and hold Proofbox, its shareholders, officers, employees, agents, representatives, affiliates, and contractors harmless from and against any and all third-party claims, administrative actions, or legal proceedings arising from or related to the creation, content, or use of such documents. This includes, without limitation, claims based on inaccurate, incomplete, or misleading content; infringement of copyright, patent, trademark, design, data protection, confidentiality, or personality rights; inaccurate technical representations; or any form of legal non-compliance.
Proofbox shall not be liable for any economic, immaterial, or other damages, including indirect or consequential damages, lost profits, reputational harm, or administrative penalties resulting from the use of documents created by Proofbox, third parties, or AI systems.
3.6. Proof of Existence for Files (PoE Service)
The PoE Service (Proof of Existence, hereinafter also referred to as the Existence Proof Service) allows users to document the existence and integrity of a file at a specific point in time using a qualified electronic seal in accordance with Regulation (EU) No 910/2014 (eIDAS Regulation). The service is intended in particular for users who wish to document the temporal priority of a work, a technical solution, source code, a concept, or any other file asset, without publicly disclosing its content. A typical use case is the protection of software source code: the user can create a compressed archive (e.g. a ZIP file) of a code repository, submit this archive via the PoE Service, and subsequently store the sealed file back in the original repository. The qualified electronic seal serves as a tamper-proof record demonstrating that the respective file existed in its exact form at the time of submission.
Technical processing within the PoE Service is fully automated: the submitted file or archive is affixed with a qualified electronic seal which is issued to Proofbox GmbH and rests on a qualified certificate from a qualified trust service provider (QTSP) under the eIDAS Regulation. The seal creates an immutable, cryptographically secured record of time and evidences the integrity of the file from the moment of submission. No disclosure of the content to third parties and no review of the content by Proofbox takes place; Proofbox processes the submitted file solely for the purpose of affixing the seal.
Proofbox provides the PoE Service as a purely technical service and does not perform any content-related, legal, or technical review of submitted files. In particular, Proofbox makes no warranty that the PoE record will be recognised as evidence in any specific legal or administrative proceedings, or that it is suitable for the user's intended purpose. The legal admissibility of the PoE record depends on the applicable national procedural and evidentiary rules. It is the sole responsibility of the user to assess the suitability of the PoE Service for their specific use case and to obtain relevant legal advice.
The user expressly declares that they are fully authorised to submit the respective file and that the contents of the submitted file do not infringe the rights of third parties or violate any applicable laws. Proofbox bears no liability whatsoever for the content of submitted files. The user irrevocably undertakes to indemnify and hold harmless Proofbox, its shareholders, officers, employees, agents, vicarious agents, and affiliated companies from and against all third-party claims, regulatory measures, or legal proceedings arising in connection with the submission, processing, storage, or use of files submitted under the PoE Service or the resulting record. Proofbox shall furthermore not be liable for any economic, immaterial, or other damages, including indirect or consequential damages, lost profits, or reputational harm, arising from the use of or inability to use the PoE Service or the resulting record.
3.7. Payment Processing
Prices are defined in the contract or at the time of direct purchase and are subject to applicable VAT, which may be listed separately. Depending on the agreement, full or partial payment may be required upfront or after service completion. Payment is processed via a third-party provider (Stripe) who calculates applicable taxes and issues invoices. Payment data is processed and securely stored as tokens by this provider. Proofbox itself does not store payment data and is not liable for technical issues related to payment processing. Stripe is currently used for this purpose.
3.8. Service Delivery
Services are to be delivered within the time specified in the contract or, in the case of direct purchase, within the stated timeframe. Partial delivery is permitted. The user must accept the services. Third-party providers may be used for delivery. Services may only be rendered after receipt of payment. The platform is not responsible for third-party delivery failures. Users are referred to the respective terms of such providers.
3.9. Third-Party Products and Content
Proofbox may provide or facilitate links to third-party websites, services, or resources on its website or within its own services, or may integrate third-party services into the services and offerings of Proofbox, which are beyond the control of Proofbox. The platform uses, for example, the external payment processor Stripe, the external provider of qualified electronic seals and timestamps Sign8, and/or LLMs such as the language model provided by OpenAI.
