Terms & Conditions

• Business CRM System: A cloud-based customer relationship management database for storing, managing, and segmenting contact records, lead data, conversation histories, and job information
• All-In-One Unified Inbox: A multi-channel messaging interface unifying SMS, email, Facebook Messenger, Instagram DMs, Google Business Profile messages, and website web chat into a single mobile and web application
• Automated Lead Follow-Up System: A configurable automated messaging sequence system for nurturing leads across SMS, email, and other channels following initial customer contact
• Business Phone System with Call Tracking: A dedicated virtual business telephone number with call tracking, source attribution, call recording, call analytics dashboard, and automatic missed call text-back functionality
• Managed Business Website: A professionally designed, SEO-optimised website built and managed by ProFox for the Client's business
• ProFox Mobile Application: Native iOS and Android applications providing mobile access to all platform features

• Missed Call Text Back System: Automated SMS response to missed inbound calls, firing within seconds of a missed call event
• Five Star Magic Review System: A reputation management funnel that solicits positive reviews, routes satisfied customers to public review platforms, and intercepts negative feedback through a private resolution pathway
• Local SEO Optimisation: Ongoing search engine optimisation management for the Client's Google Business Profile and organic local search rankings
• One-Click Marketing Campaigns: A bulk SMS and email broadcast tool for re-engagement, promotional, and loyalty campaigns to the Client's CRM contact database

• AI Live Chat Agent: An artificial intelligence-powered conversational chat agent deployed on the Client's website to engage visitors, answer questions, qualify leads, and escalate to human response when required
• AI Voice Agent: An AI-powered telephone answering agent that handles inbound calls to the Client's business number, qualifies callers, and escalates to human follow-up through the unified inbox

All subscription payments are processed through Stripe, Inc., a third-party payment processor. By subscribing to a ProFox plan, you agree to Stripe's Terms of Service available at stripe.com/legal. ProFox does not store, process, or handle credit card or bank account information directly. All payment data is handled exclusively by Stripe's PCI DSS-compliant infrastructure.

Subscriptions are billed on a monthly recurring basis, starting from the date the Client's paid plan commences. Each billing cycle is 30 days from the commencement date. Subscriptions renew automatically on each billing cycle anniversary date unless cancelled in accordance with Section 8 before the renewal date. By subscribing, you authorise ProFox to charge your payment method on a recurring basis until cancellation.

If a scheduled payment fails for any reason, ProFox will notify you by email. A retry will be attempted automatically within 3 business days of the initial failure. If the payment cannot be collected within 7 days of the original due date, ProFox reserves the right to suspend access to the Platform until outstanding balances are settled. If an account remains in arrears for more than 14 days, ProFox may terminate the subscription in accordance with Section 18.

All subscription fees are denominated in United States Dollars (USD). If your payment method is denominated in a different currency, your card issuer or bank will apply their applicable foreign exchange conversion rates and may charge additional conversion fees. ProFox is not responsible for any currency conversion costs, foreign transaction fees, or fluctuations in exchange rates.

A payment receipt or invoice will be issued to your registered email address following each successful billing event. If you require additional tax documentation, a GST invoice, a VAT invoice, or any other tax-related billing record, please contact ProFox at the email address provided in Section 25. ProFox will use reasonable endeavours to provide such documentation within 7 business days of a request.

You may request to upgrade or downgrade your subscription plan at any time by contacting ProFox. Upgrades take effect immediately, with the price difference prorated for the remainder of the current billing period. Downgrades take effect at the start of the next billing cycle following the request. Features specific to a higher plan tier will become unavailable upon the effective date of a downgrade.

You may cancel your ProFox subscription at any time by contacting ProFox directly via the email address provided in Section 25 or through the cancellation process within your Platform account settings. Cancellations must be submitted with a minimum of 5 business days' notice before your next billing date to prevent renewal charges for the following billing period.

Cancellation of your subscription takes effect at the end of the current paid billing period. You will retain full access to the Platform for the remainder of the current billing period for which payment has been made. After the billing period ends, all access to the Platform will be terminated immediately.

ProFox strongly recommends that all Clients export their Client Data before cancelling their subscription. Following cancellation, Client Data will be retained on ProFox's servers for a period of 30 days, during which time the Client may contact ProFox to request a data export. After this 30-day retention period, all Client Data will be permanently and irreversibly deleted from ProFox's systems.

