Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) govern your access to and use of prosoftus.com (the “Site”) and the services provided by Prosoft USA LLC (“Prosoft USA,” “we,” “us”). By accessing the Site or engaging our services, you agree to these Terms. If you do not agree, do not use the Site or our services.

2. Our services

Prosoft USA provides software development, marketplace customization, AI and operations automation, platform migration, and support and maintenance services, typically delivered under a separate written proposal, statement of work, or services agreement (“Engagement”). Where these Terms conflict with a signed Engagement, the Engagement controls for that project.

3. Proposals, quotes, and engagements

Quotes and proposals are estimates based on the information available at the time and are not binding until confirmed in writing by both parties. Project scope, timelines, and deliverables will be documented in the applicable Engagement. Changes to scope may affect fees and timelines and will be agreed in writing before work proceeds.

4. Acceptable use of our website

You agree not to: use the Site for any unlawful purpose; attempt to gain unauthorized access to our systems; interfere with the Site’s operation or security; scrape or harvest data without permission; or upload harmful code. We may suspend or restrict access for any use that violates these Terms.

5. Intellectual property

All content on the Site, including text, graphics, logos, and the site’s design and code, is owned by or licensed to Prosoft USA and protected by intellectual property laws. Ownership of software, code, and deliverables produced under a client Engagement is governed by that Engagement; unless otherwise agreed in writing, custom deliverables transfer to the client upon full payment, while Prosoft USA retains rights to its pre-existing tools, frameworks, and general know-how.

6. Client content and data

Where you provide content, credentials, or data for us to build or maintain a platform, you represent that you have the right to provide it and grant us permission to use it for the purpose of the Engagement. Our handling of personal data is described in our Privacy Policy.

7. Fees and payment

Fees, invoicing schedules, and payment terms are set out in the applicable Engagement. Unless stated otherwise, invoices are due within the period specified in that Engagement, and late payment may result in suspension of work or services.

8. Disclaimers

The Site and general information on it are provided “as is” without warranties of any kind, express or implied, including fitness for a particular purpose, merchantability, or non-infringement. Specific service warranties, if any, are stated in the applicable Engagement. We do not guarantee that the Site will be uninterrupted, error-free, or secure.

9. Limitation of liability

To the maximum extent permitted by law, Prosoft USA will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from your use of the Site or our services. Our total liability for any claim relating to a specific Engagement will not exceed the fees paid to us for that Engagement in the twelve months before the claim arose, except where a different limit is agreed in that Engagement.

10. Indemnification

You agree to indemnify and hold Prosoft USA harmless from claims, damages, and expenses, including reasonable legal fees, arising from your misuse of the Site, your content, or your breach of these Terms or an applicable Engagement.

11. Termination

We may suspend or terminate your access to the Site for conduct that violates these Terms. Termination of a client Engagement is governed by the terms of that Engagement. Provisions that by their nature should survive termination, including intellectual property, confidentiality, payment obligations, and limitation of liability, will survive.

12. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict-of-law principles, unless a specific client Engagement states otherwise. Any dispute arising from these Terms or an Engagement will first be addressed through good-faith negotiation between the parties.

13. International use

Prosoft USA serves clients internationally, including in the United States, Australia, and other countries. If you access the Site or our services from outside the United States, you are responsible for compliance with local laws that apply to you, and certain rights under local consumer or data protection law may still apply regardless of the governing law stated above.

14. Changes to these terms

We may update these Terms from time to time. Material changes will be reflected by an updated effective date on this page. Continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

Effective date: September 25, 2026

15. Contact us

Questions about these Terms can be sent through our contact page.