Proofbox is not responsible for third-party products or content and disclaims any and all warranties regarding the quality, suitability, legality, or functionality of such third-party products, content, or services. The user acknowledges this and expressly waives any related claims against Proofbox. The user agrees that Proofbox shall not be liable for any damages, losses, or disadvantages of any kind arising from the use, inclusion, or presence of third-party products and services within Proofbox's services and offerings.
3.10. Customer Data
Between Proofbox and the customer/user, the customer retains all rights (including intellectual property rights) and title to any documents and other content that the customer discloses to Proofbox or uploads in connection with the use of Proofbox's services and features. Customer data are excluded from this retention of rights.
For documents and works actually published in the archive at the customer's instigation, Proofbox receives from the customer the non-exclusive, royalty-free right to store, reproduce, use, technically adapt, archive and make available those documents. This licence is purpose-bound and limited to what is required to perform the contractually agreed services and to keep the documents permanently available in the archive. It covers in particular making them available for download by third parties against the convenience fee under section 3.4. The licence applies to the same extent to service providers and suppliers engaged by Proofbox to perform the services.
For uploaded documents that have not been published, in particular drafts, discontinued processes and files submitted under the PoE service, Proofbox holds no exploitation, sale or transfer rights. Such content is used solely for the purpose of the processing commissioned in each case and is otherwise subject to the confidentiality obligation under section 7. In the relationship between this licence provision and section 7, the confidentiality obligation prevails for unpublished content.
Proofbox is authorized by the customer/user to process and use customer data to the extent described in these Terms and in the Privacy Policy. Content and documents are disclosed or made available to third parties only insofar as this is necessary to perform the commissioned service or concerns the published part of the archive.
3.11. Aggregated/Anonymous Data and Metadata
The customer/user agrees that Proofbox has the right to generate anonymous data and that such data is the property of Proofbox. Proofbox may use, process, and publish this anonymized data for business purposes during and after the term of the agreement. Proofbox will only disclose anonymized data in a non-identifiable form that does not allow any conclusion about the user.
Metadata generated by Proofbox in the course of the automated processing of uploaded documents – in particular automatically generated abstracts, short descriptions, categorizations, IPC classifications, and other system-generated descriptive and structural data – are the exclusive intellectual property of Proofbox. The user acquires no rights to such Proofbox-generated metadata. Proofbox is entitled to use, exploit, license, and publish such metadata for its own business purposes without any time limitation.
3.12. Copyright and Usage Rights
All content provided on the platform, including published documents and SaaS services, is protected by copyright. The user is granted a non-transferable, non-exclusive right to use the purchased products and services. Distribution to third parties or commercial use without the express written consent of the platform is prohibited.
3.13. Qualified Electronic Seal – Role of Proofbox and Clarification of Ownership
When affixing electronic seals in the context of all services offered on the platform, Proofbox acts solely as a technical service provider. The qualified electronic seal (eSeal) used on the platform is issued to Proofbox GmbH as the seal creator; the underlying qualified certificate and the timestamp service are provided by a qualified trust service provider (QTSP) within the meaning of Regulation (EU) No 910/2014 (eIDAS Regulation) that is listed on the trusted list under Art. 22 eIDAS Regulation. For clarification: Proofbox GmbH is not itself a qualified trust service provider and does not act as one. Proofbox affixes the seal on behalf of and on the instructions of the submitting user and acts at all times as a commissioned agent; no responsibility, authorship or ownership of Proofbox in the sealed content is established by affixing the seal.
Pursuant to Article 35 of the eIDAS Regulation, a qualified electronic seal benefits from the presumption of integrity of the data and of the correctness of the origin of that data at the time of sealing. The seal therefore documents that a specific file existed in its exact, unaltered form at a specific, verifiable point in time. This rules out any subsequent, undetected tampering with the sealed file and enables independent verification of data integrity. The legal effect of the qualified electronic seal is expressly limited to these two aspects: integrity of the data and evidence of the time of sealing.
The qualified electronic seal of Proofbox GmbH does not establish or prove ownership, authorship, exclusive entitlement, or any other intellectual property rights of the submitting user in the sealed data or their content. Pursuant to the regulatory concept of Article 35 in conjunction with Article 3(25) of the eIDAS Regulation, the seal merely gives rise to a presumption as to the origin of the data from the seal creator (Proofbox GmbH) and the integrity of the data after sealing – but not as to the submitting user's ownership or authorship of the file content. The seal evidences only that Proofbox GmbH affixed the seal at a particular point in time, not who is the legal owner or creator of the sealed content. Whether such evidence of time is recognised in an individual case as an indication of priority, authorship, proof of invention or other ownership depends on the applicable national laws, rules of evidence and the assessment by the competent authorities or courts.