ProFox operates a no-refund policy for subscription fees that have already been charged. Subscription payments are non-refundable, including in circumstances where the Client cancels mid-cycle or where the Client has not made full use of the Platform during a billing period. Exceptions apply as follows:

• Where a payment has been processed in clear error (for example, duplicate billing), ProFox will issue a full refund of the erroneously charged amount within 5 to 10 business days of the error being confirmed
• Where ProFox has terminated a Client's account without cause in circumstances solely attributable to ProFox's own error, a prorated refund for the unused portion of the current billing period may be issued at ProFox's discretion
• Where applicable consumer protection legislation in the Client's jurisdiction mandates a right to a refund or cooling-off period that cannot be contractually excluded, those statutory rights are not affected by this clause

The Platform is licensed to you solely for lawful business use in connection with your legitimate business operations. You may use the Platform to manage customer communications, automate follow-up sequences, manage your business's online reputation, track inbound phone calls, manage marketing campaigns, and use AI tools — all in compliance with applicable law and the terms of this Agreement.

You must not, and must not permit any User to, use the Platform for any of the following purposes:

• Sending unsolicited commercial messages (spam) to any recipient who has not provided prior express consent to receive communications from your business
• Sending communications that violate the TCPA (USA), PECR (UK), the Spam Act 2003 (Australia), or any equivalent legislation in any applicable jurisdiction
• Harassing, threatening, abusing, or defaming any individual or entity through the Platform's communication channels
• Transmitting, distributing, or storing any material that is unlawful, fraudulent, defamatory, obscene, offensive, or in violation of any third party's rights
• Impersonating any person or entity, or falsely representing your identity or affiliation in customer communications sent through the Platform
• Using the review management features to solicit, create, or publish false, fictitious, or fabricated reviews on any platform
• Attempting to gain unauthorised access to any part of the Platform, any other user's account, or any system or network connected to the Platform
• Introducing viruses, malware, ransomware, spyware, or any other malicious code into the Platform or its associated infrastructure
• Attempting to reverse-engineer, decompile, disassemble, or derive the source code of any part of the Platform
• Reselling, sublicensing, or otherwise commercialising access to the Platform or any part thereof without ProFox's prior written consent
• Using the Platform in any way that violates any applicable local, national, or international law or regulation
• Processing or storing the personal data of children under the age of 13 without appropriate parental or guardian consent and adequate safeguards

When using the Platform's SMS and email messaging features, you are solely responsible for ensuring that all messages are sent in compliance with all applicable regulations, including the TCPA (USA), PECR and UK GDPR (UK), the Spam Act 2003 (Australia), and the Telecom Commercial Communications Customer Preference Regulations (India). You represent and warrant that all contacts to whom you send communications through the Platform have provided appropriate consent.

The Platform, including all software, code, algorithms, interfaces, designs, graphics, text, documentation, trademarks, service marks, and all other content and materials comprising the Platform, is the exclusive intellectual property of ProFox or its licensors. Your subscription provides you with a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your legitimate internal business purposes during your active subscription period.

All Client Data remains the exclusive property of the Client at all times. ProFox claims no ownership over any Client Data submitted to or generated through the Platform. By using the Platform, you grant ProFox a limited, worldwide, royalty-free licence to access, process, store, transmit, and use your Client Data solely to the extent necessary to provide the Services to you and to comply with ProFox's legal obligations.

If you provide ProFox with any feedback, suggestions, ideas, or recommendations regarding the Platform or Services, you grant ProFox a perpetual, worldwide, royalty-free, irrevocable licence to use, incorporate, develop, and commercialise such Feedback without any obligation of compensation, attribution, or confidentiality to you.

You must not copy, reproduce, modify, adapt, translate, publish, create derivative works from, publicly display, distribute, or otherwise exploit any part of the Platform or any ProFox-owned content without ProFox's prior written consent. The ProFox name, logo, and all related marks are trademarks of ProFox. You may not use these marks without prior written authorisation.

Where ProFox creates and manages a website for the Client as part of the Services: (a) all website designs, templates, and code frameworks created by ProFox remain the intellectual property of ProFox; (b) all content specific to the Client's business, including business name, images, descriptions, and contact details, remains the property of the Client; and (c) upon cancellation, the Client may request export of their business-specific content.

• ProFox as Data Controller: With respect to Personal Data collected directly from Clients and Users for the purpose of providing the Services, ProFox acts as the data controller and determines the purposes and means of processing.
• ProFox as Data Processor: With respect to Client Data uploaded to or processed through the Platform, including the personal data of the Client's own customers stored in the CRM, ProFox acts as a data processor operating under the Client's instructions. In this capacity, the Client acts as the data controller and bears primary responsibility for the lawfulness of processing.

