Proova.com Customer Agreement
1. How to read this Agreement
This Agreement contains 25 sections. You may go directly to any section by selecting the appropriate link provided. The headings are for reference only. Some capitalised terms have specific definitions in section [3].
2. Why you should read this Agreement
2.1 What this Agreement cover. These are the term and conditions on which we provide our Services to you.
2.2 Why you should read them. Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tell you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in this Agreement or require any changes, please contact us to discuss.
2.3 Other additional documents which applies to you. This Agreement refers to the following additional documents, which also apply to your use of our Services:
a)	Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing and you promise that all data provided by you is accurate.
b)	Our Cookie Policy, which sets out information about the “cookies” on our Website.
c)	Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Services.
d)	Our Frequently Asked Questions ("FAQ") which provides answers to common customer questions.
e)	In order to receive some of our Services, you may be asked to agree to additional terms and conditions (including those referred to in section [30]) which we will notify you at the relevant time.
2.4 Future changes to this Agreement. All future changes set out in the Customer Updates section of our Website at the time you sign-up for our Services are incorporated into this Agreement.
2.5 You accept this Agreement. By visiting our Website and/or using our Services (including downloading and using our App, or via a social media platform), you confirm that you accept and agree to this Agreement (including the Customer Updates and the additional documents referred to above). If you do not agree, please do not use our Services.
2.6 Where to get a copy of this Agreement. You can always see the most current version of this Agreement on our Website. If you want a paper copy of this Agreement, please contact Consumer Support.
3. Glossary
In this Agreement:
•	App means the mobile application software, the data supplied with the software and the associated media.
•	Image means any data, document or video held in your Proova.com Account.
•	Business Day is a day other than a Saturday, Sunday or a public holiday in England when financial institutions in London are open for business.
•	Group Company means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity.
•	Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website).
•	Transaction means any recorded data not limited to images, serial numbers or other data however derived.
•	Website means any webpage, including but not limited to www.Proova.com, where we provide the Services to you.
4. Proova.com App
4.1 App subject to this Agreement and the Appstore Rules. We license the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any appstore provider or operator whose sites are located at App Store and Google Play ("Appstore Rules"). We do not sell the App to you. We remain the owners of the App at all times.
4.2 App updates. From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.
4.3 Your right to use the App. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on your device subject to this Agreement and the Appstore Rules. We reserve all other rights.
5. Who are we and how to contact us
5.1 Our company information. Proova.com is the trading name of Morphing Limited, a company incorporated under the laws of England and Wales with company number 11782778 ("Proova.com", "we", "us", or "our" as applicable).
5.2 Our UK Registered office. Our registered office is The Hub, 10-12 Marine Parade, Paignton, England, TQ3 2NU, United Kingdom.
5.3 How to contact us. You can contact us by email, web chat or telephone.
6. Who can use our Services
6.1 You must be 18 years or over. If you are an individual, you must be 18 years or older to use our Services and by opening a Proova.com Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.
6.2 You must have authority to bind your business. If you are not a consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.
6.3 Your use of the Proova.com Account must not violate any applicable laws. You commit to us that your opening and/or using of a Proova.com Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
7. Your Proova.com Account
7.1 About your Proova.com Account
a.	Your Proova.com Account allows you to hold, send or receive electronic images video and insurance claims data.
b.	You may withdraw images or data from your Proova.com Account at any time subject to certain conditions, which may be varied from time to time.
c.	Certain access may be placed on your Proova.com Account depending on your country of residence, verification checks or other legal considerations. Please contact us if you have any questions about access.
d.	The images held on your Proova.com Account belongs to the person or legal entity which is registered as the Proova.com Account holder.
e.	Unless you have our consent in writing, you must not allow anyone to operate your Proova.com Account on your behalf.
8. Getting started
8.1 Open a Proova.com Account. To start using our Services, you must open a Proova.com Account and provide your details as prompted.
8.2 Information must be accurate. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We can not be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
8.3 Transacting on your own account. All activities under a Proova.com Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
8.4 One account per person or entity. You may only open one Proova.com Account unless we have agreed in writing the opening of additional accounts. Proova.com may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Proova.com may close or merge these duplicate accounts at its sole discretion.
9. Getting to know you
9.1 We are required to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient) in order to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Proova.com Account with us or in the event of a dispute relating to this Agreement and activity under your Proova.com Account.
10. Keep your Proova.com Account safe
10.1 Keep your Proova.com Account safe
10.1.1 What to do. You must:
a)	Change your password regularly and ensure that it isn’t reused across other online accounts.
b)	Contact Customer Support if anyone asks for your Proova.com password.
c)	Always follow recommended password management practices.
d)	Set up 2-step authentication where prompted (for further instructions please refer to our FAQ).
e)	Keep your e-mail account secure. Your may reset your Proova.com Account password using your email address. Let Customer Support know immediately if your email address becomes compromised.
10.1.2 What NOT to do. You must NOT:
a)	(a) Disclose your Proova.com Account password or your customer reference number (which starts with the letter P followed by a series of numbers). Keep them safe.
b)	(b) Let anyone access your Proova.com Account or watch you accessing it.
c)	(c) Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherProova.com recorded.
d)	(d) Do anything which may in any way avoid or compromise the 2-step authentication process if applied or available.