Proofbox accepts no liability for the recognition of the electronic seal or a record generated through the platform as evidence of ownership, authorship, priority, exclusive entitlement, or any other rights of the user in any specific legal proceedings. The user is solely responsible for assessing the legal validity and evidentiary value of the seal within their respective legal and procedural environment. Proofbox shall not be liable for any economic, legal, or other disadvantages arising to the user from a failure of authorities, courts, or other third parties to recognise or interpret a record generated using the platform's services in the user's favour. Proofbox expressly recommends that users seek advice from a law firm specialising in the relevant national legal areas or from registered patent attorneys for legally binding questions of authorship, ownership, or priority of data and inventions.
4. Limitation of Liability and Warranty Provisions
4.1. Platform Availability
All technical efforts are made to keep the platform accessible at all times. However, no guarantee is given for constant availability or freedom from technical errors. Scheduled maintenance, unforeseen technical issues, or force majeure may lead to temporary restrictions.
4.2. Limitations of Liability
All pages, functions, and services provided by Proofbox are offered "as is" and "as available." You use all Proofbox services at your own risk. Proofbox, its employees, directors, owners, affiliates, and business partners assume no liability or warranty regarding suitability for a particular purpose, marketability, quality, accuracy of features, code, or any information provided. You alone are responsible for any damages resulting from your use.
Proofbox makes no guarantees about the accuracy of the provided information or that all features and data have been developed or presented with the required care.
4.3. Exceptions
If the above-mentioned limitations of liability are not permitted under the respective legal framework (applicable law) or local jurisdiction, the maximum (or minimum, whichever represents a more lenient regulation for Proofbox) legally permissible extent shall be deemed agreed. If applicable law requires a warranty for the service provided by Proofbox, such warranty shall be limited to the shorter period of 90 days from the date of first use, or the statutory period. Any oral or written information or advice provided by Proofbox employees, authorized representatives, or any other persons attributable to Proofbox shall never constitute a guarantee or warranty.
4.4. Failure of Essential Purpose
Any agreement on limitations and exclusions of liability represents a fair allocation of risk underlying these Terms of Use and does not disadvantage either party. The parties confirm that the limitations and exclusions of liability set forth in these Terms do not constitute an imbalance in the contractual relationship but instead establish a fairly distributed legal basis. Without these limitations and exclusions of liability, there would be a significant imbalance between the parties, as Proofbox, in light of the charged fees, would otherwise bear a disproportionately higher risk compared to the user.
4.5. Disclaimer of Damages and Consequential Damages
Proofbox and its suppliers provide no express or implied warranties of any kind, statutory or otherwise. This includes, but is not limited to, warranties regarding the suitability of Proofbox's services and features for a particular purpose, merchantability, or any title given to or used for explanatory purposes for a function.
Proofbox provides no warranty, guarantee, or promise that the services and features of Proofbox meet or satisfy the customer's/user's requirements or needs, nor that they are suitable for or used in the way intended by users. Proofbox does not guarantee that its services will meet your expectations, will be continuously available, or will be fit for your intended purpose. Additionally, Proofbox does not warrant or guarantee the completeness and/or accuracy of user data, nor that it will be preserved without loss or damage.
Although Proofbox implements and continuously improves security measures, Proofbox provides no warranty regarding such security measures, potential flaws in them, or the user's responsibility to adopt reasonable security measures. Therefore, Proofbox is not liable for unauthorized access to data or damages arising from such unauthorized access, regardless of fault.
In providing its services, Proofbox relies on third-party providers. Proofbox assumes no warranty or guarantee for products and services used from such third parties, including damages, injuries, interruptions, or errors resulting from or caused by these third-party services.
Proofbox does not guarantee the accuracy of example use cases provided on the website, nor that Proofbox services are suitable for implementing these examples. Determining the suitability of Proofbox's services for a specific use case, including its legal admissibility, rests solely with you (the user). Before using the services of Proofbox, we strongly recommend consulting a legal representative familiar with your local legislation. We are happy to answer questions about the technical process of our service. Questions concerning the legal assessment of your specific case we can neither answer nor are we permitted to.
