Terms of Service

1. Agreement to these Terms

These Terms of Service (the Terms) are a binding agreement between you and ARK SERVICES (Proven, we, us, or our) and govern your access to and use of tryproven.app, our dashboards, public collection forms, embeddable widgets, APIs, and related services (the Service).

By creating an account, clicking to accept, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organization, you represent that you are authorized to bind that organization, and you and your refer to that organization. You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract to use the Service.

2. The Service

Proven helps course creators, coaches, and their teams collect, manage, and embed customer testimonials, with an emphasis on results and outcomes. Depending on your plan, the Service includes branded collection forms, an approval inbox, embeddable widgets (such as walls, carousels, single quotes, and transformation timelines), video collection and hosting, team and client workspaces, and AI-assisted content generation.

We may add, change, or remove features over time, and we may release features as beta or experimental, which may be modified or discontinued. We will not materially reduce the core functionality of a paid plan during your paid term without reasonable notice.

3. Accounts & security

To use most features you must create an account through our authentication provider. You agree to provide accurate information and to keep it up to date.

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Keep your password confidential, use the security features we provide, and notify us promptly at support@tryproven.app if you suspect any unauthorized access or use.

Each account is associated with one or more workspaces. The person or organization that owns a workspace is responsible for its members, its data, and the actions taken within it, including by invited team members and, on the Agency plan, client sub-workspaces.

4. The testimonial-collection relationship

The Service involves two roles. You (the Creator) use Proven to request and collect testimonials. Your customers, students, and clients (End-Customers) submit testimonials to you through your branded collection form.

As between you and Proven, you control the testimonial content you collect and decide how it is requested, approved, displayed, and embedded. We host and process that content on your behalf so that you can use the Service. The way we handle personal information in testimonials is described in our Privacy Policy, where you act as the controller and we act as your processor.

You are solely responsible for your relationship with your End-Customers, for what you ask them, and for how you use and publish their testimonials. Proven is not a party to that relationship, does not verify the accuracy of any testimonial, and is not responsible for the results or outcomes you or your End-Customers describe.

5. Your responsibilities & consent

You are responsible for obtaining all rights, permissions, and consents necessary to collect, store, publish, and embed each testimonial and its associated media (including names, photos, video, results, and before-to-after metrics) before you display it. In particular, you will:

• Obtain consent from each End-Customer to collect and publicly display their testimonial, name, likeness, and any results or metrics they share.
• Honor any request from an End-Customer to withdraw, correct, or remove their testimonial, and respond to their privacy requests as the controller of that content.
• Only collect testimonials from individuals old enough to provide them under applicable law, and never from children in violation of that law.
• Ensure that the results, outcomes, and metrics you publish are truthful, substantiated, not misleading, and accompanied by any disclaimers your jurisdiction requires (for example, that results are not typical or guaranteed).

You will comply with all laws that apply to your use of the Service, including consumer-protection, advertising, endorsement, and testimonial-disclosure rules (such as the FTC Endorsement Guides in the United States and equivalent rules elsewhere).

6. Acceptable use

You agree not to use the Service to, and not to permit anyone else to:

• Fabricate, falsify, incentivize without disclosure, or otherwise publish fake, deceptive, or misleading testimonials, results, or endorsements.
• Upload or publish content that is unlawful, defamatory, harassing, hateful, obscene, or that violates the privacy, publicity, or intellectual-property rights of others.
• Misappropriate any third party's name, likeness, brand, or content, or impersonate any person or entity.
• Distribute malware or spam, send unsolicited messages, or phish, harvest, or collect data about others without authorization.
• Probe, scan, breach, circumvent, or test the vulnerability of the Service, or bypass any authentication, rate limit, usage limit, or access control.
• Reverse-engineer, decompile, scrape, or copy the Service or its underlying code, except to the extent this restriction is prohibited by law.
• Resell, sublicense, or provide the Service to third parties, except as expressly permitted by your plan (for example, Agency client workspaces).
• Interfere with, overload, or disrupt the Service or the servers and networks that support it.

We may investigate suspected violations and may remove content or restrict access to protect the Service, our users, or third parties.

7. Content & ownership

Your content

You and your End-Customers retain all ownership rights in the testimonials, text, images, video, logos, and other materials you submit, collect, or display through the Service (Your Content). We do not claim ownership of Your Content.

You grant Proven a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify for formatting and display (such as transcoding video or resizing images), transmit, and display Your Content solely as needed to operate, secure, and improve the Service and to provide the features you enable, including rendering embeddable widgets on the sites where you place them. This license ends when you delete Your Content or close your account, except for content already embedded or cached elsewhere and for reasonable backup retention.

Our content

The Service, including its software, design, the Proven name, logos, and branding, is owned by Proven and its licensors and is protected by intellectual-property laws. Except for the rights expressly granted to you, we reserve all rights in the Service, and you may not use our name or branding without our prior written permission. On the free plan, a Powered by Proven badge is displayed on widgets and may not be removed.