10.2 Contact us if you suspect your Proova.com Account has been compromised. If you suspect your Proova.com Account or other security credentials are stolen, lost, used without your authorisation or otherProova.com compromised, you must contact Customer Support immediately, you are also advised to change your password. Any undue delays in notifying us may affect the security of your Proova.com Account and also result in you being responsible for any losses however derived.
11. Card Payments & AVS Checks on your Proova.com Account
11.1 As part of Proova.com identification checks you may be required to make a payment not greater than £10GBP at the prevailing exchange rate for the purposes of Proova App access and address verification. For clarity, in a payment or AVS check transaction, we are the recipient of funds and not the payment services provider.
11.2 Payment Methods. You may be presented with one or more methods of payment for example, cryptocurrency, credit cards or debit cards (in this Agreement, we will call these methods “Payment Methods”). The Payment Methods made available to you will depend on a number of factors including where you live and your verification status with us. Payment methods are not part of our Services, they are services provided by third parties for example, the card provider which issued you with your credit/debit card. We cannot guarantee the use of any particular Payment Method and may change or stop offering a Payment Method at any time without notice to you.
11.3 Payment instrument must be in your name. Any payment instrument (for example, the credit card or debit card) you use with your chosen Payment Method must be in your name.
11.4 Chargebacks on your payment instrument. If you selected a Payment Method which gives you chargeback rights (for example in relation to your credit card, you may ask your card provider to reverse a transaction on your card), you promise that you will only exercise this chargeback right if:
a)	we have breach this Agreement; or
b)	there was an unauthorised use of your payment instrument.
You promise that you will not exercise your chargeback right for reasons which we are not responsible, including a dispute with your insurer or there is insufficient funds in your payment instrument. If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so and may deduct such amount from your Payment Method attached to your Proova.com Account.
11.5 In some instances we will reverse a Payment made for an AVS check. For some Payment Methods such as credit or debit card, we will re credit the money to Credit or Debit Card Account as soon as possible subject to our right of reversal. 
12. Maintaining your Proova.com Account
12.1 Transaction history is displayed on your Proova.com Account. All your transactions (including your current data, images you have uploaded, received, sent and/or downloaded) are recorded in the transaction history section of your Proova.com Account. You may access this information after you have login into your Proova.com Account. We have allocated a reference number to each transaction, you should quote this reference number when communicating with us about a particular transaction.
12.2 Check your Proova.com Account regularly. You must check your Proova.com Account regularly and carefully and contact us immediately if you don’t recognise a transaction. 
13. How much will you pay?
13.1 You must pay our fees. You must pay the fees in connection with the use of our Services. We will not process your transaction until we have received the fees from you.
13.2 You can see our fee structure on the Pricing page. We will let you know the exact amount payable by you when you set up your order. You can see our fee structure on the "Pricing" page. For clarity, the fees applicable to you as set out on the "Pricing" page forms part of this Agreement which may be subject to change as set out in section 21.
13.3 We can make deductions from your Proova.com Account. You agree that we are authorised to deduct our fees, any applicable reversal amounts, and/or any amounts you owe us from your Proova.com Account. If you don’t have enough money in your Proova.com Account to cover these amounts, we may refuse to execute the relevant transaction or provide any Services to you.
14. Closing your Proova.com Account
14.1 You may close your Proova.com Account at any time. You may end this Agreement and close your Proova.com Account at any time by contacting our Customer Support.
14.2 You should withdraw your data within a reasonable time. At the time of closure, if you still have data in your Proova.com Account, you must withdraw your data within a reasonable period of time After a reasonable period of time, you will no longer have access to your Proova.com Account, but you can still withdraw your data by contacting Customer Support. You have the right to do this for a period of 6 years from the date your Proova.com Account is closed.
14.3 You must not close your Proova.com Account to avoid an investigation. You must not close your Proova.com Account to avoid an investigation. If you attempt to close your Proova.com Account during an investigation, we may hold your data until the investigation is fully completed in order to protect our or a third party’s interest.
14.4 You are responsible for your Proova.com Account after closure. You agree that you will continue to be responsible for all obligations related to your Proova.com Account even after it is closed.
15. Intellectual property rights
15.1 While you are using our Services, you may use the Proova.com Materials only for your personal use and solely as necessary in relation to those Services.
15.2 "Proova.com Materials" include any software (including without limitation the App, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you for download from our Website. You may not, and may not attempt to, directly or indirectly:
a)	transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Proova.com Materials to any person or entity;
b)	remove, obscure, or alter any notice of any of our trade marks, or other "intellectual property" appearing on or contained within the Services or on any Proova.com Materials;
c)	modify, copy, tamper with or otherProova.com create derivative works of any software included in the Proova.com Materials; and
d)	reverse engineer, disassemble, or decompile the Proova.com Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Proova.com Materials or as part of the Services.
16. Our responsibility for loss or damage by you
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your account sign up process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employee agents or subcontractors; for fraud or fraudulent misrepresentation.