Proofbox and all its suppliers shall in no event be liable to any users or customers for the following matters: loss, collection, retention, or disclosure of customer data; system failures or non-functioning services; faulty processes; damages arising from technical errors or issues; lost or inaccurate data; business interruptions; lost profits; loss of use; repair and delay costs; business damages of any kind; damages due to delays; reputational damage; damages resulting from legal issues; damages caused by information or communications (including notices); or any kind of damages that a user could have avoided or mitigated.
4.6. Incidental and Consequential Damages
Incidental and Consequential Damages: Any liability for consequential damages of any kind is excluded, regardless of the nature and cause of the damage, to the extent permitted by law. Liability of Proofbox and all of its suppliers is excluded for fraud, deception and other intentional or criminal acts of third parties, in particular of users, other customers or outside persons. This exclusion expressly does not apply to Proofbox's own intentional conduct or that of its legal representatives and vicarious agents.
Proofbox shall in no event be liable to you, employees, partners, suppliers or third parties for incidental or consequential damages, irrespective of whether these were foreseeable or whether Proofbox could have expected, anticipated or recognised such damages in advance. In relation to businesses, this also applies in cases of gross negligence and in cases of manipulation by third parties, to the extent permitted by law. As against consumers, the following applies: liability for personal injury and for intent and gross negligence remains unaffected. The limitations in this section apply to consumers only to the extent permitted by mandatory law, in particular the Austrian Consumer Protection Act.
Proofbox shall not be liable to you for direct damages, consequential damages, incidental damages, or special damages. This includes, but is not limited to, lost profits and/or revenue, loss of goodwill, work interruptions, and other lost business opportunities.
Proofbox assumes no liability for direct, consequential, incidental, or special damages resulting from the use of documentation, the website, or any of its associated components, including inaccuracies or errors in content (especially legal information and suggested applications of Proofbox's services and features); personal or property damage of any kind resulting from your access to or use of the website, documentation, or offered services; unauthorized access to our systems, servers, or code; and any errors or damages resulting from the use of content and/or information transmitted, transferred, modified, made available, or processed through the website or services of Proofbox.
4.7. Disputes with Other Users or Third Parties
Proofbox is under no obligation to become involved in disputes and/or other incidents between users (either among users or between users and third parties). Proofbox is also not obligated to become involved in any disputes or other incidents that may be related to or arise from the use of Proofbox services.
If Proofbox provides other services, such as storage space, web hosting, or similar services, it reserves the right to impose restrictions (temporary or permanent) on the use of such services and to make changes to them. This includes, for example, limits on storage duration, file number and size, total storage volume, number of uploads/downloads, and other restrictions. Content and materials that exceed these limits may be deleted or rejected without prior notice.
4.8. Third-Party Products and Services
Proofbox does not provide any warranty or guarantee for products and/or services offered or distributed by third parties through the services of Proofbox. Proofbox does not monitor, participate in, or take responsibility for such transactions. You alone are responsible for all interactions and communications with individuals with whom you interact through Proofbox's services.
4.9. User Content
Proofbox is not liable for any user content or for any consequences or damages arising from such user content. Proofbox explicitly disclaims any liability related to user content, including but not limited to defamation, viruses/spam, obscenities, inaccuracies, copyright or intellectual property infringements, criminal acts, terrorist activities, pornographic content, and any other content or actions that are legally, ethically, or morally inappropriate. Users are solely responsible for their content and the resulting consequences and effects. Proofbox assumes no liability and/or responsibility for unauthorized access to your account and/or the automatic forwarding of messages and/or viruses.
4.10. Limitation of Liability and Damages
The total liability of Proofbox and all its suppliers in the event of proven damages shall not exceed the total amount actually paid by the customer/user for the Proofbox service or product used in the 12 months prior to the occurrence of the damage, and is capped at that amount.
For damages incurred during a free trial or while using a free service, the maximum amount of compensation is limited to EUR 100 and may not exceed this amount.
4.11. Consumer Protection
Mandatory consumer protection provisions remain unaffected by all limitations and exclusions in these Terms. This clarification applies in particular to sections 4.2 to 4.10, to the exclusion of liability for the abuse screening under section 3.3, to the indemnification obligations under section 5, to section 8.2 and to sections 10 and 11.12.
