Terms of Service

Preamble

Protime is a startup company founded in May 2024. Our mission is to combat information overload and empower individuals to make informed decisions through personalized, curated news and insights. As a new company, we are committed to evolving our service collaboratively with our users.

Translation Notice

The terms have been translated into 12 languages using large language models (LLMs), with the original language being German. In case of any discrepancies or differences in translation, the German version shall prevail.

1. Acceptance of Terms

By accessing or using the Protime service, you agree to be bound by these Terms of Service (ToS). If you do not agree with any part of these terms, you may not use the service.

2. Description of Service

Protime empowers business professionals through strategic insights by providing a tailored, condensed briefing that keeps them at the cutting edge of their industry. By delivering targeted insights, we enhance their efficiency, effectiveness, and competitive advantage, enabling them to excel in their fields.

Protime also strives to elevate the knowledge and critical thinking skills of the general public, building more resilient societies. Our efforts focus on combating information overload, misinformation, deepfakes, and cognitive biases. By ensuring that society is well-equipped to navigate the complexities of the modern information landscape, we help people make informed decisions and resist the spread of false information.

3. Free and Paid Programs

Protime offers subscription plans at different tiers, currently Basic and Pro, with additional plans (e.g. Business) in preparation. As Protime is in an active go-to-market phase, plan names, features, and pricing may change at any time. Each plan includes a monthly credit allowance. Credits are consumed for AI-powered content processing (summaries, analyses, audio briefings, and more). Unused credits expire at the end of each billing period and are not carried over. Users may set an optional overage limit (default: 0) that determines how many additional credits beyond the plan allowance may be used. Overage fees are billed monthly according to the current price list. The user bears sole responsibility for setting and monitoring their overage limit. Current plans, credit allowances, and overage pricing are available at protime.ai/pricing.

3.1 Feedback and User Contributions

Users are invited to provide feedback, suggestions, and ideas to help improve Protime. All feedback is provided voluntarily and free of charge. Submitting feedback does not create any employment, consulting, or other contractual relationship with Protime. You agree that you will not be entitled to any compensation, payment, or reimbursement for any feedback or other contributions you make.

4. User Responsibilities

You are solely responsible for all decisions and actions you take based on information obtained through Protime. This information is intended for informational purposes only and should not be considered a substitute for professional advice. You are encouraged to consult with qualified professionals and verify information from multiple sources before making any decisions or taking any actions based on the information provided by Protime.

Protime is a news aggregator and does not endorse or recommend any specific securities, investment strategies, or actions. All consequences arising from your reliance on the information provided by Protime, including but not limited to financial losses, are your sole responsibility. It is your responsibility to exercise due diligence and apply sound judgment when using Protime.

For details on how Protime accesses and processes your data, including account data access for service maintenance, please refer to our Privacy Policy.

4.1 Source Access Authorization

The user confirms that they have legitimate access rights to all sources they feed into Protime (newsletter subscriptions, RSS feeds, mailbox access). Protime processes these sources exclusively on behalf of and for the personal use of the user.

4.2 Gmail and Outlook Data Access

If you connect your Gmail or Outlook account to Protime, you grant us permission to access your email data via OAuth authentication. You can revoke this access at any time by managing third-party app permissions in your Google or Microsoft account settings:

• Google Account Permissions
• Microsoft Account Permissions

5. Disclaimer of Liability

• No Warranties: Protime is provided 'as is' without any warranties, express or implied. We do not guarantee the accuracy, completeness, or timeliness of the information provided.
• AI-Generated Content: The content of summaries is created by large language models (LLMs). Inaccuracies, omissions, or misrepresentations may occur. Protime uses state-of-the-art AI models to minimize this risk but does not warrant the accuracy of generated content.
• No Professional or Investment Advice: The summaries and analyses provided by Protime are for general informational purposes only and do not constitute financial, legal, medical, or other professional advice. Users must not make decisions solely based on Protime-generated content and are required to seek independent professional advice.
• Limitation of Liability: To the extent permitted by law, Protime shall not be liable for direct, indirect, incidental, or consequential damages, including lost profits, property damage, or data loss, arising from the use of or inability to use the service. This applies in particular to damages resulting from actions or omissions taken by the user based on Protime content.
• Liability Cap: To the extent permitted by law, Protime's total liability for damages of any kind is limited to the subscription fees paid by the user in the preceding 12 months. Liability for intent and gross negligence remains unaffected.

