Welcome to Progon App ("Progon App," "we," "our," or "us"), a software platform owned and operated by Progon Software LLC, a Colorado limited liability company.
These Terms and Conditions ("Terms") govern your access to and use of Progon App, including our website, mobile applications, software, services, features, communications, and related products (collectively, the "Services").
By creating an account, accessing, or using the Services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
1. Eligibility
You must be at least 18 years of age and legally capable of entering into a binding agreement to use the Services.
If you are using Progon App on behalf of a business or organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Services
Progon App is a cloud-based business management platform designed to help businesses manage operations, marketing, communications, customer relationships, and automation.
Features may include, but are not limited to:
• Customer Relationship Management (CRM)
• Sales Pipelines
• Appointment Scheduling
• Calendar Management
• Email Marketing
• SMS Marketing
• Phone Calling
• Marketing Automation
• Websites & Funnels
• Forms & Surveys
• Estimates & Invoices
• Payment Collection
• Reputation Management
• Social Media Management
• Artificial Intelligence Features
• Reporting & Analytics
• Workflow Automation
• Team Collaboration Tools
Services may change, improve, or be discontinued at any time.
3. Account Registration
To use certain Services, you must create an account.
You agree to:
• Provide accurate and current information.
• Keep your password secure.
• Maintain the confidentiality of your account credentials.
• Notify us immediately of any unauthorized use of your account.
• Accept responsibility for all activities that occur under your account.
We reserve the right to suspend or terminate accounts containing inaccurate or misleading information.
4. Subscription & Billing
Certain Services require a paid subscription.
By subscribing, you authorize Progon Software LLC to charge your selected payment method for:
• Monthly subscriptions
• Annual subscriptions
• Usage-based fees
• Optional add-on services
• Applicable taxes
Subscriptions automatically renew unless canceled before the next billing cycle.
Unless otherwise required by law or expressly stated in writing, all payments are non-refundable.
Failure to pay may result in suspension or termination of your account.
5. Free Trials
If a free trial is offered, your subscription may automatically convert to a paid subscription unless canceled before the trial period ends.
6. Acceptable Use
You agree not to use Progon App to:
• Violate any law or regulation.
• Send spam or unsolicited communications.
• Distribute malware or malicious software.
• Attempt unauthorized access to any system or account.
• Reverse engineer or copy the platform.
• Harvest personal information.
• Infringe intellectual property rights.
• Conduct fraudulent or deceptive activities.
• Send unlawful SMS, email, or voice communications.
• Interfere with the operation or security of the Services.
Violation of this section may result in immediate suspension or termination of your account.
7. Communications Compliance
You are solely responsible for complying with all applicable federal, state, local, and international laws governing:
• SMS messaging
• Email marketing
• Telephone communications
• Consumer consent requirements
• Opt-out requests
• Privacy regulations
You represent and warrant that you have obtained any legally required consent before contacting recipients through the Services.
8. Third-Party Services
Certain features of Progon App rely on third-party providers and integrations, which may include cloud hosting providers, payment processors, telecommunications providers, email delivery services, artificial intelligence providers, mapping services, advertising platforms, analytics providers, and other technology partners.
Your use of these third-party services may also be subject to their respective terms, conditions, and privacy policies.
Progon Software LLC is not responsible for the availability, performance, pricing, policies, or actions of any third-party provider.
9. Intellectual Property
All software, code, trademarks, logos, branding, graphics, workflows, documentation, content, and other materials provided through the Services are the exclusive property of Progon Software LLC or its licensors and are protected by applicable intellectual property laws.
Your use of the Services does not grant you ownership of any intellectual property.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely in accordance with these Terms.
10. Customer Data
You retain ownership of the information and content you upload to Progon App.
You grant Progon Software LLC a limited license to host, store, process, transmit, back up, and display your data solely for the purpose of providing and improving the Services.
You are responsible for maintaining backups of your own business data.
11. Artificial Intelligence Features
Certain features may use artificial intelligence to generate content, recommendations, workflows, summaries, marketing materials, or other outputs.
AI-generated content is provided for informational purposes only and may contain inaccuracies.
You are solely responsible for reviewing and verifying all AI-generated content before relying upon or publishing it.
12. Availability
While we strive to provide reliable Services, we do not guarantee uninterrupted or error-free operation.
Maintenance, software updates, internet outages, third-party failures, and events beyond our reasonable control may temporarily affect availability.
13. Security
We implement commercially reasonable administrative, technical, and organizational safeguards to help protect customer information.
However, no online platform or internet transmission can be guaranteed to be completely secure.
14. Suspension & Termination
We may suspend or terminate your account immediately if you:
• Violate these Terms;
• Fail to pay applicable fees;
• Engage in unlawful, fraudulent, or abusive activity;
• Threaten the security or integrity of the Services; or
• Misuse the platform.
Upon termination, your access to the Services may be removed without further notice.
15. Disclaimer of Warranties
The Services are provided on an "AS IS" and "AS AVAILABLE" basis.
To the fullest extent permitted by law, Progon Software LLC disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted service, and accuracy.
16. Limitation of Liability
To the fullest extent permitted by law, Progon Software LLC shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or relating to your use of the Services.
Our total cumulative liability shall not exceed the total amount paid by you to Progon Software LLC during the twelve (12) months immediately preceding the event giving rise to the claim.
17. Indemnification
You agree to defend, indemnify, and hold harmless Progon Software LLC, its owners, officers, employees, contractors, affiliates, successors, and licensors from any claims, damages, liabilities, losses, costs, or expenses arising from:
• Your use of the Services;
• Your violation of these Terms;
• Your violation of applicable laws or regulations; or
• Your infringement of any third-party rights.
18. Governing Law
These Terms shall be governed by and interpreted under the laws of the State of Colorado, without regard to its conflict of law principles.
Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located within the State of Colorado.
19. Changes to These Terms
We may modify these Terms from time to time.
Any updates become effective upon posting to Progon App.
Your continued use of the Services after updated Terms are posted constitutes your acceptance of those changes.