As against consumers, the following therefore applies in any event: liability for personal injury and for intent and gross negligence is neither excluded nor limited. Warranty rights exist to the statutory extent; the 90-day period referred to in section 4.3 does not apply to consumers. The liability cap under section 4.10 applies to consumers only insofar as it does not, in the individual case, result in a gross disadvantage.
A consumer within the meaning of these provisions is any person who concludes the contract for a purpose that can be attributed neither to their commercial nor to their self-employed professional activity.
5. Indemnification and Liability Obligations
The indemnification obligations under this section 5 apply exclusively as against businesses. Where the user is a consumer, no indemnification, hold-harmless or cost-reimbursement obligations beyond statutory liability apply to them; in that respect, only the statutory provisions apply to consumers.
You (the customer/user), as a business, agree to indemnify and hold harmless Proofbox, all affiliated companies, employees, senior staff, directors, suppliers, representatives, owners, affiliates, subsidiaries and other persons and companies associated with the company against any and all liabilities, claims, demands and damages, to release Proofbox and all persons named from any liabilities, and to reimburse Proofbox and all persons named directly for all costs and damages arising therefrom (including but not limited to attorney and other legal advice costs), where these are connected with one or more of the following causes:
- The use of Proofbox services by you or any person attributable to you (authorized user, employee, relative, customer, etc.);
- The inability to use Proofbox services by you or any person attributable to you;
- Your inability to rely on the use of Proofbox;
- Your user content;
- Violations of these terms;
- Infringement of intellectual property rights;
- Loss of intellectual property;
- Violations or infringements of any third-party rights by you or any person attributable to you while using Proofbox;
- Fraud and intentional criminal acts and/or other misconduct;
- The nature and content of customer, personal, or other data processed through your use of Proofbox services;
- Your use of Proofbox in violation of applicable data protection laws;
- Any products or services obtained by you in combination with the service and/or use of the website.
We reserve the right to settle, resolve, or pay any claims, actions, or demands brought against us without your prior consent or knowledge of the matter. Additionally, Proofbox reserves the right to take exclusive control over the defense and negotiation of any matter in which you are required to indemnify or hold Proofbox harmless.
Proofbox will make reasonable efforts to notify you of such matters once Proofbox becomes aware of them. You are required to actively assist us upon request in defending any type of claims, lawsuits, or other demands and to be available for clarification.
You agree not to enter into or conclude any settlement or agreement in any matter where Proofbox is named as a defendant or party, or where you are obligated to indemnify or hold Proofbox harmless, without prior written consent from Proofbox.
You release Proofbox, us, and all third parties attributable to us from any and all liability and waive all past, present, and future claims, lawsuits, or causes of action of any kind (including property damage, personal injury, or death, and all financial losses including loss of profit), that directly or indirectly relate to the use of Proofbox and/or are directly or indirectly based on any of the following causes:
- All Proofbox services;
- False, incorrect, unlawful, or infringing content published, processed, or distributed via a Proofbox service, regardless of the origin or distributor;
- The behavior of other users;
- Losses, damages, or injuries caused by other users or their content, data, or use of our services;
- Any other causes such as errors, interruptions, defects, delays in the use or operation of Proofbox services, communication line failures, destruction, theft, any kind of criminal activity or unauthorized access to Proofbox's systems or property.
6. No Legal Advice
Proofbox is not a law firm, does not offer legal advice, and is neither authorized nor qualified to do so. Any references to legal matters on websites operated by Proofbox or within any content provided by Proofbox are compiled to the best of our knowledge and belief but have not been reviewed for legal accuracy. Since Proofbox services are primarily used for the defensive publication of innovations, inventions, ideas, or other content relevant to intellectual property rights, we strongly recommend consulting an attorney, particularly a patent attorney, familiar with the legal situation in your jurisdiction to determine whether the use of Proofbox is appropriate for your purposes. If you intend to use Proofbox for contract formation or other legally relevant matters and agreements, we also strongly advise seeking legal counsel familiar with the laws applicable in your region before proceeding.
Where content on the platform could be perceived as legal advice, Proofbox will make reasonable efforts to label such content accordingly or to reference the author. Proofbox may engage external partners authorized to provide legal advice for the creation of such content. These partners may be referenced in individual cases.