5.1 Email Data Disclaimer and Limitation of Liability

By using Protime with Gmail OAuth or Microsoft OAuth, you acknowledge that Protime operates in compliance with Google's API Services User Data Policy and Microsoft's API Terms of Use respectively, but assumes no liability for errors, omissions, or issues arising from email data retrieval or processing.

By using Protime with Gmail OAuth or Microsoft OAuth, you acknowledge that Protime operates in compliance with Google's API Services User Data Policy and Microsoft's API Terms of Use respectively.

6. Continuation of Service

Users do not have a guaranteed right to the continuation of the service. If commercial validation fails, a technological reason prevents the service's expansion, or legal or other issues arise, it is at the sole discretion of Protime to discontinue the service. Users are not entitled to any compensation arising from such actions.

7. Indemnification

You agree to indemnify and hold Protime harmless from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of your use of the service or violation of these terms.

8. Subscription and Payment Terms

All payments are securely processed via Stripe Inc. By making a payment, you agree to Stripe's Terms of Service: https://stripe.com/legal.

• Fees: Protime offers paid subscriptions with varying features and credit allowances. Fees and billing terms will be clearly communicated upon sign-up.
• Credits: Each plan includes a monthly credit allowance. Unused credits expire at the end of each billing period.
• Overage: Users may set an overage limit (default: 0) that determines the maximum number of additional credits beyond the plan allowance. Overage fees are billed monthly according to the current price list. The user bears sole responsibility for setting their overage limit.
• Refunds: Paid subscriptions are subject to a 14-day right of withdrawal from the date of purchase. After the withdrawal period, no refunds will be provided for unused portions of the subscription period or unused credits. Overage fees are non-refundable.
• Cancellation: You may cancel your subscription at any time, effective at the end of the current billing period. Unused credits expire upon cancellation.

9. Governing Law, Jurisdiction and Dispute Resolution

These Terms of Service shall be governed by the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict of law provisions. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Service shall be Lucerne, Switzerland, to the extent permitted by law. Mandatory statutory jurisdictions, in particular mandatory consumer jurisdiction pursuant to Art. 32 CPC, remain reserved.

In the event of any dispute, the parties shall first attempt to resolve the dispute amicably. If the dispute cannot be resolved amicably within thirty (30) days, either party may pursue the matter through the ordinary courts.

10. Termination

• By Protime: Protime reserves the right to terminate your access to the service if you violate these Terms, engage in illegal activities, if continued service is impractical due to legal, technical, or financial reasons, or if the operation of Protime is no longer financially viable. If Protime terminates your access for reasons other than a violation of these Terms, you will receive a prorated refund for any unused portion of your subscription fees.
• By You: You may terminate your subscription at any time, as outlined in the Subscription and Payment Terms section. Unused credits expire and unused portions of the subscription period will not be refunded.

11. Intellectual Property

• Protime's Content: All content provided by Protime, including but not limited to articles, summaries, analyses, and software, is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or modify any content without express written permission.
• Copyright of Source Content: Content processed by Protime from emails, newsletters, RSS feeds, and other sources added through Smart Discovery or by the user is subject to the copyright of the respective authors and publishers. Protime creates AI-generated summaries and analyses of such content under the right of personal use (Art. 19 Swiss Copyright Act) and through transformative processing. Protime does not claim ownership of the original materials. The summaries constitute independent, transformative works and are intended solely for the user's personal informational purposes. Any redistribution, publication, or commercial use of summaries that could infringe third-party rights is the sole responsibility of the user.
• Feedback License: As a user of Protime, you grant Protime a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display any feedback, suggestions, ideas, or other information you provide to us, whether through the service, surveys, emails, or other communication channels.
• Document Licensing and Liability: If you submit documents or content that are not created by you and for which you do not have appropriate licensing rights, you are solely responsible for any damages or claims arising from such submission. Protime will not be held liable for any damages or compensation claims resulting from the unauthorized use of third-party materials.

12. Business Structure and Location

Protime is operated by Bluesky Information GmbH, based in Lucerne, Switzerland. Changes to the business structure or location will not affect the provision of the Protime service. Any changes to these Terms of Service will be communicated through updates with reasonable advance notice.

13. Changes to Terms

Protime reserves the right to change these Terms of Service at any time. Changes will be published on the Protime website. If the changes have a material impact on your rights, we will provide reasonable advance notice via email.

14. Data Protection

The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (revDSG). For details, please refer to our Privacy Policy. For business customers, we provide a Data Processing Agreement (DPA) in accordance with Art. 28 GDPR or Art. 9 revDSG upon request. Contact: data@protime.ai.