Legal matters and info
Transparency meets clarity.
Explore the essential terms and policies that define and protect your experience on our platform
Preamble
Proofbox (hereinafter referred to as “Proofbox”, the “Website” or the “Platform”) is a product of Proofbox FZCO (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 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, Withdrawal Policy, 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 Proofbox services or register an account on its behalf.
IMPORTANT – ARBITRATION: THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE FOR BOTH PARTIES AND A WAIVER OF CLASS ACTIONS. THIS REQUIRES THAT ANY DISPUTES ARISING FROM THE USE OF PROOFBOX SERVICES BE RESOLVED THROUGH ARBITRATION, NOT IN COURT. THESE CLAUSES ARE EXPLAINED IN A SEPARATE SECTION AND MUST BE READ VERY CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.
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 liability, usage of the products, and their legal recognition.
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.
Usage and Access Rights
Right to Use the Services
To access and use Proofbox’s web-based 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.
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.
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.
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.
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.
Service Processing
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 may be operated by different subsidiaries for different regions. Payment and invoicing may therefore be carried out by the regional subsidiary based on the billing address. This helps fulfill national and tax-related obligations. These Terms apply globally, but regional legal requirements must be observed by each user. The list of operating entities is included at the end of these Terms.
Subject Matter and Scope of Services
The platform offers services in publishing and signing documents, archive access, and SaaS tools. Additionally, technical writing services (“Writing Service”, “Ghostwriting Service”, or “Editorial Service”) may be offered by independent IP agents (“Third Parties”, “Experts”, “IP Experts”), AI-based systems, or a combination thereof. The platform may act as an intermediary or provider of AI-based services. Users are solely responsible for the content created with these services. Proofbox does not guarantee accuracy, completeness, or legal validity. IP agents are individually responsible for their service quality under separate agreements. Editorial services may be rendered by Proofbox or third parties. Proofbox may delegate services to third parties and charge the user accordingly. While Proofbox selects such third parties with due care, it is not responsible for monitoring their performance.
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 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 used for this purpose.
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.
Third-Party Products and Content
Proofbox may provide links or integrate services from third parties, such as Stripe (payment), A-Trust and/or signteq (digital signatures), or LLMs like those provided by OpenAI.
Proofbox disclaims all responsibility for third-party content, legality, quality, and suitability. The user acknowledges and explicitly waives any claims against Proofbox in this regard. Proofbox shall not be liable for any loss or damages arising from the use or integration of third-party products or services.
Customer Data
The customer retains all rights (including intellectual property rights) to documents and content uploaded to or shared with Proofbox, with the exception of customer data.
The customer grants Proofbox a non-exclusive, royalty-free license to collect, store, reproduce, use, copy, modify, sell, utilize, and transfer customer documents and data insofar as this is necessary to provide Proofbox services or is otherwise permitted under this agreement. This license also applies to affiliated companies and trusted service providers.
The customer explicitly authorizes Proofbox to process and use all customer data (including confidential information) as described in these Terms and the Privacy Policy, including sharing and distribution of content and documents.
Aggregated/Anonymous Data
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.
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.
Limitation of Liability and Warranty Provisions
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.
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.
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.
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.
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 permissibility, is solely your responsibility (the user). BEFORE USING THE SERVICES OF PROOFBOX, WE STRONGLY RECOMMEND CONSULTING A LEGAL ADVISOR FAMILIAR WITH YOUR LOCAL LAWS AND SEEKING PROFESSIONAL ADVICE. WE ARE ALWAYS AVAILABLE TO SUPPORT YOU AND ANSWER ANY QUESTIONS YOU MAY HAVE.
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.
Incidental and Consequential Damages
Any liability for consequential damages of any kind is excluded, regardless of the nature and cause of the damage. Proofbox and all of its suppliers shall not be liable for fraud, deception, and/or criminal intent.
Proofbox shall under no circumstances be liable to you, your employees, partners, suppliers, or third parties for incidental or consequential damages, regardless of whether such damages were foreseeable or whether Proofbox could have anticipated, expected, or recognized them in advance. This exclusion applies even in cases of gross negligence, obvious errors, or active manipulation by employees or third parties.
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.
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.
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, including IP agents, with whom you interact through Proofbox’s services.
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.
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.
Consumer Protection
Mandatory consumer protection rights (statutory consumer provisions) remain unaffected by these limitations and exclusions, should such provisions exist under your jurisdiction. In such cases, the minimum statutory time limits and maximum damage amounts applicable in that jurisdiction shall apply.
Indemnification and Liability Obligations
You (the customer/user) agree to indemnify, defend, and hold harmless Proofbox, its affiliated companies, employees, officers, directors, suppliers, representatives, owners, affiliates, subsidiaries, and all other persons and entities associated with the company, from and against any and all liabilities, claims, demands, damages, and costs (including but not limited to attorney and other legal fees) that arise from or relate to any 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.
Disclaimer – 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.
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.
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.
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.
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.
Payment Terms
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.
No Refunds
All payments made are non-refundable and non-creditable unless otherwise required by law. If the registered payment method fails and you do not settle outstanding amounts in due time, we reserve the right to suspend your user account and remove all content. Our refund policy must be observed.
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.
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.
Term and Termination
Conditions for Use of Proofbox
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.
Temporary Suspension of Use
Proofbox may suspend, block, or delete user accounts at any time if it suspects a violation of these Terms 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.
Arbitration and Dispute Resolution
Except for claims relating to intellectual property rights, injunctive relief, or the customer’s payment obligations, the customer and Proofbox agree to resolve any disputes related to these Terms or Proofbox services through binding and final arbitration before a single arbitrator, thereby waiving constitutional and statutory rights to go to court and have a judge decide. This also includes disputes regarding the validity of the arbitration agreement itself. You may opt out of this arbitration agreement within 60 days of initial registration. The customer agrees to waive participation in class actions (as plaintiff or member) and instead work toward an individual resolution of disputes.
Arbitration will be held in the United Arab Emirates (UAE) under the rules of the Dubai International Arbitration Center (DIAC). 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.
Final Provisions
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.
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.
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.
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.
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.
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.
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.
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.
Changes to this Agreement
Changes to these Terms will be communicated to the customer.
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.
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.
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.
Governing Law and Jurisdiction
The parties agree to submit to the exclusive jurisdiction and venue of the courts in Dubai, United Arab Emirates. These Terms of Use are governed by the laws of the country in which the entity responsible for the user’s services is based. They are to be interpreted and enforced in accordance with that law. The following are the entities operating the platform:
Entities Operating the Platform
Proofbox Services FZCO
Dubai Silicon Oasis,
DDP, Building A1,
Dubai, United Arab Emirates
hello@proofbox.co
Language and Translation
These Terms of Use as well as all other policies and/or legal documents, especially the Privacy Policy, the Cookie Policy, the Refund Policy and the Disclaimer were originally drafted in German. Proofbox may translate these documents into other languages for informational purposes. In the case of ambiguities or differing interpretations between language versions, the German version shall prevail and be deemed binding.
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/home.