Proofbox primarily provides services in the field of defensive publications and, where applicable, the preparation of related technical documentation. The services offered by Proofbox do not include any activities that, under applicable law, are reserved for persons professionally authorized to represent parties, particularly patent attorneys or attorneys-at-law. All content provided on the platform, as well as any verbal information or explanations given by employees of Proofbox or by persons or entities affiliated with Proofbox, constitute general information only and do not represent legal, technical, or business advice or recommendations. Any liability for the accuracy, completeness, timeliness, or applicability of such information to specific cases or circumstances is expressly excluded. Users are strongly advised to consult a licensed legal representative before relying on or applying any information or services provided by Proofbox.
We therefore explicitly reiterate that Proofbox does not offer legal advice, that the content on the platform must not be understood as legal advice, and that Proofbox is not authorized to provide legal counsel. Proofbox also does not offer legal opinions or recommendations. Proofbox will never be a party to any signed documents between you and other users or third parties and is not involved in such agreements. Proofbox merely provides a technical infrastructure to securely publish specific information within a document. The term "legally secure" in this context solely refers to technical measures carried out by a Proofbox service, such that a publication may be recognized, for example, as a valid Internet disclosure under the European Patent Convention. The legal context and statutory requirements for this vary between jurisdictions. The user agrees to comply with the laws and regulations applicable to them and is responsible for ensuring that their use of Proofbox does not violate such laws.
For the avoidance of doubt, the term "legally compliant" ("rechtssicher") in connection with the services provided by Proofbox refers to the implementation of all technical and organizational measures necessary to ensure that a publication is structured in such a way that, according to the current state of technology and legal understanding, it qualifies as a legally valid online publication and thus as recognized prior art within the meaning of the applicable patent or copyright provisions. Proofbox takes all reasonable and technically feasible steps to ensure that publications on the platform meet these requirements.
Legally robust or legally durable prior art does not necessarily imply that this prior art, or the underlying published document, is recognised as “court-proof”. The term “court-proof” denotes a publication whose legal effectiveness has already been expressly confirmed by court decisions. No such judicial recognition exists to date in relation to publications via Proofbox. Proofbox therefore cannot warrant that a publication made via Proofbox will be recognised as “court-proof” in court proceedings. Proofbox prepares the publication according to the technical and legal standards currently known, but does not warrant that it will be recognised as court-proof in the individual case; this is subject to the assessment of evidence in the respective proceedings.
Natural persons connected with Proofbox may personally hold professional qualifications or admissions. They act in that capacity exclusively outside Proofbox and not within this contractual relationship. No mandate, representation or advisory relationship arises from using the platform, from contacting us, or from information provided in connection with the platform. Services reserved to persons professionally authorised to represent parties are neither provided nor brokered by Proofbox.
7. Confidential Information
From the perspective of Proofbox, confidential information includes services, tools, documentation, and any other information made available or disclosed to the customer/user. This also includes any individual terms of use or contract terms, as well as attachments or amendments to these terms, agreed upon between Proofbox and the user. From the user's perspective, customer data is considered confidential. In addition, all other information is considered confidential if it is disclosed in writing or orally and was marked as confidential at the time of disclosure, or if the nature and content of the information made it reasonably apparent to the recipient that the information was confidential.
For clarification: the contractual confidentiality under this section is a purely civil-law obligation and not a professional duty of secrecy. Communication with Proofbox is not subject to any right to refuse testimony and enjoys no professional privilege, in particular not the protection under Rule 153 of the Implementing Regulations to the European Patent Convention or comparable provisions for attorneys and patent attorneys. Anyone who requires such protection must turn directly to a person professionally authorised to represent parties.
7.1. Confidentiality Obligation
Each party (recipient) receiving confidential information must treat such information as confidential and may not disclose it to third parties unless permitted by these terms or previously authorized by the disclosing party. This obligation applies both during and after the term of use.
The recipient may only use confidential information to exercise its rights under these terms or to fulfill its obligations.
Information shall not be deemed confidential if it was already known to the recipient prior to disclosure, is publicly accessible, is disclosed by a third party without a confidentiality obligation, or was independently developed or obtained by the recipient without use of the disclosing party's information.
Each party may share confidential information with employees, contractors, affiliated companies, suppliers, service providers, and other persons who have a legitimate need to know such information and/or require access to fulfill their obligations. For Proofbox, this includes the provision of all services and the involvement of necessary subcontractors and suppliers. If a party discloses confidential information, it must ensure that the provisions of this confidentiality agreement are upheld and that the recipients of the confidential information are bound by confidentiality obligations no less protective than those set out herein. Professional confidentiality rules for attorneys, tax advisors, auditors, consultants, and service providers may replace these confidentiality obligations.