ProFox processes Personal Data in accordance with applicable data protection legislation, which varies by the jurisdiction of the data subject:

Where the Client is acting as the data controller for their customers' Personal Data stored in the ProFox CRM, the Client is solely responsible for:

• Ensuring they have a valid and lawful legal basis for collecting and processing their customers' Personal Data through the Platform
• Ensuring all marketing communications sent through the Platform comply with applicable consent requirements and opt-out obligations
• Responding to any data subject requests made by the Client's own customers in relation to data held in the ProFox CRM
• Maintaining their own Privacy Policy that accurately describes their use of the ProFox platform as a data processing tool
• Notifying their customers of the use of automated systems, AI agents, and call recording technologies to the extent required by applicable law

The Business Phone System feature includes automatic call recording of all inbound and outbound calls to the Client's business number. Call recording laws vary significantly by jurisdiction. In some US states (including California, Florida, and Illinois), all-party consent is required before a call may be recorded. ProFox configures the call system with an optional notification tone or message to assist with multi-party consent compliance. However, the Client is solely responsible for ensuring that their use of call recording complies with all applicable laws in their jurisdiction.

ProFox implements industry-standard technical and organisational security measures to protect Client Data and Personal Data processed through the Platform, including encryption at rest and in transit, access controls, multi-factor authentication for platform administration, regular security assessments, and a data breach response protocol. ProFox will notify affected Clients of any confirmed data breach involving their Client Data within the timeframes required by applicable law.

ProFox's infrastructure involves data processing across multiple countries. By using the Platform, you acknowledge that your Client Data may be transferred to, stored in, and processed in countries other than your own, including the United States and India. ProFox implements appropriate transfer safeguards as required by applicable law, including standard contractual clauses where mandated by the UK GDPR or equivalent frameworks.

• Twilio, Inc. (SMS, Calls, and Telephony): Business phone numbers, SMS routing, call forwarding, call recording, and missed call text-back functionality are delivered using Twilio's infrastructure. Twilio's use of data is governed by their Privacy Policy and Terms of Service at twilio.com
• Meta Platforms, Inc. (Facebook and Instagram): Facebook Messenger and Instagram DM integration within the unified inbox operates through Meta's official Business API. Your use of these integrations is subject to Meta's Platform Terms and Developer Policies
• Google LLC (Google Business Profile Messages and Analytics): Google Business Profile message routing and call source analytics use Google's APIs, subject to Google's API Terms of Service and Privacy Policy
• Stripe, Inc. (Payment Processing): All subscription billing is processed through Stripe. By subscribing, you accept Stripe's Terms of Service. ProFox does not access or store your payment card details
• GoHighLevel (CRM Platform Infrastructure): The underlying CRM, automation, and communication infrastructure of the ProFox platform is built on GoHighLevel's white-label SaaS platform

ProFox does not warrant the availability, performance, accuracy, or fitness for purpose of any Third-Party Service. Where a Third-Party Service becomes unavailable, changes its API or terms, or ceases to support a feature relied upon by ProFox, ProFox will use reasonable endeavours to provide an equivalent alternative but is not obligated to do so and will not be liable for any resulting service interruption or feature unavailability.

Certain features of the Platform require you to have your own accounts with Third-Party Services. Your use of those Third-Party Services is governed by their respective terms of service. If your Third-Party Service account is suspended or terminated by the third-party provider, the corresponding feature of the ProFox Platform will cease to function. Such third-party account suspension or termination does not entitle you to a refund of ProFox subscription fees.

To the fullest extent permitted by applicable law, ProFox shall not be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your use of, or inability to use, the Platform or Services, including but not limited to: loss of profit, loss of revenue, loss of business, loss of data, loss of goodwill, loss of anticipated savings, or loss of customers.

ProFox's total aggregate liability to you for all claims arising out of or in connection with these Terms, the Platform, or the Services shall not exceed the total amount of subscription fees paid by you to ProFox in the 3-month period immediately preceding the event giving rise to the claim. Where the Client is in their free trial period at the time of the relevant event, ProFox's liability is capped at USD $150.

ProFox is not liable for any loss, damage, or legal liability arising from communications made by the AI Live Chat Agent or AI Voice Agent to the Client's customers. The Client is solely responsible for reviewing, configuring, and monitoring AI agent outputs.

