Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Barmonteley INC, a company registered in the United States ("we", "us", "our"), which operates ProgSEO (also PSEO, at pseo.dev) (the "Service"). By creating an account, starting a trial, making a payment or otherwise using the Service, you agree to these Terms, our Privacy Policy, our Refund Policy and our Cookie Policy. If you use the Service for a company, you confirm you are authorized to bind it, and "you" includes that company.

Section 15 contains a binding arbitration agreement and a class action waiver. Please read it carefully.

You must be at least 18 years old and able to enter into a binding contract. The Service is intended for business and professional use. You may not use it if you are barred by law, located in a country subject to comprehensive U.S. sanctions, or listed on a U.S. government restricted-party list, or if we previously terminated your account.

ProgSEO uses artificial intelligence and data from your website and third-party sources to plan, generate, and optionally publish SEO content. We may add, change or remove features at any time. Features marked beta, preview or experimental are provided as they are and may change or be discontinued.

You must provide accurate information and keep your login credentials secure. You are responsible for all activity under your account. Tell us at [email protected] immediately if you suspect unauthorized access. Creating multiple accounts to obtain additional free trials or discounts is not allowed.

• Free trial. New customers may receive a free trial with limits shown at sign-up. One trial per customer.
• Automatic renewal. Paid plans are subscriptions that renew automatically at the end of each billing period at the then-current price, and your payment method is charged each period until you cancel. If you add a payment method during a trial, the first charge happens when the trial ends unless you cancel before then. Introductory prices apply only to the period stated in the offer.
• Cancellation. You can cancel anytime in your account billing settings. Cancellation takes effect at the end of the current billing period.
• Price changes. We may change prices. For existing subscriptions, we will give you at least 30 days' notice, and the new price applies from your next renewal after the notice period.
• Payment processing. Payments are processed by Stripe. You authorize us and Stripe to charge your payment method. Prices exclude taxes unless stated; you are responsible for applicable taxes.
• Refunds. Payments are non-refundable except as described in our Refund Policy.
• Failed payments and chargebacks. If a payment fails or is disputed, we may suspend paid features until it is resolved. Please contact us before filing a chargeback.

Ownership. You keep ownership of the data, text, images and other materials you provide ("Your Content"). As between you and us, you own the content the Service generates for you ("Output"), to the extent the law allows ownership of AI-generated content.

License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Your Content and Output only as needed to provide, secure and improve the Service, including through the service providers listed in our Privacy Policy. This license ends when the content is deleted from the Service, except for copies in backups kept for a limited time.

Your responsibility. You confirm you have all rights needed to provide Your Content and to connect the websites and accounts you add. You are solely responsible for Output you publish, including its accuracy, legality, compliance with advertising, consumer protection and intellectual property laws, and the images, quotes, prices and links it contains.

• AI can produce content that is inaccurate, incomplete, outdated or similar to content produced for other users. Output is not professional, legal, medical or financial advice.
• You must review Output before publishing it. If you enable automatic publishing, content is published to your website without manual review, and you accept responsibility for it.
• We do not guarantee any search engine rankings, traffic, indexing, AI assistant citations, leads or revenue. Search engines and AI platforms change their systems independently of us.
• Output may include images from stock libraries or screenshots of public web pages. You are responsible for confirming that their use on your website is appropriate.

The Service works with third-party services such as WordPress, webhooks, Google Search Console and Stripe. When you connect them, you authorize us to access and act on them as needed to provide the features you enable, including publishing content to your website. Third-party services are governed by their own terms, and we are not responsible for their availability, changes or actions. You can disconnect an integration at any time.

You agree not to:

• Use the Service for anything illegal, fraudulent, deceptive, defamatory, hateful, sexually explicit involving minors, or infringing on others' rights.
• Generate spam, doorway pages, malware, phishing pages or content designed to manipulate search engines in violation of their guidelines.
• Impersonate any person or organization, or publish content about real people that you have no right to publish.
• Upload sensitive personal data without a lawful basis.
• Interfere with, overload, probe or bypass the security or usage limits of the Service.
• Scrape, copy, reverse engineer or resell the Service, or use it or its Output to build or train a competing product or AI model.
• Use our name or trademarks, including in paid search ads, without our written permission.

The Service, including its software, design, templates, prompts and trademarks, belongs to us and our licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your business during your subscription, subject to these Terms. If you send us feedback, we may use it without obligation to you.

If you believe content hosted through the Service infringes your copyright, email [email protected] with the content's location, a description of the work, your contact details, a statement of good-faith belief that the use is unauthorized, and a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act. We may remove the content and terminate repeat infringers.

You can stop using the Service at any time and ask us to delete your account by emailing [email protected]. We may suspend or terminate your access, with or without notice, if you breach these Terms, create risk or legal exposure for us or others, fail to pay, or if we discontinue the Service. If we terminate without cause, we will refund the unused portion of prepaid fees. After termination, we may delete your data as described in our Privacy Policy. Sections that by their nature should survive termination will survive.

The Service and all Output are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Service will be uninterrupted, error-free or secure, or that it will achieve any particular result.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, traffic, rankings, data, goodwill or business opportunities, even if advised of their possibility. Our total liability for all claims relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid us in the 12 months before the event giving rise to the claim, or (b) US $100.

Some jurisdictions do not allow certain exclusions or limits, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

• Informal resolution first. Before starting a formal proceeding, the party with a dispute must send the other a written description of it (to us at [email protected]) and both parties will try in good faith to resolve it for 30 days.
• Binding arbitration. Any dispute that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable rules, conducted in English, by videoconference or in Wilmington, Delaware. Judgment on the award may be entered in any court with jurisdiction.
• Exceptions. Either party may bring an individual claim in small claims court, or seek an injunction in court to protect intellectual property or stop misuse of the Service.
• Class action and jury waiver. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective or representative proceeding. You and we waive the right to a jury trial.
• Opt-out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms.

If the class action waiver is found unenforceable for a claim, that claim will be decided in court and not in arbitration. This Section does not remove mandatory rights consumers may have under the laws of their country of residence.

These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict of law rules. Subject to Section 15, the state and federal courts located in Delaware have exclusive jurisdiction.

You will defend, indemnify and hold harmless Barmonteley INC and its officers, employees and contractors from any claims, damages, losses and expenses, including reasonable legal fees, arising from Your Content, the Output you publish, your websites, your use of the Service, or your breach of these Terms or of any law or third-party right.

We may update these Terms. For material changes we will notify you by email or in the Service at least 30 days before they take effect. If you do not agree, you may cancel before the changes take effect; continuing to use the Service after that date means you accept the updated Terms.

• These Terms, together with the policies referenced in Section 1, are the entire agreement between you and us about the Service.
• If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest will remain in effect.
• Our failure to enforce a provision is not a waiver of it.
• You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• We are not liable for delays or failures caused by events beyond our reasonable control, including outages of third-party providers.
• We may send you notices by email to the address on your account.

Barmonteley INC
1521 Concord Pike, Ste 301 #279, Wilmington, DE 19803, United States
Phone: +1 (505) 581-6209
Email: [email protected]