Terms & Conditions

1. Introduction

By using our services, you agree to all the terms of this agreement. Your use of our services is also subject to our Cookie Policy and Privacy Policy, which cover how we collect, use, share and store your personal information. This agreement applies to Prosfy.com, Prosfy applications and other Prosfy-related services offered under this agreement (the "Services"). You enter into this agreement with Datify Professionals SL ("PROSFY", "the company" or "we"), under Spanish law. This agreement applies to both Members and Visitors. The collection, use and sharing of your personal data are subject to our Privacy Policy and its updates.

PURPOSE OF THE AGREEMENT

PROSFY provides a technology platform (software as a service – SaaS) offering tools for salary and compensation analysis, comparison and benchmarking. The Services are designed for use within the PROSFY platform and may include free or paid features, depending on the type of user and contracted subscription. Any access to datasets, external integrations, commercial exploitation of data or use outside the platform will be subject, where applicable, to independent and specific agreements with PROSFY.

MEMBERS AND VISITORS

By registering and joining PROSFY's Services, you become a Member. If you do not register, you may only access certain features as a "Visitor". By clicking "Register" or similar, you agree to enter into a legally binding agreement with PROSFY. If you disagree, do not access or use our Services. You may terminate this agreement at any time by closing your account and ceasing to use the Services.

CHANGES

We may modify this agreement, our Privacy Policy and our Cookie Policy occasionally. If we make material changes, we will notify you through the Services or other reasonable means before they take effect. Changes will not be retroactive. If you disagree with any modification, you may close your account. Continued use of the Services after notification will imply acceptance of the updated terms.

2. Obligations

SERVICES

To use the Services, you must be at least 16 years old ("Minimum Age"). By registering, you agree to:

Be of legal age.
Be an authorized agent to use a business account.
Maintain a single Prosfy account in your real name.
Not have been previously restricted from using the Services.

Access to the Services is granted exclusively for the User's internal use within the PROSFY platform, in accordance with these Terms.

YOUR ACCOUNT

You will not share your account with third parties and will comply with our rules and applicable law. Members are the account holders. You agree to:

Use a strong password and keep it confidential.
Not transfer any part of your account (e.g., contacts).
Not assign, sublicense or allow the use of your account or credentials to third parties outside the mechanisms expressly authorized by PROSFY.
Comply with the law, as well as our list of best practices and professional community policies.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by a third party for your use (e.g., a subscription purchased by your employer), that party may control access and receive reports on the use of the contracted service, without implying rights over your personal account.

PAYMENT

You will fulfill your payment obligations and agree that PROSFY may store your payment information. You understand that additional fees and taxes may apply. Refunds are subject to PROSFY's policy. If you purchase any of our paid Services ("Premium Services"), you agree to pay the applicable fees and taxes and the specific corresponding terms. Failure to pay may result in suspension or termination of the Services. Additionally, you agree that:

Your purchase may be subject to currency exchange fees or price differences depending on location.
We may store and continue to charge your payment method even after its expiry to avoid service interruptions.
For monthly plans, you agree to a minimum commitment of twelve (12) consecutive months, being responsible for the total amount of the period.
In the event of early cancellation, PROSFY may invoice the outstanding amount for the remaining period.
Your payment method will be automatically charged at the beginning of each subscription period.
All purchases are subject to PROSFY's refund policy.
Taxes will be calculated based on the billing information provided.

You may obtain a copy of your invoices from your account settings.

NOTIFICATIONS AND MESSAGES

You agree to receive notices and messages through our websites, applications and the contact details you provided. It is your responsibility to keep such information up to date. Notifications may be made:

Within the Service.
Sent to the contact information you provided to us (e.g., email address, mobile phone number, physical address). You agree to keep your contact information up to date.

You may review your settings to control the messages you receive.

SHARING

When you share information within the Services, other authorized users may see it in accordance with the Service's settings. Such access does not grant rights to reproduce, redistribute or commercially exploit the data, analyses or content provided by PROSFY. Content shared through the platform is intended exclusively for use within the PROSFY environment, unless expressly authorized in writing by PROSFY. PROSFY is not obligated to publish any content and may remove it with or without prior notice.

3. Rights & Limits

YOUR PROSFY LICENSE

You retain ownership of the content, comments and personal information you provide to PROSFY. However, you grant PROSFY a non-exclusive license to use such content in accordance with these Terms. Access to data, analyses and benchmarks provided by PROSFY is granted exclusively for internal use within the PROSFY platform and during the active term of the subscription. Any reproduction, redistribution, commercial exploitation, systematic extraction, database reconstruction or external use of such data without express written authorization from PROSFY is prohibited.

