PROFORIO END USER LICENSE AGREEMENT

1. DEFINITIONS

1.1. "Proforio," "we," "us," or "our" refers to Proforio SIA, the provider of the property management software and services.

1.2. "User," "you," or "your" refers to the property manager, landlord, property owner, or authorized representative who uses the Proforio software and services.

1.3. "Software" refers to the Proforio property management platform, including all applications, tools, features, and services provided through the platform.

1.4. "Services" refers to all services provided by Proforio, including but not limited to property management tools, SMS services, notification services, and any other features or functionalities.

1.5. "SMS Service" refers to the text messaging service provided through Proforio's partnership with Esteria (SMS Solutions SIA).

1.6. "Content" refers to any data, information, text, images, or other materials that you upload, create, or manage through the Software.

2. LICENSE GRANT

2.1. Subject to your compliance with this EULA, Proforio grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software and Services for your property management needs.

2.2. This license is personal to you and may not be assigned, sublicensed, or transferred to any third party without our prior written consent.

2.3. You may use the Software and Services only for lawful purposes and in accordance with this EULA and any applicable laws and regulations.

3. USER RESPONSIBILITIES

3.1. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2. You agree to provide accurate, current, and complete information when creating your account and to update such information as necessary.

3.3. You are responsible for ensuring that your use of the Software and Services complies with all applicable laws, regulations, and industry standards.

3.4. You acknowledge that you are the primary content creator and are responsible for all data and information you input into the system.

4. SMS SERVICE TERMS

4.1. SMS Service Description

The SMS service allows you to send text messages to tenants, property owners, and other stakeholders through Proforio's platform. This service is provided by Esteria (SMS Solutions SIA) under their telecommunications agreement with Proforio.

4.2. SMS Pricing and Payment

• SMS pricing is determined by the mobile operator after successful dispatch and may vary by country and operator.
• Proforio may offer limited SMS quantities or credit amounts as part of paid subscription plans.
• You may be charged for SMS usage after the fact (postpay) or pay in advance (prepay) at Proforio's discretion.
• Separate payment agreements may be required for SMS services.
• You must accept these EULA terms regarding SMS sending before using the SMS service.

4.3. SMS Content and Compliance

• You are solely responsible for the content of all SMS messages sent through the service.
• You must not send spam, unsolicited messages, or content that violates applicable laws or regulations.
• You must provide recipients with the ability to opt-out of receiving SMS messages.
• You must respect quiet hours and not send promotional SMS during restricted times (8:00 PM to 8:00 AM on weekdays, and all day on weekends and holidays).
• You must obtain proper consent from recipients before sending SMS messages.

4.4. SMS Service Limitations

• Proforio guarantees SMS delivery to the mobile operator within 15 seconds of your request.
• Proforio cannot guarantee delivery to the end recipient as this depends on the mobile operator and recipient's device.
• Proforio reserves the right to block SMS sending if content meets spam criteria.
• Proforio may limit or restrict SMS service based on operator or recipient requests.

5. DATA PROTECTION AND PRIVACY

5.1. GDPR Compliance

Proforio is committed to protecting your data and complying with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

5.2. Data Ownership and Control

• You retain ownership of all data you input into the Proforio system.
• Proforio will not distribute your sensitive data outside the platform without your explicit permission, except as required by law or government authorities.
• Proforio acts as a data processor for your data, while you remain the data controller.
• You are responsible for ensuring that you have proper legal basis for processing personal data of your tenants and other stakeholders.

5.3. Data Security

• Proforio implements appropriate technical and organizational measures to protect your data.
• Data is stored securely and access is restricted to authorized personnel only.
• Proforio will notify you of any data breaches affecting your data as required by law.

5.4. Data Retention

• Proforio retains your data for as long as necessary to provide the services and comply with legal obligations.
• You may request deletion of your data subject to legal and contractual requirements.
• Proforio may retain certain data for backup, audit, or legal compliance purposes.

6. INTELLECTUAL PROPERTY

6.1. The Software, including all code, design, graphics, and other elements, is owned by Proforio and is protected by intellectual property laws.

6.2. You retain ownership of any content you create or upload to the platform.

6.3. You grant Proforio a limited license to use your content solely for the purpose of providing the services to you.

6.4. You may not reverse engineer, decompile, or attempt to extract source code from the Software.

7. DISCLAIMER OF WARRANTIES

7.1. THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

7.2. Proforio does not warrant that the Software will be uninterrupted, error-free, or secure.

7.3. Proforio is not responsible for any issues arising from your use of third-party services or integrations.

8. LIMITATION OF LIABILITY

8.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFORIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

8.2. Proforio's total liability to you shall not exceed the amount you paid for the services in the twelve months preceding the claim.

8.3. You are responsible for any damages caused by your misuse of the Software or violation of this EULA.

9. INDEMNIFICATION

9.1. You agree to indemnify and hold harmless Proforio from any claims, damages, or expenses arising from your use of the Software or violation of this EULA.

9.2. This includes, but is not limited to, claims related to SMS content, data privacy violations, or intellectual property infringement.

10. TERMINATION

10.1. This EULA is effective until terminated by either party.

10.2. Proforio may terminate this agreement immediately if you violate any terms or conditions.

10.3. Upon termination, your right to use the Software and Services will cease immediately.

10.4. Proforio will retain your data for a reasonable period after termination, subject to legal requirements.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1. This EULA shall be governed by and construed in accordance with the laws of Latvia.

11.2. Any disputes arising from this agreement shall be resolved through negotiation, and if unsuccessful, through the courts of Latvia.

12. MISCELLANEOUS

12.1. This EULA constitutes the entire agreement between you and Proforio regarding the Software and Services.

12.2. If any provision of this EULA is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.3. Proforio may modify this EULA at any time by providing notice to you. Continued use of the Software after such notice constitutes acceptance of the modified terms.

12.4. This EULA may be executed electronically and electronic signatures shall be deemed valid and binding.