By using ProPass, you are expressly agreeing to ProPass LLC's ("ProPass" or "we") Terms of Service, the Community Guidelines, and the Privacy Policy (collectively, the "Terms"). If you do not wish to be bound by the Terms, you must not use or access ProPass in any manner.
The Terms apply to all users of the Platform (including, for the avoidance of doubt, Experts). Experts also agree to accept our Expert Agreement and follow additional Expert-specific terms.
For purposes of the Terms, all references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates with ProPass in any manner, and each of your heirs, assigns, and successors. If you use ProPass on behalf of an entity or other individual, you represent and warrant that you have the authority to bind that entity or individual, and to perform and otherwise undertake all of your obligations hereunder. Your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.
ProPass is a platform ("Platform") connecting verified professionals ("Experts") with audiences.
By creating an Account, you can browse Expert profiles, access free Expert Content, make Discovery Calls, and purchase ProPass Premium to unlock access to additional Expert content and services.
With the purchase of a ProPass Premium subscription, you will have access to all Expert Content and messaging across the Platform, as well as any discounts on Bookings that individual Experts choose to offer to Premium subscribers.
Packages are one-time purchases for digital products or services offered by individual Experts. Upon purchase of a Package, you will have access to direct messaging with that Expert for the duration of the Package. Packages are delivered asynchronously by the Expert. Some Packages include a revision option at the Expert's discretion. The number of permitted revisions, if any, is set by the Expert at the time of listing and displayed prior to purchase.
Bookings are paid one-on-one live sessions with Experts, available when offered by an individual Expert. Sessions are scheduled through the Platform and conducted virtually. Pricing and availability are set by each Expert.
Upon creating an Account, you will receive five (5) complimentary 15-minute calls with any Expert (each, a "Discovery Call"). There is a limit of one (1) Discovery Call per Expert. Once you have used all five (5) Discovery Calls, any call(s) to Experts are subject to the applicable rate(s).
To access the Platform, you must have an account on ProPass ("Account"). You must be at least 18 years old to create an Account. By creating an Account, (i) you agree to provide true, accurate, current and complete information about yourself, and maintain and promptly update the information to keep it true, accurate, current and complete; (ii) you represent that you are at least eighteen (18) years old; (iii) you are responsible for all activities that occur under your Account or are otherwise authorized by you in connection with your Account; (iv) you agree not to share your Account credentials or otherwise act to circumvent any account limitations, and you agree to notify us immediately of any unauthorized use of your Account; and (v) you agree not to create any Account or use our Platform if we have previously removed or banned you from the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account. By submitting your information and creating an Account, you agree to the ProPass Privacy Policy.
ProPass is a platform only. ProPass does not provide professional services. Experts are independent contractors, not ProPass employees.
No Professional Advice: Expert services, advice, instructions, recommendations, and other content (collectively, "Expert Content"), is educational and informational only. ProPass is not a medical, mental health, legal, financial, or emergency service. Expert Content should not in any event be deemed or understood as a recommendation, endorsement, guarantee or warranty by ProPass. Expert Content should not be intended as a substitute for professional medical, legal, financial or emergency judgment.
Emergencies: Call your local emergency number (e.g., 911 in the U.S.). Don't use ProPass for crisis situations.
Non-Regulated Focus: Experts provide services in non-regulated industries. ProPass does not accept licensed professionals in regulated fields (e.g., doctors, therapists, lawyers, financial advisors, etc.).
ProPass Premium is a monthly subscription that starts at $9.99/month (pricing may vary by region). Payment will be charged to the user's payment method at confirmation of purchase and at the beginning of each new billing cycle. By subscribing, you agree that we may charge your payment method on file for your subscription payments and for any purchases made during your subscription term.
We reserve the right to change our pricing and billing. In the event of a price change to an ongoing subscription, we will notify you in advance by sending an email to the email address associated with your Account. If you do not wish to accept a price change, you may cancel your subscription as set forth herein. If you do not cancel your subscription after the price change and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.
Pricing for Packages and Bookings are set by the Expert. Experts may offer discounts to ProPass Premium members on Bookings.
Tipping Experts is optional and discretionary. 100% of all tips goes to the Expert (subject to any payment processing fees).
ProPass may charge transaction fees. You agree to pay all fees and charges that are made to your Account and that you are responsible for the payment of these fees and charges.
Payments on ProPass are processed via Stripe (for Bookings across any platform) or Apple In-App Purchase (for ProPass Premium, Packages and Tips, on iOS). The following processing fees currently apply:
Changes to transaction fees may occur during your subscription term.
ProPass fees are exclusive of all taxes, levies or dues imposed by taxing authorities (collectively, "Taxes"). You are responsible for payment of all Taxes associated with your ProPass purchases or services.
Should you not authorize payment or are otherwise not current on your payments, ProPass may restrict your access to the Platform until your account becomes current and paid in full. ProPass reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with ProPass and/or retaining collection agencies or legal counsel.
