LEGAL

Terms of Service

Last updated: August 24, 2026

1. Acceptance of These Terms

These Terms of Service (the “Terms”) are a binding agreement between Fenn & Hart LLC (“Proofolio,” “we,” “us,” or “our”) and the individual or entity that creates an account or uses the Services (“Customer,” “you”). By creating an account, clicking to accept, or using the Proofolio platform, you agree to these Terms. If you are accepting on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to it.

If you do not agree to these Terms, do not use the Services.

2. The Services

Proofolio is a self-serve software-as-a-service platform that uses artificial intelligence to interview your customers by video, and to generate content from those interviews, including case studies, transcripts, video clips, quotes, and shareable pages (the “Services”). The Services include platform access, conversational AI interview tools, content generation and storage, and hosting infrastructure.

The Services use artificial intelligence to conduct interviews and generate content. AI output can contain errors or inaccuracies. You are responsible for reviewing all AI-generated output for accuracy before publishing or distributing it.

We may improve, modify, or discontinue features of the Services over time. If we discontinue the Services entirely or make a change that materially reduces their core functionality, we will give you reasonable advance notice where practicable.

3. Eligibility and Accounts

• You must be at least 18 years old and using the Services for business purposes.
• You must provide accurate, complete registration information and keep it up to date.
• You are responsible for safeguarding your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.
• You may not share accounts or credentials beyond the number of users your plan allows.

4. Subscriptions, Fees, and Billing

• Plans. The Services are sold as subscription plans. The features, usage limits, and prices of each plan are those displayed at the time you subscribe (on our pricing page or in your account).
• Billing. Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan you choose) and renew automatically at the end of each billing period until cancelled.
• Payment. You authorize us and our payment processor to charge your payment method for all fees due, including renewals, applicable taxes, and any plan upgrades you select.
• Price Changes. We may change plan pricing. Price changes take effect at your next renewal, and we will notify you before a price increase applies to you.
• No Refunds. Fees are non-refundable once a billing period has begun, except where a refund is required by applicable law.
• Late or Failed Payment. If payment fails or is overdue, we may suspend access to the Services until payment is made, after giving you notice and a reasonable opportunity to cure.
• Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, and similar taxes, other than taxes on our income.

5. Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period: you keep access through the end of the period you paid for, and you are not charged again. Cancelling does not entitle you to a refund of fees already paid, except where required by applicable law.

6. Usage Limits

Your use of the Services is subject to the limits of your plan, including the number of stories or interviews per period, storage, and the number of authorized users. If you exceed your plan’s limits, we may require you to upgrade, charge for the additional usage at the then-current rates, or limit further usage until the next period. We may also apply reasonable fair-use limits to protect the platform.

7. Your Content and Ownership

You own your content. As between you and us, you own the content created through the platform from your interviews, meaning the recordings, transcripts, case studies, clips, and quotes generated from them (“Customer Content”), along with any material you upload.

You grant us a limited, non-exclusive license to host, store, process, reproduce, and display Customer Content solely as needed to provide the Services to you, comply with law, and enforce these Terms. We will not use Customer Content for our own marketing without your written consent.

We retain all rights, title, and interest in the platform, our software, AI models, templates, documentation, and branding. No rights are granted to you except as expressly stated in these Terms. If you send us feedback or suggestions, we may use them without restriction or obligation.

8. Participants and Consent

“Participants” are the people interviewed through your account. The platform is designed to capture Participant consent during the interview itself, including consent to recording, AI processing, and publication. You remain responsible for:

• Ensuring you have the right to invite each Participant and to use the resulting content;
• Honoring the scope of the consent each Participant gave, including any withdrawal of consent;
• Compliance with all laws, regulations, and policies that apply to you and your Participants, including applicable privacy, publicity, consumer-protection, and testimonial/endorsement disclosure laws.

9. Acceptable Use

You agree not to use the Services:

• In violation of any applicable law or regulation;
• To record or collect content from any person without proper consent;
• To create, store, or transmit unlawful, harmful, deceptive, infringing, or abusive content, or to fabricate testimonials or reviews;
• To collect sensitive personal information (such as health, financial account, or government identification data) unless agreed with us in writing;
• To interfere with or disrupt the Services, probe or test their security, or attempt to access them by any means other than the interfaces we provide;
• To reverse-engineer, decompile, or extract the platform’s source code or AI models, or use the Services to build a competing product.

