These Terms of Service (“Terms”) are a binding agreement between you (“Client”) and Proof Technologies, Inc. (“Proof,” “we,” or “us”). Your use of our services constitutes your agreement to these Terms.

When you sign up for an account and agree to these Terms, the Agreement between you and Proof is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Proof account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a law firm, company, governmental agency, or other organization, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

Your Responsibilities

By using our Services, you agree to:

• Provide Proof with all legal documents to be served

  Complete all of our requests of you

  Remit the agreed-upon fees upon job completion, subject to our Refund Policy

Services Provided

When you use Proof, you are requesting that we coordinate the delivery of legal documents (“Services”) - such as summons, subpoenas, complaints, and other types of documents - to a specific person or entity (“Servee”).

By choosing Proof, you are engaging us to connect you to one of our qualified servers in our network of independent servers (“Servers”). All Servers are certified or licensed where required by law. Each Server is responsible for providing Services consistent with industry standards, applicable law, and client expectations. Proof provides technology and support services to help that happen efficiently.

What Proof Provides

• Real-time status updates and communication with Proof and the Server

  Automated workflows

What You Should Expect the Server to Provide

• Diligent and lawful attempts

  Time-stamped photos and attempt notes

  Professional conduct and confidentiality

  Certified affidavit of service after completion

Timelines and Expectations

Proof offers speed options to meet your specific needs. You can expect the following based on what you select, although these may vary depending on court rules, local conditions, or client instructions.

Standard Service:

• First Attempt: Within 4 days of Server acceptance

• Subsequent Attempts: Every 48-72 hours

• Final Attempt: Within 10 days of acceptance

• Affidavit Finalized and Signed: Within 3 business days of final attempt*

Expedited Service:

• First Attempt: Within 2 days of Server acceptance

• Subsequent Attempts: Every 6-12 hours

• Final Attempt: Within 3 days of acceptance

• Affidavit Finalized and Signed: Within 3 business days of final attempt*

Same-Day Service:

• First Attempt: Same day (if accepted by 2 pm) or by 12 pm the following day

• Subsequent Attempts: Every 4-6 hours

• Final Attempt: Within 24 hours of the Server's first attempt

• Affidavit Finalized and Signed: Within 2 business days of final attempt*

Post Service:

• Posting: Within 48 hours of Server acceptance

• Affidavit Finalized and Signed: Within 2 business days of signature*
  

  *Note: Affidavit signature times will vary if a wet signature and/or notary is required.

Customized or Other Service

Some jobs may require customized service timelines that differ from what is listed above. These are often based on court rules, legal requirements, and your specific instructions. The expectations are set during your consultation with Proof. You can expect that Proof will follow legal requirements and agreed-upon timing for:

• First and subsequent attempt timing

• Personal vs. substitute service

• Affidavit preparation and delivery

Re-dispatching and Rerouting

To support timely and lawful service, Proof may, at its discretion, reroute or re-dispatch a job request to another independent Server under certain circumstances. These include, but are not limited to:

• Local legal requirements or court rules require service by a sheriff or other public official

• Server unavailability, delay, or non-responsiveness

• Client instructions or urgent timing requirements

• Service failure or unsuccessful attempts requiring escalation

In such cases, Proof may re-dispatch your request to another independent Server in our network or, where required by law, to the local sheriff’s department or an authorized public entity. You acknowledge that Proof’s role is to facilitate this coordination and that service providers—including sheriffs—are independent from Proof and responsible for their own conduct, timelines, and affidavit accuracy.

Rerouted or re-dispatched jobs may incur different timelines, documentation requirements, or costs. You will be notified if such changes materially affect your request.

Limitation of Liability

• It is understood and agreed that no party shall be liable to any other party to this Agreement for any indirect, incidental, special, consequential, punitive, or exemplary damages. In addition, unless otherwise provided by law, the liability of Proof is limited to the greater of $5,000 or the total amount of the fees payable to Proof for its Services in connection with a Service request.

• The terms set forth in Terms of Service constitute the entire agreement between Proof and the Client regarding the subject matter of these Terms of Service, and all other promises, representations, understandings, arrangements, and prior agreements are merged into this Agreement, which may only be modified by written agreement of the parties.

• This Agreement, including but not limited to the application, interpretation, construction, and enforceability of its terms, shall be governed by the laws of the State of Delaware, where Proof is incorporated, without regard to its conflict of law provisions.

• If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

• This Agreement shall be binding upon Proof and the Client and their respective legal representatives, successors, and assigns. Any Server providing service of legal documents shall be a third-party beneficiary to this Agreement.

• This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures on the same document or electronic record and counterpart signatures may be delivered via electronic mail or other electronic means (including pdf or any electronic signature complying with applicable state electronic signature law or, if applicable, the U.S. federal ESIGN Act of 2000) or other transmission method and any document or electronic record or counterpart so delivered with an electronic signature shall be deemed to have been duly and validly signed and delivered and be valid and effective for all purposes.

Changes

You agree that we may change any of the Terms by posting revised Terms on the Proof Site. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service, or any features of the Service at any time, and we may discontinue the Service, or any features of the Service at any time.