Terms and Conditions

1. Acceptance of Terms

By accessing and using ProBizPay ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. ProBizPay is a field service management platform provided by ProBiz Pay LLC.

2. Use License

Permission is granted to access the Service for business use in accordance with your subscription plan. Under this license you may not:

• Modify or copy the materials except for your own business use
• Use the materials for any unlawful purpose
• Attempt to decompile or reverse engineer any software
• Remove any copyright or other proprietary notations
• Transfer your account to another person without authorization

3. Account Responsibilities

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. User Content

You retain all rights to any content you submit, post or display on or through the Service, including customer data, job information, photos, and documents. By using the Service, you grant us a limited license to process and store such content solely for the purpose of providing the Service to you.

5. Payment Terms

Service fees are billed in advance on a monthly or annual basis. We reserve the right to change our subscription fees upon 30 days notice. Payment processing is handled through secure third-party providers including Stripe and Helcim.

6. Free Trial

We may offer a free trial period for new users. During the trial period, you will have access to the Service features as specified at signup. At the end of the trial period:

• Your account will automatically convert to a paid subscription unless you cancel before the trial ends
• You will be charged the applicable subscription fee using the payment method provided at registration
• You may cancel at any time during the trial without charge
• Trial periods are limited to one per customer/business

7. Refunds and Cancellation

Cancellation: You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:

• Your access will continue until the end of your current billing period
• No further charges will be made after cancellation
• You may export your data before your access ends

Refunds: We offer a 30-day money-back guarantee for new subscriptions. If you are not satisfied with the Service within the first 30 days of your paid subscription, contact us for a full refund. After 30 days, subscription fees are non-refundable. Annual subscriptions cancelled mid-term are not eligible for prorated refunds unless required by law.

8. Intellectual Property

The Service, including its original content, features, functionality, and all related intellectual property rights, are and will remain the exclusive property of ProBiz Pay LLC. This includes:

• The ProBizPay name, logo, and all related trademarks
• The software, design, text, graphics, and user interface
• All patents, copyrights, trade secrets, and proprietary technology

You may not copy, modify, distribute, sell, or lease any part of our Service or included software without express written permission.

9. Service Availability

We strive to maintain 99.9% uptime for the Service. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency repairs or security updates
• Circumstances beyond our reasonable control (force majeure)

We are not liable for any loss or damage resulting from Service unavailability. For critical business operations, we recommend maintaining offline backups of essential data.

10. SMS/Text Messaging Terms

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, if you breach the Terms. Upon termination, your right to use the Service will cease immediately. You may export your data prior to termination.

12. Limitation of Liability

In no event shall ProBiz Pay LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

13. Dispute Resolution

Informal Resolution: Before filing a claim, you agree to try to resolve any dispute informally by contacting us at support@probizpay.com. We will attempt to resolve the dispute within 30 days.

Binding Arbitration: If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration in Pinellas County, Florida, under the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions: Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the new Terms on this page and updating the "Last updated" date.

16. Contact Us

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

ProBiz Pay LLC
7901 4th St N, Suite 300
St. Petersburg, FL 33702
Email: support@probizpay.com
Phone: 727-297-2717