There are no refunds for cancellation of ProPass Premium. You can cancel your ProPass Premium subscription at any time before the end of the then-current billing period and cancellation will take effect at the end of that billing period. You will continue to have access to ProPass Premium through the end of your then-current billing period. You can cancel your subscription through your iOS App Store subscription settings.
Packages may be refunded if cancelled prior to delivery (i.e., before the Expert marks it as "delivered"). Once a Package has been marked "delivered," all sales are final, including after any revision rounds have been completed or the permitted number of revisions has been exhausted.
Cancellation and refund policies for Bookings are set forth by each individual Expert. Check the Expert's cancellation policy prior to booking. If no cancellation policy is stated, then a Booking may be cancelled and fully refundable if cancelled at least twenty-four (24) hours prior to the date of the Booking.
There are no refunds for Tips.
For any questions on cancellations or refunds, please send an email to will@propassapp.com.
Your Content: As between us and you, you retain all intellectual property rights in and to the content you post on the Platform ("User Content"). By posting, you grant ProPass an irrevocable, non-exclusive, worldwide, royalty-free license to display and distribute your User Content on the Platform. You agree that your User Content does not infringe upon any third party's intellectual property rights and that you have secured or obtained all necessary rights and permissions, as necessary, from any third parties who may have rights to your User Content.
Our Content: All right, title and interest in and to the Platform, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, is referred to herein as "ProPass Content," and is and will remain the exclusive property of ProPass and its licensors. ProPass retains all intellectual property rights in the ProPass Content. Your use of the Platform under these Terms does not give you additional rights in the Platform or ownership of any intellectual property rights associated with the Platform, including, but not limited to, any rights to use ProPass' trademarks, logos, domain names, and other distinctive brand features.
Feedback: You may provide comments, suggestions or ideas about ProPass's products and services, including without limitation the Platform ("Feedback"). ProPass has no obligation to use such Feedback or to provide any attribution for such Feedback. You hereby grant to ProPass a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
Suspension/Termination: You agree that we may, in our sole discretion and without notice, a refund, or liability to you, restrict, suspend, or terminate your access to part or all of the Platform if we believe you are using or have used the Platform in violation of the Terms, applicable law or regulations, or in any manner other than for its intended purpose. We may remove any User Content, suspend your Account or terminate your Account if we reasonably believe you are in violation of our Community Guidelines.
Copyright Complaints: If you believe content on the Platform infringes your copyright, please submit a DMCA notice to will@propassapp.com.
Repeat Infringers: Accounts with repeated copyright violations will be terminated.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
ProPass is provided "AS IS" without any warranty of any kind and ProPass disclaims any and all promises, representations and warranties, whether express or implied, including any implied warranty of fitness for a particular purpose or use, merchantability or non-infringement. ProPass is not liable for:
You are ultimately responsible for assessing and verifying the identity and trustworthiness of an Expert and Expert Content. ProPass makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Expert.
IN NO EVENT WILL PROPASS OR ITS REPRESENTATIVES, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE PLATFORM, THESE TERMS OR ANY PROPASS SERVICES. PROPASS' TOTAL AGGREGATE MONETARY LIABILITY TO YOU WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (X) THE AMOUNT YOU PAID TO PROPASS IN THE SIX MONTHS IMMEDIATELY PRIOR TO THE CLAIM; AND (Y) ONE HUNDRED US DOLLARS ($100).
You agree to indemnify, defend and hold harmless ProPass for any and all loss, damages, costs, reasonable legal fees and expenses (including amounts paid in respect of settlements of litigation, judgments, fines or penalties, and legal fees and expenses reasonably incurred in connection with any pending or threatened litigation or proceeding) suffered in connection with any claim, allegation, investigation or other proceeding for: (a) gross negligence, fraud, or willful misconduct by you; (b) any breach by you of the Terms; (c) your misuse of the Platform; (d) your Expert Content or User Content as applicable; or (e) any violations or infringement of intellectual property rights by you.
Governing Law: The Terms are governed by the laws of the state of Delaware.
Informal Resolution: Contact us first at will@propassapp.com to resolve disputes informally.
Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration (not court), except for small claims court disputes under $10,000.
No Class Actions: You agree to resolve disputes individually, not as part of a class action.
Jury Waiver. YOU AGREE THAT BY USING THE PLATFORM YOU WAIVE THE RIGHT TO A TRIAL BY JURY.
We may update these Terms. Material changes will be announced in-app or via email. Continued use after changes means you accept the new Terms.
Your Right: You may stop using ProPass at any time.
Our Right: We may suspend or terminate your Account for violations of these Terms or our Community Guidelines. See Section 6 for additional detail on suspension and termination.
Effect: Upon termination, your right to use ProPass ends. Any outstanding payments will be processed in accordance with our refund policy in Section 5.
Our data practices are described in our Privacy Policy.
ProPass LLC
Email: will@propassapp.com
Website: propassapp.com