We will respect your choices about who can see your information and content, including its use for advertising purposes in accordance with our Privacy Policy.

As between you and PROSFY, you retain ownership of the content and information you submit to the Services, and you only grant PROSFY and its affiliates a worldwide, non-exclusive, transferable and sublicensable license to use, copy, modify, distribute, publish and process such content in connection with the provision of the Services. This license is limited as follows:

You may terminate it with respect to specific content by deleting it from the Services or closing your account, except to the extent that such content has been shared with other users or temporarily remains in backups.
PROSFY will not use your content in third-party ads without your express consent.
PROSFY may display ads alongside your content and information within the Service in accordance with the Privacy Policy.
PROSFY may make technical format changes (translation, size or format adaptation, removal of metadata), without altering the meaning of the content.

PROSFY will obtain your consent if it wishes to grant third parties rights to publish your content outside the Services. You and PROSFY agree that any content that includes personal data will be subject to the Privacy Policy. PROSFY may access, store, process and use the information provided in accordance with such Policy and your settings. You undertake to provide only information you have the right to share and guarantee that your profile will be truthful. You also agree not to provide content that infringes the law or third-party rights.

PERMITTED USE OF THE SERVICE

The User undertakes to use the Services exclusively in accordance with their intended purpose and will refrain from:

Using the Services to recreate, replicate or derive models, methodologies, databases or systems substantially similar to those offered by PROSFY.
Using automated or systematic techniques to extract information from the Service.
Using data or analyses provided by PROSFY outside the platform environment without express authorization.

AVAILABLE SERVICES

PROSFY may modify, suspend or discontinue any Service, as well as update prices prospectively with reasonable notice in accordance with the law. PROSFY does not guarantee permanent storage of content and does not act as a data custody service. The User agrees that PROSFY has no obligation to retain or provide copies of content unless required by law.

THIRD-PARTY CONTENT

Use of content from other users or third parties is at your own risk. PROSFY is not responsible for products or services offered by third parties through the platform. PROSFY does not supervise or control the professional activities of Members and does not guarantee the accuracy of published content.

LIMITS

PROSFY may limit access to or use of the Services and suspend or cancel accounts in the event of breach of these Terms or misuse of the Service.

INTELLECTUAL PROPERTY RIGHTS

PROSFY retains all intellectual property rights over the Services, including software, methodologies, databases, analytical models and trademarks. Nothing in this agreement grants the User rights over such intellectual property beyond the limited use of the Service in accordance with these Terms.

AUTOMATED PROCESSING

PROSFY uses data to provide analyses, recommendations and Service features. Keeping your profile up to date contributes to the accuracy of such analyses.

4. Disclaimer and Limit of Liability

SALARIES AND ANALYTICAL ESTIMATES

In certain markets, PROSFY may offer salary estimation features intended to provide indicative references on market values, salary ranges or compensation associated with certain positions. Such estimates are based on analytical models and aggregated market data and are exclusively informational in nature. Unless expressly stated otherwise in writing, the results provided by PROSFY:

do not constitute verified salaries,
do not guarantee specific economic results,
do not replace professional, legal, financial or employment advice,
nor do they represent commitments or job offers from third parties.

The User acknowledges that any decision made based on information provided by PROSFY is made under their sole responsibility and it is recommended to supplement such data with other sources. PROSFY does not guarantee the accuracy, completeness or permanent currency of the estimates.

NO WARRANTY

The Services are provided "as is" and "as available". To the maximum extent permitted by applicable law, PROSFY expressly disclaims all warranties, express or implied, including, without limitation, warranties of data accuracy, continuous service availability, absence of errors, fitness for a particular purpose or non-infringement. PROSFY does not guarantee that the Services will be uninterrupted, secure or error-free.

EXCLUSION OF LIABILITY

To the maximum extent permitted by applicable law and unless there is an independent written agreement, PROSFY and its affiliates will not be liable for:

economic losses, loss of profits or business opportunities,
reputational damages,
loss or corruption of data,
nor indirect, incidental, consequential, special or punitive damages.

PROSFY's total cumulative liability arising from this Agreement will in no event exceed the total amount actually paid by the User to PROSFY during the twelve (12) months prior to the event giving rise to the claim, or one hundred euros (€100) if such amount is less.