Feedback

If you send us suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

8. AI features

On eligible plans (Pro and above), the Service can use AI to generate draft case studies, social posts, and similar content from a testimonial at your direction (AI Features). AI Features are subject to the monthly usage quotas described for your plan.

AI-generated output may be inaccurate, incomplete, or generic, and similar output may be generated for other users. You are responsible for reviewing, editing, and verifying any AI output before you publish or rely on it, for ensuring it is truthful and compliant, and for not using AI Features to create deceptive or misleading content. As between you and Proven, and to the extent permitted by law, you own the output you generate from Your Content and are responsible for its use.

9. Plans, fair use & limits

The Service is offered in tiers (currently Free, Starter, Pro, and Agency) with different limits on testimonials, video, AI usage, sub-accounts, and branding. Current plans and limits are described on our pricing page and may change.

You agree to use the Service within the limits of your plan and in a manner consistent with normal, good-faith use. Unlimited features are subject to fair-use and anti-abuse limits and are not intended for excessive, automated, or burdensome use that degrades the Service for others. We may apply technical limits and may contact you about, throttle, or restrict usage that is abusive or that materially exceeds typical use.

10. Billing, renewals & refunds

Paid plans are sold and billed through Polar, which acts as our Merchant of Record. Polar handles checkout, payment processing, and applicable taxes, and your purchase is also subject to Polar's terms. We never receive or store your full payment-card details.

• Fees are charged in advance on a recurring basis (monthly or annually, depending on the plan you choose), and your subscription renews automatically at the then-current price until you cancel.
• You can cancel at any time from the billing portal. Cancellation stops future renewals and takes effect at the end of your current billing period; you keep access until then.
• Fees are non-refundable except where required by law or expressly stated by us. We do not provide refunds or credits for partial periods, unused features, or downgrades.
• We may change prices and plan features. We will give reasonable notice of price changes, which take effect on your next renewal, and your continued use after a change takes effect means you accept the new price.

If a payment fails or is reversed, or if applicable taxes are unpaid, we may suspend or downgrade your access. If you downgrade or your plan ends, content and features above your new plan's limits (for example, approved testimonials beyond the included amount, or video on a plan without video) may become unavailable.

11. Third-party services

The Service relies on third-party providers (including, for example, Polar for payments, Neon for database hosting, Cloudflare for file and video storage, Resend for email, and Anthropic for AI). It also interoperates with the third-party sites where you embed widgets. We are not responsible for third-party services, their availability, or their terms, and your use of them may be governed by their own agreements. Our current subprocessors are listed in our Privacy Policy.

12. Suspension & termination

You may stop using the Service and close your account at any time; cancellation of a paid subscription is governed by Section 10.

We may suspend or terminate your access, in whole or in part, with or without notice, if you breach these Terms, fail to pay, use the Service in a way that creates legal risk or harms the Service or others, or if we are required to do so by law. Where practical and appropriate, we will give you notice and an opportunity to cure.

On termination, your right to use the Service ends. We may delete Your Content after a reasonable period in accordance with our Privacy Policy, so please export anything you want to keep beforehand. Provisions that by their nature should survive termination, including content licenses you granted, disclaimers, limitations of liability, indemnification, and governing law, will survive.

13. Disclaimers

The Service is provided as is and as available, without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that any results you or your End-Customers achieve or publish are accurate, typical, or guaranteed. You are responsible for the testimonials and results you choose to display. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

14. Limitation of liability

To the fullest extent permitted by law, Proven and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service or these Terms, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of the amount you paid us for the Service in the twelve months before the event giving rise to the liability, or USD 100. These limits apply regardless of the theory of liability and form an essential basis of the bargain. Some jurisdictions do not allow certain limitations, so some may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Proven and its officers, employees, and suppliers from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to Your Content, the testimonials and results you publish, your use of the Service, your breach of these Terms, or your violation of any law or of the rights of any third party, including your End-Customers.

16. Changes to these Terms

We may update these Terms from time to time. When we make material changes we will update the date above and, where required, provide additional notice. Changes take effect when posted unless we state otherwise. Your continued use of the Service after changes take effect means you accept the revised Terms; if you do not agree, stop using the Service.

17. Governing law & disputes

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of India, without regard to its conflict-of-laws rules, and you and Proven submit to the exclusive jurisdiction of the courts located there, except where mandatory local law gives you the right to bring proceedings elsewhere.

Nothing in these Terms limits any non-waivable rights you have as a consumer under the mandatory laws of your country of residence.

18. General

• Entire agreement: these Terms and our Privacy Policy are the entire agreement between you and Proven regarding the Service and supersede any prior agreements on the subject.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets.
• Severability: if any provision is found unenforceable, the rest remains in effect and the unenforceable provision will be limited to the minimum extent necessary.
• No waiver: our failure to enforce any provision is not a waiver of our right to enforce it later.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.

19. Contact

Questions about these Terms can be sent to support@tryproven.app, or by writing to ARK SERVICES, Radha Krishna Flat, 10th Floor, Lucknow, Uttar Pradesh 225003, India.