proxigenta

Terms of Service

Effective date: July 14, 2026Operated by Elevate Arts, LLC

These Terms of Service (the “Terms”) are a binding agreement between you (“you” or “user”) and Elevate Arts, LLC (“Elevate Arts,” “Proxigenta,” “we,” “us,” or “our”), the operator of the proxigenta website, web application, and desktop software. They govern your access to and use of the proxigenta website at www.proxigenta.com (the “Site”), the proxigenta web application at app.proxigenta.com (the “App”), the proxigenta desktop agent (the “Agent”), and any related features, content, and services (together, the “Service”).

Please read these Terms carefully. By creating an account, installing the Agent, clicking to accept, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.

1. Acceptance and Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that the information you provide is accurate and complete. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to that organization.

2. The Service

proxigenta helps remote and traveling professionals reassure their contacts during an internet or connectivity outage. In general terms, the Service works as follows:

• Monitoring. The Agent, installed on your computer, periodically checks in with our servers (currently about every five minutes). If your device stops checking in for longer than a configurable threshold, the Service treats your device as offline.
• Check-in. When an outage is detected, the Service emails you a check-in message with a link you can use to confirm you are online and stop any notifications to your contacts.
• Contact notifications. If you do not respond within a grace period you control, the Service sends your designated contacts the outage messages you have configured, followed by optional status updates and an “all-clear” message when your device reconnects.
• Controls. The Service includes features such as Ghost mode (temporarily silencing all notifications), Online Hours (limiting monitoring to a schedule and time zone), scheduled time-away windows and holiday calendars, adjustable thresholds and per-message alert timing, customizable message templates, contact management, a manual alert trigger and test alerts, push notifications, an optional shareable status page showing a single online/outage indicator, optional region notes drawn from public outage and disaster feeds, optional calendar-based alert gating, and optional outbound webhook integrations.

The Service is provided as software-as-a-service together with downloadable software (the Agent). Features, thresholds, defaults, and supported platforms may change over time. The Agent currently supports macOS; support for other operating systems may be offered in the future but is not guaranteed.

3. Beta and Early Access

The Service is currently offered as a closed beta and/or early-access release. It may contain bugs, errors, and incomplete features, may be unavailable or interrupted, and may change or be discontinued at any time. Beta access may be provided free of charge or at a reduced price. We make no representations or warranties of any kind regarding the beta Service, and you use it at your own risk. We may add, modify, suspend, or remove features, usage limits, or pricing for beta participants at any time without liability.

4. Accounts and Sign-In

Access to the App requires an account. The Service uses passwordless, “magic link” sign-in: we email a single-use link to the address associated with your account. You are responsible for maintaining control of, and the security of, the email account you use to sign in, and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use. We are not liable for any loss arising from unauthorized access to your email or account that is not caused by our gross negligence or willful misconduct.

5. Your Contacts and Notifications

The Service lets you add contacts (such as colleagues, clients, family, or friends) and send them automated notifications on your behalf. To protect your contacts, the Service uses an explicit opt-in process: when you add a contact, we ask that person to confirm their consent before any alert is sent to them, and a contact who does not confirm is never contacted. Every message includes a one-click unsubscribe link. If a contact unsubscribes or reports a message as spam, we update their status and stop sending to them automatically; if a contact’s address bounces, we record a delivery issue and surface it to you so you can correct it. Because those notifications go to third parties, you agree that:

• Consent. You have a proper basis to add each contact and to invite them to receive proxigenta notifications. The Service will seek each contact's confirmation before sending them alerts, but you remain responsible for ensuring it is appropriate to add the people you enter, and you will promptly remove any contact who asks not to be contacted.
• Accuracy. You are responsible for ensuring the contact information you enter is accurate and that you are authorized to use it.
• Message content. You are solely responsible for the content of any message templates and variables you customize. You will not include unlawful, deceptive, harassing, infringing, or harmful content, and you will not use the Service to send spam.
• Compliance. You will comply with all applicable laws governing electronic communications, including anti-spam laws such as the U.S. CAN-SPAM Act and, for any future SMS or messaging features, the Telephone Consumer Protection Act (TCPA) and applicable carrier and messaging-platform rules.

Notifications are currently delivered by email. SMS, WhatsApp, and other channels are planned for future paid tiers and, where offered, will require additional consent from you and your contacts and may be subject to additional terms and fees. We may set or change limits on the number of contacts, messages, or notifications permitted. If you enable the optional status page, anyone who has its link can see whether an outage is currently detected; you are responsible for deciding whom to share the link with. If you configure an outbound webhook, you are responsible for the destination you choose and for how it handles the data delivered to it.

6. Acceptable Use

You agree not to, and not to permit anyone to:

• use the Service for any unlawful, fraudulent, harassing, or harmful purpose;
• send unsolicited, deceptive, or bulk messages, or impersonate any person or entity;
• interfere with, overload, probe, or attempt to gain unauthorized access to the Service, our systems, or other users' accounts or data;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service except to the extent that restriction is prohibited by law;
• circumvent usage limits, rate limits, authentication, or security features;
• resell, sublicense, or commercially exploit the Service except as expressly permitted; or
• use the Service in any high-risk setting described in Section 9.