Notwithstanding the above, the user expressly authorizes Proofbox to use, process, and utilize customer and all other information and data provided by the user in accordance with the Privacy Policy. This includes (but is not limited to) the transmission and disclosure of electronic documents (including all contained information) to other parties. Transactional data related to such documents may also be collected and shared with all individuals authorized by the user to read, approve, sign, receive, or otherwise access and view the documents.
7.2. Required Disclosure and Remedies
Notwithstanding the provisions of this agreement, Proofbox may be legally required to disclose confidential information. If such disclosure is necessary, Proofbox will inform the user in writing prior to the disclosure—unless legally prohibited from doing so or if prior notice is not feasible in time. Proofbox will also reasonably support the user in protecting the confidential information and data from disclosure.
8. Payment Terms
8.1. Payment Obligation
The customer agrees to pay all amounts owed arising from the use of Proofbox services. The customer commits to timely and full payment of all fees charged by Proofbox for usage (without offset, deduction, counterclaims, or withholding) and shall not withhold any payments. When setting up a payment method, the customer must actively cooperate with Proofbox in the event of any issues.
8.2. No Refunds
The statutory right of withdrawal for consumers under the Austrian Distance and Off-Premises Contracts Act (FAGG) remains unaffected by the provisions of this section. The details, including the cases in which this right of withdrawal expires early, are set out in the Withdrawal and Refund Policy.
Subject to the preceding paragraph and to other mandatory statutory provisions, payments made are not refunded or credited. Should the payment method on file fail and you not settle the outstanding amounts in time, we reserve the right to block your user access and to remove content.
8.3. Late Payment and Dunning Fees
In the event of late payments, Proofbox may charge and collect dunning fees of up to 5% annually of the outstanding amount or the legally permitted maximum. You hereby consent and agree to reimburse Proofbox for all expenses and costs incurred in the collection of outstanding payments.
8.4. Invoices
Proofbox issues separate invoices for services used per purchase or payment made and not per service purchased. Any deviation from this standard invoicing process is considered an additional service and may be subject to extra charges.
9. Term and Termination
These Terms of Use apply for the entire duration the user utilizes Proofbox services or holds an active user account on the platform. They remain valid until the user deletes the account in accordance with these Terms.
Website visitors who do not create a Proofbox user account may terminate these Terms of Use at any time by no longer accessing the website.
For customers with an active user or account on the platform or for a Proofbox service, the following provisions apply.
9.1. Conditions for Use of Proofbox
Proofbox may suspend, block, or delete user accounts at any time if it suspects a violation of these Terms of Use.
9.2. Temporary Suspension of Use
If a user fails to meet their payment obligations, Proofbox may block the affected user and prohibit access and further use of Proofbox services. Proofbox may also suspend access for other reasons, such as a breach of these Terms, to prevent or limit harm or liability to other users or third parties, or to ensure the security, availability, and quality of its services.
Proofbox assumes no liability for the above-mentioned actions. The user remains obligated to pay all fees, whether or not access to Proofbox is available. Proofbox and the user agree to cooperate in good faith to restore access promptly.
10. Arbitration and Dispute Resolution
The provisions of this section 10 apply exclusively in the relationship between Proofbox and businesses. They do not apply as against consumers: for disputes with consumers, only the ordinary courts under section 11.12 have jurisdiction; no waiver of legal recourse or of participation in collective actions is agreed with consumers.
With the exception of claims to intellectual property rights, injunctive relief or claims for payment of usage fees by the customer, the business customer and Proofbox agree to resolve claims and demands in connection with these Terms and with the services of Proofbox by binding and final arbitration before a single arbitrator. Disputes concerning the arbitration agreement are also covered. The business customer may reject this arbitration agreement within 60 days of first registering. Many disputes between Proofbox and the customer can be resolved amicably before arbitration is commenced.
Arbitration will be held in Austria under the provisions of the Austrian Code of Civil Procedure (§§ 577 ff ZPO). If arbitration cannot be assigned due to existing arbitration forums, the parties agree to appoint a mediator to facilitate the appointment of an arbitrator.
The customer is required to notify Proofbox in advance of any dispute, allegation, difference, or initiation of legal action by sending an email to hello@proofbox.co or by sending a registered letter to the company's headquarters.
