Terms & Conditions

1. Acceptance of Terms

By accessing and using ProDeals mobile applications ("ProDeals" and "ProDeals Business") and our website www.prodealapp.com (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and ProDeals ("Company," "we," "us," or "our"). These Terms apply to all users of our Services, including customers and business owners.

2. Description of Services

ProDeals provides a platform that connects customers with local businesses through deal discovery and promotion services:

• ProDeals: Allows users to discover, subscribe to, and receive notifications about local deals
• ProDeals Business: Enables business owners to create, publish, and manage promotional deals for their customers
• Website: Provides information about our services and customer support

3. Eligibility and Registration

3.1 Eligibility

• You must be at least 13 years old to use our Services
• Business owners must be at least 18 years old and legally authorized to bind their business
• Our Services are available only to users in the United States
• You must provide accurate and complete information during registration

3.2 Account Security

• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized use of your account
• You are liable for all activities that occur under your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. User Responsibilities

4.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not:

• Violate any applicable laws or regulations
• Infringe on the rights of others, including intellectual property rights
• Post false, misleading, or fraudulent content
• Engage in spam or unsolicited communications
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our Services
• Use our Services for any commercial purpose not authorized by us

4.2 Business Owner Responsibilities

If you are a business owner using ProDeals Business, you additionally agree to:

• Provide accurate business information and maintain current contact details
• Honor all deals and promotions published through our platform
• Comply with all applicable consumer protection laws
• Maintain appropriate business licenses and permits
• Respond to customer inquiries and complaints in a timely manner
• Not publish deals that violate laws or third-party rights

5. Subscription Plans and Payments

5.1 Subscription Plans

• ProDeals offers various subscription plans (P1-P4) with different features and limits
• P1 plan: $4.99/month with basic features
• P2 plan: $9.99/month with enhanced features
• P3 plan: $19.99/month with professional features
• P4 plan: $29.99/month with enterprise features
• All prices are subject to applicable taxes
• Plan features and pricing are subject to change with notice
• Plan price update notifications are sent by Google Play Store or Apple App Store based on your device

5.2 Payment Terms

• Subscription fees are charged monthly in advance
• All payments are non-refundable unless required by law
• You authorize us to charge your payment method for subscription fees
• We may suspend or terminate your account for non-payment

5.3 Cancellation and Refunds

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• No refunds will be provided for partial months of service
• You retain access to paid features until the end of your billing period
• If subscription was not paid or cancelled, it will expire and business owners may not get premium features
• Business owners may have to re-enable Pro status after activating subscription

6. Intellectual Property

6.1 Our Rights

The Services and all related content, features, and functionality are owned by ProDeals and are protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute our Services or content
• Reverse engineer or attempt to extract source code
• Use our trademarks or logos without permission
• Create derivative works based on our Services

6.2 User Content

You retain ownership of content you create and submit through our Services. However, you grant us a non-exclusive, royalty-free license to use, display, and distribute your content in connection with our Services.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our Privacy Policy.

8. Disclaimers and Limitations

8.1 Service Availability

We strive to provide reliable service but cannot guarantee uninterrupted availability. We may temporarily suspend or restrict access for maintenance, updates, or other reasons.

8.2 Third-Party Content

Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of third parties.

8.3 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODEALS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless ProDeals and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses arising out of or related to your use of our Services or violation of these Terms.

11. Termination

11.1 Termination by You

You may terminate your account at any time by deleting your account through the app or contacting our support team.

11.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, for any reason, including if you violate these Terms.

11.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. Provisions that by their nature should survive termination will remain in effect.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Our company is registered in New York State.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in New York State.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by:

• Posting the updated Terms on our website
• Sending you an email notification (if you have an account)
• Displaying an in-app notification
• Updating the "Last updated" date

Your continued use of our Services after changes become effective constitutes acceptance of the new Terms.

14. Contact Information

If you have any questions about these Terms, please contact us:

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ProDeals regarding your use of our Services.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.