The interviews themselves may be used only for their intended purpose: collecting genuine stories, testimonials, and feedback from people who have agreed to participate. Without limiting the above, you agree not to use an interview:

• To harass, intimidate, threaten, demean, or exploit any Participant, or to subject anyone to an interview against their will;
• To interview anyone under the age of 18 without our prior written agreement and all legally required parental or guardian consents;
• To deceive Participants about who is interviewing them, why, or how the recording will be used, or to impersonate any person or organization;
• To elicit sexually explicit, obscene, hateful, or discriminatory content, or to sexualize any Participant;
• To interrogate, surveil, or investigate any person, or to extract credentials, financial details, or other information unrelated to the Participant’s own story;
• For any purpose other than legitimate customer-story, testimonial, or feedback collection for your business.

We may (but are not obligated to) monitor use of the Services for violations of this section, and we may remove content, suspend interviews, or suspend or terminate access where we reasonably believe this section has been violated.

10. Privacy and Data Protection

Our collection and use of personal information is described in our Privacy Policy. For Participant interview data, you are the controller and we act as your processor or service provider, processing that data solely to deliver the Services. We use commercially reasonable administrative, technical, and physical safeguards to protect stored data, including encryption in transit and at rest, and we work with infrastructure vendors that maintain industry-standard security certifications.

If a confirmed security breach affects your content, we will notify you without undue delay, and within any timeframe we are obligated to meet by applicable law. If you require a Data Processing Agreement (DPA) to comply with applicable data protection laws, we will execute one in good faith as a supplement to these Terms.

We may use data that has been aggregated or de-identified, so that it does not identify you or any Participant, to operate, analyze, and improve the Services.

11. Data Export and Deletion on Termination

We host and store your content while your subscription is active. When your subscription ends:

• You will have 30 days to export or retrieve your content from the platform;
• After the 30-day retrieval period, we may permanently delete your content, except where retention is required by law;
• We will confirm deletion in writing upon request.

You are responsible for exporting your content before the end of the retrieval period.

12. Third-Party Services

The Services rely on third-party providers (for example, cloud hosting, AI model providers, transcription, and payment processing), and may link to or integrate with third-party products you choose to connect. We are not responsible for third-party products or their terms, and your use of them is at your own risk.

13. Suspension and Termination; Right to Refuse Service

• We reserve the right to refuse, suspend, or discontinue the Services to anyone, at any time, for any lawful reason, in our sole discretion. If we discontinue your Services other than for your breach of these Terms, your sole remedy is a prorated refund of any prepaid fees for the unused portion of your subscription.
• Either party may terminate these Terms if the other materially breaches them and does not cure the breach within 30 days of written notice.
• You may stop using the Services and cancel at any time under Section 5.
• We may suspend or terminate your access immediately if reasonably necessary to address a security risk, unlawful use, non-payment, or a violation of Section 9; where practicable, we will give you notice and an opportunity to cure first.
• Sections that by their nature should survive termination (including ownership, disclaimers, limitations of liability, and indemnification) survive.

14. Disclaimer of Warranties

15. Limitation of Liability

You are responsible for reviewing, approving, and publishing all content generated through the Services. Proofolio is not liable for claims, damages, or legal actions arising from your use, publication, or distribution of platform-generated content, or from any unlawful, unauthorized, or improper use of the Services by you or your agents. These limitations do not apply where they cannot be limited under applicable law.

16. Indemnification

You will defend and indemnify Proofolio against third-party claims arising from your use of the Services in violation of these Terms, your failure to obtain required consents, or content you publish based on platform outputs.

Proofolio will defend and indemnify you against third-party claims that the platform itself (excluding Customer Content) infringes that party’s intellectual property rights, provided you promptly notify us and allow us to control the defense.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above, and if the changes are material we will provide notice (for example, by email or in the platform) before they take effect. Changes apply prospectively from their effective date; your continued use of the Services after that date constitutes acceptance. If you do not agree to updated Terms, cancel your subscription under Section 5 before they take effect.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute informally. Any dispute that cannot be resolved informally shall be brought exclusively in the state or federal courts located in Utah, and each party consents to their jurisdiction and venue.

19. General Provisions

• The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.
• Neither party may assign these Terms without the other’s written consent, except in connection with a merger, acquisition, or sale of substantially all assets.
• Neither party is liable for delay or failure caused by events beyond its reasonable control.
• If any provision is found unenforceable, the remaining provisions continue in full force.
• Our failure to enforce a provision is not a waiver of it.
• Notices to us may be sent using the contact information below; notices to you may be sent to the email address on your account.
• These Terms, together with the Privacy Policy and any plan details presented at purchase, constitute the entire agreement between the parties regarding the Services and supersede all prior discussions or agreements on that subject.

20. Contact

Fenn & Hart LLC
Phone: (406) 837-3376
Website: proofolio.ai