11. Final Provisions
11.1. Status of the Parties
These Terms of Use are binding upon the parties. Rights and obligations may not be transferred without prior written consent of the other party, except that Proofbox may assign these Terms to affiliated companies or in the context of an acquisition, merger, reorganization, or transfer of ownership without the customer’s consent. Thus, the rights and obligations of Proofbox generally follow the fate of the platform.
11.2. Electronic Communication and Customer Notices
Notices between Proofbox and the customer (or their "authorized users") must be in writing (by registered mail or email). Each party agrees to receive and deliver notices electronically. Proofbox is not responsible for filtering emails in the customer's mailbox. Customer messages must be sent to hello@proofbox.co. Proofbox will send electronic notices to the email address provided in the user's account.
11.3. Advertising
Unless otherwise agreed, Proofbox may use the customer's name, logo, and trademarks free of charge to identify the customer for promotional purposes on the platform and in marketing materials.
11.4. Third-Party Services (Subcontractors/Contractors)
Proofbox utilizes third-party services and software to deliver its services and maintain business relationships. These providers include payment processors, email providers, software components, server operators, and certificate authorities. Proofbox remains responsible for ensuring compliance with these Terms by such third parties.
11.5. Links to Third-Party Services/Subcontractors
Links to third-party services (websites, features) may be provided on the website or within the services. These are outside of Proofbox's control, and no liability or warranty is assumed. We recommend reading the respective terms and conditions of those providers.
11.6. Status of the Parties and Independent Contractors
Proofbox and the customer remain independent contractors and do not form a joint entity. Neither party may act on behalf of or bind the other. These Terms are not made for the benefit of third parties.
11.7. Force Majeure
Except for payment obligations, no liability is assumed for delays or failure to perform due to force majeure (beyond reasonable control). This includes war, natural disasters, failure or issues with electricity, data, or telecom networks, blockades, criminal actions, third-party failures, or government actions. Obligations must be fulfilled as soon as reasonably possible after the event.
11.8. Export Control
The customer acknowledges that Proofbox services, documentation, website, and all related products, technologies, and software are subject to U.S. export control laws (including but not limited to OFAC regulations). The customer is responsible for obtaining any necessary export or import authorizations. The customer warrants that they and their affiliates or authorized users are not listed on any U.S. government restricted party list, are not located in or a national of a U.S. embargoed country, or identified by the U.S. government as a "terrorist-supporting" country. The customer must not access or use Proofbox services in violation of U.S. embargoes or export restrictions.
11.9. Changes to this Agreement
The customer agrees that publication on the Proofbox website constitutes valid notice. Therefore, the customer is expected to check the website regularly for updates. The date of the last update serves as an indicator. For changes to documentation, this date will also be updated.
11.10. Severability Clause
If any provision of these Terms is held by a competent court to be unenforceable or invalid, it shall be limited to the minimum extent necessary to reflect the original intent of the parties, and all other provisions shall remain in full force and effect.
11.11. Final Agreement
These Terms of Use represent the currently valid, final, and complete version as of the current effective date. Unless you have entered into additional written agreements with Proofbox, these Terms of Use are accepted by both parties as the complete and exclusive terms of use. All prior oral or written conditions, representations, proposals, and agreements regarding Proofbox services are replaced by these Terms of Use.
11.12. Governing Law and Jurisdiction
These Terms are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for disputes with businesses is the court having subject-matter jurisdiction for the registered office of Proofbox GmbH.
As against consumers, the following applies: the choice of law does not affect the protection afforded to the consumer by the mandatory provisions of the law of their country of habitual residence. Statutory provisions apply to jurisdiction; in particular, a consumer may be sued at their domicile and may sue Proofbox, at their option, either at its registered office or at their own domicile.
The company operating the platform is named in the following section.
11.13. Language and Translation
These Terms of Use were originally drafted in German. Proofbox may provide translations of these Terms of Use into other languages for informational purposes. In the event of any ambiguity or inconsistency between the German version and a translated version, the German version shall prevail and be deemed the legally binding and authoritative text.
11.14. Entities Operating the Platform
Proofbox GmbH Austria
12. Contact
If you have any questions regarding these Terms of Use or the services provided by Proofbox, please contact us at hello@proofbox.co or via our contact form on the website: www.proofbox.co/contact.