These Terms of Service (“Terms”) govern your access to and use of Proximity Hero’s software, applications, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

1. Eligibility & Acceptance

You must be at least 18 years old and capable of forming a binding contract to use the Services.

By creating an account, accessing the platform, or using any Proximity Hero features, you confirm that you meet these requirements and accept these Terms.

2. The Services

Proximity Hero is a proximity-based customer engagement platform designed to help businesses connect with customers in real time. Our Services may include, but are not limited to:

ProxiPass™ — digital loyalty passes

Pass Scanner — tools for validating and rewarding customers

ProxiPush™ — manual and location-triggered push notifications

Analytics Dashboard — insights, engagement metrics, and account tools

We reserve the right to modify, improve, or discontinue features at any time.

3. User Accounts & Security

To access certain features, you must create an account. You agree to:

Provide accurate and complete information

Maintain the confidentiality of your login credentials

Be responsible for all activity under your account

You must notify us immediately of any unauthorized access or security breach.

4. Subscriptions, Billing & Renewal

Proximity Hero operates on a subscription basis.

Pricing and features are available on our website

Subscriptions automatically renew unless canceled before the renewal date

You authorize us to charge your payment method on a recurring basis

Fees are non-refundable except where required by law

We may update pricing with reasonable prior notice.

5. Customer Data & Privacy

Your use of the Services is subject to our Privacy Policy.

We may collect and process:

Account and business information

Customer engagement data

Device and usage data

Location data (when explicitly opted in)

You are responsible for:

Obtaining any necessary consent from your customers

Complying with applicable data protection laws

6. Acceptable Use

You agree to use the Services only for lawful and legitimate business purposes.

You may not:

Violate any applicable law or regulation

Send deceptive, misleading, or unauthorized communications

Infringe on the rights of others

Interfere with or disrupt the platform

Reverse engineer, copy, or exploit the Services

We reserve the right to suspend or terminate accounts that violate these rules.

7. Location-Based Features

Certain features rely on geolocation data.

By using these features:

You acknowledge and consent to location-based functionality

You agree to obtain clear opt-in consent from your customers

You understand that location accuracy may vary

Proximity Hero is not responsible for inaccuracies or limitations of location data.

8. Intellectual Property

All rights, title, and interest in the Services—including software, branding, design, and content—are owned by Proximity Hero, LLC or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms. You may not:

Copy, reproduce, or distribute our content

Modify or create derivative works

Use our branding without prior written consent

9. Third-Party Services

The Services may integrate with or rely on third-party platforms or tools.

We are not responsible for:

Third-party services or content

Their availability, performance, or policies

Your use of third-party services is subject to their terms.

10. Disclaimer of Warranties

The Services are provided “as is” and “as available.”

To the fullest extent permitted by law, Proximity Hero disclaims all warranties, including:

Merchantability

Fitness for a particular purpose

Non-infringement

We do not guarantee:

Uninterrupted or error-free operation

Specific business results or outcomes

11. Limitation of Liability

To the maximum extent permitted by law:

Proximity Hero shall not be liable for any:

Indirect, incidental, or consequential damages

Loss of profits, revenue, data, or business opportunities

Our total liability for any claim shall not exceed the amount paid by you in the six (6) months preceding the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Proximity Hero, LLC from any claims, damages, or liabilities arising from:

Your use of the Services

Your violation of these Terms

Your violation of applicable laws or third-party rights

13. Suspension & Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if:

You violate these Terms

We suspect misuse or unlawful activity

You may cancel your subscription at any time through your account dashboard.

Upon termination:

Your access will be revoked

Certain data may be deleted in accordance with our policies

14. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we will provide notice via:

Email

In-app notification

Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in New Castle County, Delaware, under the rules of the American Arbitration Association. You agree to:

Waive the right to a jury trial

Waive participation in class actions

16. Contact Information

For legal or support inquiries, please contact:

Proximity Hero, LLC
1232 Choptank Road
Middletown, DE 19709

📧 [email protected]