BASIS OF THE AGREEMENT; EXCLUSIONS

The limitations set forth in this Section constitute an essential basis of this Agreement and will apply to any type of claim, even if PROSFY had been warned of the possibility of such damages. These limitations will not apply in cases of death, personal injury, fraud, gross negligence or willful misconduct, nor where prohibited by applicable law.

5. Support and SLA (for business clients only)

For Enterprise Clients, PROSFY provides technical support under the following indicative conditions:

Service availability target: 99.5% monthly, excluding scheduled maintenance and causes beyond PROSFY's reasonable control.
Support first response time target: within 24 business hours via email.
Initial training available on demand.

These service targets do not constitute contractual availability guarantees nor automatically generate entitlement to compensation, unless expressly agreed otherwise in a separate written agreement. Any enhanced service level (SLA), availability commitments, guaranteed response times or penalties must be established through specific agreements.

6.Termination

Either party may terminate this Agreement at any time by notifying the other party. Upon termination, the User will immediately lose the right to access the Services. Likewise, upon termination of the Agreement, any right to use the data, analyses or content obtained through the Services will immediately cease. The User undertakes to stop using such data and analyses for any productive, commercial or analytical purpose. Upon reasonable request from PROSFY, the User must certify the deletion or archiving without use of any information obtained through the Service.

The following provisions will survive termination of the Agreement:

confidentiality obligations;
restrictions on use of data and content;
the prohibition on reconstruction, derivation of methodologies or creation of systems substantially similar to PROSFY;
the limitations of liability set forth in Section 4;
any outstanding amounts payable;
PROSFY's rights over its intellectual property.

In the case of monthly subscription plans with a twelve (12) month commitment, the remaining balance to complete the contracted period will remain due, even if the Agreement is terminated before that time. Early cancellation by the User does not exempt them from their previously accepted financial obligations.

7. Governing Law and Dispute Resolution

In the unlikely event that we end up in a legal dispute, you and Prosfy agree to resolve it in Spanish courts using Spanish law. This section will not deprive you of any mandatory consumer protection under the law of the country to which we direct the Services, where you have your habitual residence.

8. General Terms

If a court with authority over this Agreement determines that any part of it is unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.

This Agreement (including additional terms we may provide when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we fail to enforce a breach of this Agreement, that does not mean that Prosfy has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of the Services) to anyone without our consent. However, you agree that Prosfy may assign this Agreement to its affiliates or to a party that buys it without your consent. There are no third-party beneficiaries of this Agreement. You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

9. Dos and don'ts

This list of “Dos and Don’ts” limit what you can and cannot do on our Services.

DOS

You agree to:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulatory requirements.
Provide us with accurate information and keep it up to date.
Use your real name on your profile.
Use the Services in a professional manner.

DON'TS

You agree not to:

Create a false identity on Prosfy, misrepresent your identity, create a member profile for anyone other than yourself (a real person) or use or attempt to use another person's account.
Develop, support or use software, devices, scripts, robots or any other means or process (including scrapers, browser plugins or any other technology) to scrape the Services or copy profiles and other data from the Services.
Override any security feature or evade or circumvent any access controls or usage limits of the Service.
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties, without Prosfy's consent.
Disclose information that you do not have consent to disclose (such as confidential information of others, including your employer).
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
Violate Prosfy's intellectual property or other rights, including copying or distributing our learning videos, materials or technology, unless published under open source licenses; or using the word "Prosfy" or our logos in any trade name, email or URL, except as provided in the Brand Guidelines.
Post anything containing software viruses, worms or any other harmful code.
Reverse engineer, decompile, disassemble, decrypt or attempt to derive the source code of the Services or any related technology that is not open source.
Imply or state that you are affiliated with or endorsed by Prosfy without our express consent.
Rent, lease, lend, exchange, sell/resell or monetize the Services or access to them without Prosfy's consent.
Deep link to our Services for any purpose other than promoting your profile or a Group on our Services, without Prosfy's consent.
Use bots or other automated methods to access the Services, aggregate or download contacts, send or redirect messages.
Monitor the availability, performance or functionality of the Services for any competitive purpose.
Engage in "framing", "mirroring" or otherwise simulating the appearance or function of the Services.
Overlay or modify the Services or their appearance.
Interfere with the operation of the Services or impose an unreasonable load on them (e.g., spam, denial-of-service attacks, viruses, gaming algorithms).
Violate Professional Community Policies or any additional terms related to a specific Service.

10. Complaints Regarding Content

Contact information for complaints about content provided by our Members.

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

11. Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: [email protected]

By visiting this page on our website: www.prosfy.com