7. Fees, Subscriptions, and Billing

Paid plans (such as the Basic plan) are billed on a recurring subscription basis at the prices shown at purchase. Payments are processed by our third-party payment provider, Lemon Squeezy, which acts as our authorized reseller and Merchant of Record. Your purchase is also subject to Lemon Squeezy's terms, and Lemon Squeezy (not Elevate Arts) is responsible for processing payments, charging applicable taxes, and handling certain billing matters.

• Renewal. Subscriptions automatically renew for successive periods at the then-current price until cancelled. You authorize recurring charges until you cancel.
• Cancellation. You may cancel at any time through the customer portal or by contacting us. Cancellation stops future renewals; access generally continues until the end of the paid period.
• Taxes. Prices may exclude applicable taxes, which may be added at checkout.
• Price changes. We may change prices and plan features on a prospective basis, with notice as required by law.
• Refunds. Except where required by law or expressly stated, fees are non-refundable. Any refund or chargeback handling may be governed by the Merchant of Record's policies.

During the closed beta, the Service may be provided to invited users at no charge. We may begin charging for the Service, or end free access, on a prospective basis with notice.

8. Desktop Agent License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Agent on devices you own or control, solely to use the Service. The Agent may check in with our servers, communicate your device's online status and related signals you enable (such as battery and power state, sleep and shutdown events, optional coarse location, and optional calendar availability). You may not redistribute, modify, or reverse engineer the Agent except as permitted by law. We may release updates, and your continued use may require installing them. The Agent runs on your device under your operating system's permissions; you are responsible for installing it only on devices you are authorized to use.

9. No Emergency Service; No Guarantee of Detection or Delivery

proxigenta is not a substitute for emergency services, medical alert systems, security or alarm monitoring, or any safety-of-life service. It does not contact police, fire, medical, or other emergency responders. Do not use the Service as your sole or primary means of obtaining help in an emergency.

You acknowledge and agree that the Service depends on many factors outside our control and may fail to detect an outage, may detect an outage that has not occurred (a false positive), and may delay, fail to deliver, or misdeliver notifications. Causes include, without limitation: your device being asleep, powered off, or in a low-power state; the Agent being closed or uninstalled; loss of power or internet on your device or our infrastructure; email or messaging providers delaying, filtering, or blocking messages; incorrect contact information or settings; scheduled monitoring windows; scheduled time away and holiday calendars; calendar-based alert gating, if enabled; Ghost mode; and outages of third-party services. You assume all risks associated with relying on the Service and agree not to use it in any circumstance where a missed, delayed, or erroneous notification could lead to injury, death, property damage, or other loss.

10. Third-Party Services

The Service relies on third-party providers, including cloud hosting and database services (such as Google Cloud), email delivery services (such as SendGrid), payment processing (Lemon Squeezy), public data sources used for optional region notes (such as government weather and seismic feeds and internet-outage monitors), any webhook destinations you configure, and, in the future, messaging providers. Your use of the Service may be subject to those providers' terms, and we are not responsible for their acts, omissions, availability, or performance. The Site or App may contain links to third-party websites or resources that we do not control and do not endorse.

11. Your Content and License to Us

“Your Content” means the information you submit to the Service, such as your name, email, contact list, message templates, schedules, and settings. You retain ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely to operate, provide, secure, and improve the Service, including delivering notifications to your contacts on your behalf. You represent that you have the rights necessary to grant this license and that Your Content does not violate these Terms or any law or third-party right.

12. Intellectual Property

The Service, including the Site, App, Agent, and all related software, designs, text, graphics, logos, and other materials (excluding Your Content), is owned by Elevate Arts or its licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights. “Proxigenta” and associated logos are our marks; you may not use them without our prior written permission.

13. Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy. We aim to collect only the information needed to provide the Service, such as your account email, your contacts' email addresses, your message content, and your device's check-in status. By using the Service, you consent to our processing of information as described in the Privacy Policy.

14. Suspension and Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you have violated these Terms, to protect the Service or other users, to comply with law, or if we discontinue the Service. Upon termination, your license to use the Service ends. Sections that by their nature should survive termination (including Sections 7, 9, 11–12 and 15–19) will survive.

15. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE, THAT OUTAGES WILL BE DETECTED, OR THAT NOTIFICATIONS WILL BE DELIVERED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ELEVATE ARTS AND ITS OWNERS, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR REPUTATION, OR FOR ANY HARM RESULTING FROM A MISSED, DELAYED, ERRONEOUS, OR UNDELIVERED NOTIFICATION, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold harmless Elevate Arts and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Your Content or your message templates; (c) your contacts or your communications with them; (d) your violation of these Terms or any law; or (e) your violation of any rights of a third party.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, and by applicable U.S. federal law. You and Elevate Arts agree to first try to resolve any dispute informally by contacting each other. If a dispute is not resolved within thirty (30) days, it will be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you and Elevate Arts consent to personal jurisdiction and venue there, except that either party may seek injunctive relief in any court of competent jurisdiction.

19. Changes to the Service and to These Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms on the Site and updating the effective date. Changes are effective when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

20. General

• Entire agreement. These Terms and the documents referenced in them are the entire agreement between you and us regarding the Service and supersede any prior agreements.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may provide notices to you by email or by posting on the Service.
• Headings. Section headings are for convenience only and do not affect interpretation.

21. Contact Us

If you have questions about these Terms, contact us at: