Terms of Service

Effective date: January 1, 2025

Please read these terms carefully. By using Pro Black, you agree to be bound by these terms.

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Welcome to Pro Black ("we", "our", "us", or "Company"). These Terms of Service ("Terms") govern your access to and use of the Pro Black mobile application ("App") and all related services, features, and functionality provided through the App. By downloading, installing, or using Pro Black, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Agreement to Terms

Your acknowledgment and acceptance of our terms and conditions.

By using Pro Black, you agree to comply with all terms, policies, and guidelines set forth in this agreement. Your continued use of the App constitutes your acceptance of these Terms. If any part of these Terms is unacceptable to you, you must immediately discontinue use of the App. We reserve the right to modify these Terms at any time. Changes will become effective immediately upon posting to the App. Your continued use following any modifications indicates your acceptance of the updated Terms.

2. User Eligibility

Who is eligible to use Pro Black services.

2.1 Age Requirements

You must be at least 18 years of age to use Pro Black, or the age of majority in your jurisdiction, whichever is greater. If you are under the required age, you may not use the App. By using Pro Black, you represent and warrant that you meet this age requirement.

2.2 Account Creation

To access certain features of Pro Black, you may be required to create an account. You warrant that all information provided during registration is accurate, current, and complete. You agree to update your information as necessary to maintain its accuracy.

2.3 Legal Authority

You represent that you have the legal authority to enter into this agreement and that using Pro Black does not violate any applicable laws or regulations in your jurisdiction.

3. User Accounts & Passwords

Responsibilities for account management and security.

3.1 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials, including your password and email address. You agree to accept responsibility for all activities that occur under your account. If you suspect unauthorized access to your account, you must notify us immediately.

3.2 Password Security

  • Create a strong, unique password that you do not use for other services
  • Never share your password with anyone, including Pro Black staff
  • Log out of your account when using shared devices
  • Change your password regularly and immediately if you suspect compromise

3.3 Account Termination

You may request to delete your account at any time through the App settings. Upon deletion, we will cease collecting data associated with your account, though historical data may be retained as required by law or for legitimate business purposes.

4. User Conduct & Prohibited Activities

Standards of behavior and activities strictly prohibited on Pro Black.

You agree NOT to engage in any of the following activities:

Illegal Activities

Any activity that violates local, state, national, or international laws and regulations.

Harassment & Abuse

Harassing, threatening, bullying, or abusing other users or Pro Black staff members.

Discrimination

Discriminatory or hateful conduct based on race, color, religion, gender, sexual orientation, disability, or national origin.

Fraudulent Activity

Fraud, deception, misrepresentation, or any misleading conduct.

Intellectual Property Infringement

Infringing on copyrights, trademarks, patents, or other intellectual property rights.

Unauthorized Access

Attempting to gain unauthorized access to the App, its systems, or other users' accounts.

Malicious Code

Uploading, transmitting, or distributing viruses, malware, or any harmful code.

Spam & Abuse

Posting spam, phishing attempts, or unsolicited communications.

5. Intellectual Property & Content

Rights and responsibilities regarding content and intellectual property.

5.1 Pro Black Intellectual Property

All content, features, and functionality of Pro Black, including but not limited to text, graphics, logos, images, software, and trademarks, are the exclusive property of Pro Black or its licensors. You are granted a limited, non-exclusive, non-transferable license to use Pro Black solely for your personal, non-commercial use.

5.2 User-Generated Content

By posting, uploading, or submitting any content to Pro Black, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, translate, distribute, and display such content.

You represent and warrant that you own or have the necessary rights to any content you submit, and that your submission does not infringe upon any third-party rights.

5.3 No License to Reproduce

Except as expressly permitted by these Terms, you may not reproduce, distribute, transmit, publish, or otherwise exploit any content from Pro Black without our prior written consent.

6. Service Modifications & Availability

How we may modify or change our services.

6.1 Right to Modify

Pro Black reserves the right to modify, suspend, or discontinue the App or any features thereof at any time, with or without notice. We are not liable for any modifications, suspension, or discontinuation of the service.

6.2 Maintenance & Downtime

Pro Black may temporarily suspend access to the App for maintenance, updates, or other necessary purposes. We will attempt to provide advance notice when possible, but do not guarantee notice.

6.3 No Warranty

The App is provided on an "AS IS" and "AS AVAILABLE" basis. We do not warrant that the App will be error-free, uninterrupted, or always available. Your use of the App is at your own risk.

7. Limitation of Liability & Disclaimers

Limitations on our liability and warranty disclaimers.

7.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRO BLACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRO BLACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 Maximum Liability

Our total liability for any claim arising out of or related to these Terms or the App shall not exceed the total amount you paid to Pro Black in the twelve months preceding the claim, or $100, whichever is greater.

Note: Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. If such restrictions do not apply in your jurisdiction, the limitations above will apply to the maximum extent permitted by law.

8. Dispute Resolution & Arbitration

How disputes between you and Pro Black will be resolved.

8.1 Informal Resolution

In the event of a dispute, you agree to first attempt to resolve the matter informally by contacting Pro Black at info@problack.co.

8.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by an independent arbitrator. The arbitration shall be governed by the rules of arbitration applicable in the jurisdiction where you reside.

8.3 Class Action Waiver

You agree that any arbitration or legal action shall be conducted on an individual basis and not as a class action, representative action, or collective action. You waive the right to participate in any class action against Pro Black.

8.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law principles.

9. Termination & Account Suspension

Conditions under which your account may be terminated.

9.1 Termination by You

You may terminate your account at any time by deleting the App and following the account deletion process through the App settings.

9.2 Termination by Pro Black

Pro Black may suspend or terminate your account and access to the App immediately, without notice or liability, if:

  • You violate these Terms or any applicable laws
  • You engage in fraudulent or illegal activity
  • You harass or threaten other users
  • You repeatedly violate our community guidelines

9.3 Effect of Termination

Upon termination, all rights granted to you under these Terms will immediately cease. You remain liable for any outstanding obligations or liabilities incurred prior to termination.

10. Contact Information

How to reach us with questions or concerns about these terms.

If you have any questions about these Terms of Service, please contact us at:

Address

3009 Sweet Gum Lane, Williamsburg, VA 23185

Last Updated: January 1, 2025
Version: 1.0