ProFox is not liable for the content of any reviews published on third-party review platforms by the Client's customers. The Client is solely responsible for the accuracy and legality of all review request communications sent through the Platform.

Nothing in this Section 14 excludes or limits ProFox's liability for: (a) death or personal injury caused by ProFox's negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited by applicable law, including statutory consumer rights under the Consumer Rights Act 2015 (UK), the Australian Consumer Law, the Consumer Protection Act 1986 (India), or equivalent legislation; or (d) any other liability the exclusion or limitation of which is prohibited by applicable law in the Client's jurisdiction.

Each party (the "Receiving Party") agrees to maintain in strict confidence all Confidential Information received from the other party (the "Disclosing Party") and to use such Confidential Information solely for the purposes of performing its obligations or exercising its rights under this Agreement. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

ProFox agrees to: (a) hold all Client Data and Client business information in strict confidence; (b) not disclose Client Data to any third party except as necessary to deliver the Services, as required by applicable law, or with the Client's prior written consent; (c) restrict access to Client Data to ProFox personnel and authorised subprocessors who have a legitimate need to access it for service delivery purposes.

The Client agrees to: (a) keep all account credentials, API integrations, and login details confidential and not share them with unauthorised individuals; (b) not disclose any ProFox proprietary processes, pricing structures, platform architecture, or business methods learned through use of the Platform to any competitor of ProFox; (c) not use any Confidential Information of ProFox to develop or assist in the development of any competing product or service.

Confidentiality obligations under this Section do not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information; (c) was already lawfully known to the Receiving Party before disclosure; or (d) is required to be disclosed by applicable law, court order, or regulatory authority, provided that the Receiving Party gives prompt prior written notice to the extent legally permitted.

ProFox targets a Platform uptime of 99.5% measured on a monthly basis, excluding scheduled maintenance windows and downtime caused by circumstances outside ProFox's reasonable control. This uptime target is a goal, not a guarantee, and does not form part of a service level agreement unless a separate written SLA has been executed between ProFox and the Client.

ProFox may perform scheduled maintenance on the Platform from time to time, during which access may be temporarily unavailable or degraded. Where maintenance is expected to cause a material service interruption, ProFox will use reasonable endeavours to provide advance notice via email or in-platform notification. Routine maintenance, security patches, and minor updates may be deployed without prior notice.

ProFox provides client support through email and scheduled call support during ProFox's standard business hours (Monday to Friday, 10:00 AM to 6:00 PM IST, excluding Indian public holidays). ProFox does not guarantee response times for support requests but will use reasonable endeavours to respond to all support enquiries within 1 to 2 business days.

ProFox reserves the right to modify, update, enhance, or alter the Platform at any time to improve functionality, security, compliance, or user experience. Where an update materially affects or removes a feature that the Client is actively using under their subscription plan, ProFox will provide a minimum of 30 days' prior written notice.

You may terminate this Agreement at any time by cancelling your subscription in accordance with Section 8. Termination by the Client does not entitle the Client to any refund of fees already paid. All obligations that accrued prior to the termination date remain binding.

ProFox may terminate this Agreement and suspend or permanently close your account immediately and without prior notice in any of the following circumstances:

• You have materially breached these Terms and the breach is not capable of remedy, or you have failed to remedy a breach capable of remedy within 14 days of written notice from ProFox
• You have violated the Acceptable Use Policy in Section 9, including sending spam, violating messaging regulations, or using the Platform for fraudulent or illegal purposes
• Your account has remained in payment arrears for more than 14 days following the original due date
• You have provided false, misleading, or fraudulent information to ProFox in connection with your account registration or subscription
• Your use of the Platform creates, in ProFox's reasonable judgment, a legal, regulatory, or reputational risk to ProFox or to third parties
• You become insolvent, enter administration, receivership, liquidation, or any equivalent insolvency process in your jurisdiction

ProFox reserves the right to terminate this Agreement without cause by providing 30 days' written notice to the Client. Where ProFox terminates without cause, any prepaid subscription fees covering the period after the termination effective date will be refunded to the Client on a prorated basis.

Upon termination of this Agreement for any reason:

• All licences granted to you under these Terms immediately cease
• All access to the Platform, including the mobile app, web interface, CRM, automation tools, inbox, phone system, and website, is terminated immediately
• Your dedicated business phone number is released unless a port-out has been initiated before the termination date
• Your managed website is taken offline
• Client Data is retained for 30 days following termination, after which it is permanently deleted
• Any outstanding payment obligations owed by the Client to ProFox remain enforceable after termination
• Provisions of these Terms that by their nature should survive termination (including Sections 10, 14, 15, 16, 21, and 24) shall continue to apply after termination

• Consumer Rights Act 2015: Where you are a consumer, the Consumer Rights Act 2015 applies. Under this Act, services must be performed with reasonable care and skill. If we fail to do so, you have the right to require repeat performance or, if that is not possible, a price reduction. These statutory rights cannot be excluded by these Terms.
• UK GDPR Compliance: ProFox processes personal data of UK data subjects in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. You have rights to access, rectification, erasure, restriction, portability, and objection in relation to your personal data.
• Distance Selling and Cooling-Off: Where you are a UK consumer and have entered into this contract at a distance (online), you may have a 14-day right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

• TCPA Compliance: The Telephone Consumer Protection Act (TCPA) governs automated telephone calls and SMS messages to US consumers. You are solely responsible for ensuring that all SMS messages and automated calls sent through the ProFox Platform to US recipients comply with the TCPA, including obtaining prior express written consent where required.
• CAN-SPAM Act: All commercial email messages sent through the Platform to US recipients must comply with the CAN-SPAM Act, including the inclusion of a physical mailing address and a functioning unsubscribe mechanism.
• CCPA / CPRA (California): If you are a California resident or a business subject to the CCPA, you have additional rights regarding your personal data under the California Consumer Privacy Act and the California Privacy Rights Act.
• State-Specific Call Recording Laws: Several US states (including California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington) require all-party consent before recording a telephone call. You are responsible for configuring your call recording notification settings appropriately.

• Australian Consumer Law (ACL): The Australian Consumer Law provides statutory guarantees for services supplied to consumers. Nothing in these Terms excludes, restricts, or modifies any right or remedy available under the ACL that cannot be excluded by agreement.
• Spam Act 2003: All commercial electronic messages sent to Australian recipients through the Platform must comply with the Spam Act 2003, including the requirement for prior express consent from recipients and the inclusion of a functional unsubscribe mechanism.
• Privacy Act 1988: ProFox processes personal data of Australian individuals in accordance with the Privacy Act 1988 and the Australian Privacy Principles (APPs). If you believe ProFox has mishandled your personal data, you have the right to complain to the Office of the Australian Information Commissioner (OAIC).

• Information Technology Act 2000: These Terms and ProFox's operations are subject to the Information Technology Act 2000 and applicable rules thereunder, including the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011.
• Digital Personal Data Protection Act 2023 (DPDP Act): ProFox is committed to compliance with the DPDP Act 2023. Indian data principals have the right to access information about their data, correct inaccurate data, erasure of data no longer necessary, and the right to grievance redressal.
• TRAI Regulations: All commercial communications sent to Indian mobile numbers through the Platform must comply with TRAI's DLT (Distributed Ledger Technology) regulations for commercial messaging. You are responsible for registering your message templates through the DLT platform before sending commercial SMS to Indian numbers.
• Consumer Protection Act 2019: Indian consumers have rights under the Consumer Protection Act 2019 in respect of deficient services. Nothing in these Terms excludes your rights under this Act.

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. This choice of governing law does not override any mandatory consumer protection or data protection laws that apply in the Client's jurisdiction and that cannot be excluded by a choice of law agreement.

Before initiating any formal dispute resolution proceedings, both parties agree to first attempt to resolve any dispute through good faith negotiations. Either party wishing to raise a dispute shall notify the other party in writing, describing the nature of the dispute and the remedy sought. The parties shall have 30 days from the date of such notice to attempt to resolve the dispute informally before proceeding to formal dispute resolution.

If the parties are unable to resolve a dispute through informal negotiation within 30 days, the dispute shall be submitted to and finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act 1996 of India (as amended). The arbitration shall be conducted by a sole arbitrator mutually agreed upon by the parties. The seat and venue of arbitration shall be India. The language of arbitration shall be English. The arbitrator's award shall be final and binding upon both parties.

Nothing in Sections 21.1 through 21.3 limits or excludes any right a consumer Client may have to bring a claim before a consumer tribunal, small claims court, or consumer dispute resolution body in their own jurisdiction under applicable consumer protection legislation. UK Clients retain the right to bring proceedings in UK courts for consumer claims. Australian Clients retain the right to lodge complaints with the ACCC or a state consumer affairs office.