16.3 We are not liable for business losses. If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.4 We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material related to your use of our Services.
16.5 We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.
16.6 Our liability to you for unauthorised payments or our mistake. In case of an unauthorised payment or mistake due to our error, we shall at your request immediately refund the payment amount including all fees deducted by us. This shall not apply:
a)	where the unauthorised payment arises from your failure to keep the personalised security features of your Proova.com Account safe in which case you shall remain liable for the first GBP 50 unless section (c) below applies;
b)	if you do not quickly notify us of security issues on your Proova.com Account (e.g. loss of your password), you remain liable for losses incurred up to your notification to us;
c)	if the transaction was unauthorised but you have compromised the security of your Proova.com Account with intent or gross negligence in which case you shall be solely liable for all losses; or
d)	if you don’t let us know about the unauthorised or incorrectly completed transaction within 13 months from the date when you sent your payment order.
Section 16.6 (a) above shall not apply to transactions made after you have notified us in accordance with section 10.2 in which case we shall remain liable and refund any unauthorised transaction immediately to you.
16.7 You are responsible for checking your Proova.com Account regularly. We rely on you to regularly check the transactions history of your Proova.com Account and to contact Customer Support immediately in case you have any questions or concerns.
10.8 We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
16.9 You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
16.10 What happens if you owe us money. In the event you are liable for any amounts owed to us, we may immediately remove such amounts from your Payment Method (if available). If there are insufficient funds in your Payment Method to cover your liability, we reserve the right to collect your debt to us by using any lawful means necessary unless you agree to reimburse us through other means. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.
17. Accessing our services
17.1 We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services.
18. Information security
18.1 You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or virus.
18.2 You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.
19. Linking to our site
19.1 You may link to our Website provided you follow certain rules. You may link to our Website, provided:
a)	you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
b)	you do not suggest any form of association, approval or endorsement on our part where none exists;
c)	you do not frame our Website on any other site; and
d)	the website complies our Acceptable Use Policy which may vary from time to time.
We reserve the right to withdraw linking permission without notice.
20. When we can end this Agreement or suspend our Services
20.1 We may end this Agreement by giving you two months notice. We may end this Agreement and close your Proova.com Account or any service associated with it by giving you two months’ prior notice.
20.2 We may suspend or close your Proova.com Account without notice in certain circumstances. We may at any time suspend or close your Proova.com Account and/or end this Agreement without notice if:
a)	you breach any provision of this Agreement or documents referred to in this Agreement;
b)	we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
c)	we have reason to believe you are in breach of any applicable law or regulation; or
d)	we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
20.3 We may suspend your Proova.com Account for security reasons. We may suspend your Proova.com Account or restrict its functionality if we have reasonable concerns about:
a)	the security of your Proova.com Account; or
b)	suspected unauthorised or fraudulent use of your Proova.com Account.
20.4 We will give you notice of suspension where possible. We will give you prior notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
20.5 You can not use the App if this Agreement ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.
21. Our right to make changes
21.1 We may change this Agreement by giving you at least two (2) months’ prior written notice. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
21.2 In some instances, we may change this Agreement immediately. Despite section 21.1, changes to this Agreement which are (1) more favourable to you; (2) is required by law; or (3) relates to the addition of a new service, extra functionality to the existing Service; or (4) any other change which neither reduces your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.
22. Sharing your Stored Data
22.1 Following an insurance claim or when you hire a vehicle you may request to share data with the supplier or insurance company. We will do this at your request and provide direct access to it. 
22.2 Following sharing of data with a 3rd party at your request we are no longer responsible for its security or how it maybe used and you may then be subject to the terms and conditions of a 3rd party for which Proova.com cannot be held liable. Proova.com is not responsible for the actions of the 3rd party in respect of use or storage of your data. 
22.3 In the event a 3rd party who has been legitimately shared your data is subject to a data breach you indemnify Proova.com fully against all and any claims however derived due to the breach. 
23. How we may contact you
23.1 We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your Proova.com Account profile. You should check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this.
23.2 Other ways we may contact you. In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may also communicate with you via SMS. Any communications or notices sent by:
a)	Email will be deemed received by you on the same day if it is received in your email inbox before 5pm on a Business Day. If it is received in your email inbox after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
b)	Post will be deemed received three days from the date of posting for UK post or within five days of posting for international post.
c)	SMS will be deemed received the same day.
23.3 Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.
23.4 If you need a copy of the current Agreement or any other relevant document, please Customer Support.
23.5 This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them are official.
24. Complaints
24.1 If you have any complaints about us or our Services, you may contact us following our customer complaint procedure.
25. Other important terms
25.1 Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement any other person in order to end or make any changes to this Agreement.
25.2 We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement (including the Proova.com Account) without our prior written consent. We reserve the right to transfer, assign or novate this Agreement (including the Proova.com Account) or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Proova.com Account under section 10.
25.3 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25.4 Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
25.5 This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and Proova.com, whether written or oral, relating to its subject matter.
25.6 Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by English law. Any dispute between you and us in connection with your Proova.com Account and/or this Agreement may be brought in the courts of England and Wales.