Terms of Use

Last Updated: 7 October, 2024

PLEASE READ CAREFULLY BEFORE ACCESSING AND USING THE SERVICES.

ACCEPTANCE OF TERMS OF USE

Welcome to Proactively Inc. (“Proactively,” “we,” “us,” or “our”). Through our website [Insert Website URL], the Proactively SMA Portal, and our mobile application (collectively referred to as the “Platform”), we offer a variety of health and wellness services, including a provider directory, health and wellness courses, a lifestyle shop, and more (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, you should not access or use our Services.

CHANGES TO TERMS OF USE

We reserve the right to amend these Terms at any time. We will post any changes on this page and encourage you to review the Terms regularly. Your continued use of the Services following any changes signifies your acceptance of those changes.

PROVIDER PROFILES

The Platform allows health and wellness providers (“Providers”) to create and manage their own profiles. By creating a profile, Providers agree to provide accurate and up-to-date information and acknowledge that they are responsible for the content they post. Proactively Inc. does not endorse any Provider and is not responsible for the accuracy of any information provided in the provider profiles.

COURSES AND EDUCATIONAL CONTENT

Our Platform offers various courses and educational content related to health and wellness. These resources are for personal, non-commercial use only. Providers own the content they create, and they can monetize it if they choose. We grant you a limited, personal, non-exclusive, non-transferable license to access the content for your own personal, non-commercial use.

LIFESTYLE SHOP

Our lifestyle shop offers products and services related to health and wellness, which may be listed by us or by third-party providers. Please review all product information carefully before making a purchase.

SUBSCRIPTIONS AND PAYMENTS

Proactively offers subscription plans for Providers. Payments are processed through Stripe using credit cards. Subscription fees are billed according to the billing cycle chosen at the time of subscription.

USE OF THE SERVICES

The Services are available to users who are at least 18 years old. You must not use the Services in any way that violates any applicable laws or regulations. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device.

INTELLECTUAL PROPERTY RIGHTS

The Platform and its entire contents, features, and functionalities are owned by Proactively Inc., its licensors, or other providers and are protected by international copyright and other intellectual property laws.

USER CONTRIBUTIONS

The Platform may include interactive features that allow you to post, submit, or display content. You retain ownership of your content, but you grant us a license to use, modify, distribute, and publicly display such content in connection with the Services.

DISCLAIMER OF WARRANTIES

You understand that we cannot guarantee the completeness, accuracy, or timeliness of any content or information provided through the Services. The Services are provided on an “as is” and “as available” basis without any warranties of any kind.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Proactively Inc., its affiliates, and their licensors, service providers, employees, agents, officers, or directors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of, or inability to use, the Services.

GOVERNING LAW

These Terms of Use and your use of the Services will be governed by and construed in accordance with the laws of Florida, excluding its conflicts of law rules.

DISPUTE RESOLUTION

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties shall use their best efforts to settle the dispute. If the parties do not reach a resolution within 30 days, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

FEEDBACK AND CONTACT INFORMATION

Feedback, comments, requests for technical support, and other communications related to the Services should be directed to:
team@proactively.com.