TERMS OF USE

Last Updated: 04/06/23

The following “Terms of Service” (hereinafter referred to as the “TOS” or “Agreement” sets forth the terms and conditions governing your Progreda account provided by AudateMedia LLC. Together with our Terms of Use and AudateMedia LLC Privacy Policy, these Terms of Service regard your use of the Progreda website, its products, and materials (collectively, the “Site”).

AudateMedia LLC provides users with a licensed access to an All-In-One marketing software that is designed to organize businesses contacts and save time by automating sales and marketing tasks in one system including but not limited text messages, sending emails, and making phone calls. This marketing software is for entrepreneurs and businesses. Functionality it includes Contact Manager (CRM) with SmartLists, Email, 2-way SMS, Outbound Calling, Call Tracking, Call Recording, Form Builder, Survey Builder, Funnel Builder, Website Builder, Online Scheduling, Automation Campaigns, Reporting, and more, this software is called Progreda (collectively referred to as “Progreda”).

Use of Progreda shall be subject to the TOS. You understand and agree that this Software as a Service is provided “AS-IS” and that AudateMedia LLC assumes no responsibility for the timeliness, deletion, delivery problems or failure to store any user communications or personalization settings.

Changes to Terms. These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Changes to Websites. We may change or discontinue any aspect, service or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.

Registration. You may be given the opportunity to register via an online registration form or by participating in Interactive Areas (as defined below), such as forums and other community features, to create a user account (“Your Account”) that may allow you to receive information from us and/or to participate in certain features on the Websites. We will use the information you provide in accordance with the Privacy Policy. By purchasing and/or using Progreda you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Websites so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Websites and all charges related. The purchase of certain products and services from AudateMedia LLC may require registration for a user account (“User Account”). Should you choose to register, you agree to provide true, complete and accurate registration information (“Registration Information”). You are responsible for updating and maintaining the accuracy of Registration Information. If you provide any Registration Information that is untrue or inaccurate, not current, or incomplete, or if AudateMedia LLC suspects that your Registration Information is untrue, inaccurate, or incomplete, then AudateMedia LLC may, in its sole discretion, suspend, terminate, or refuse future access to Progreda. Registration Information will be subject to the AudateMedia LLC Privacy Policy (which is incorporated by reference herein). You are responsible for maintaining the secrecy and security of any personal or User Account Information. You are responsible and liable for any conduct on Progreda under your User Account. AudateMedia LLC is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify AudateMedia LLC immediately by emailing [email protected]. Only the authorized license user is permitted to use the password protected account within AudateMedia LLC. If anyone loans or discloses their Username and Password or otherwise knowingly or unknowingly allows unauthorized access into the fee-based products, the original site license holder shall be responsible for and will be billed for any and all purchases an unauthorized user makes on Progreda.

Authorization Charges. An authorization charge will be applied when you purchase our product to check if the card is valid. This charge will be refunded immediately. Some transactions may take 2-4 business days to reflect in your bank account.

User Content Guidelines. The following terms apply to content submitted by you:

The Websites may contain comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites.

From time to time, AudateMedia LLC may host in-person or virtual gatherings of attendees from all over the world (collectively herein known as “event”). By attending any Event, you hereby irrevocably grant to AudateMedia LLC, affiliates, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future AudateMedia LLC events and/or other events produced by AudateMedia LLC or any of AudateMedia LLC’s affiliates and hereby release AudateMedia LLC and each of the respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto.

By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by AudateMedia LLC, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites; (j) does not generally pertain to the designated topic or theme of any Interactive Area; (k) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by AudateMedia LLC, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites. You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.

You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf. Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you.

We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks. We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision by AudateMedia LLC to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Websites.

By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.

User Conduct Guidelines. The following terms apply to your conduct when accessing or using the Websites: (a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, AudateMedia LLC, Progreda or any AudateMedia LLC employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third party.

Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.

Web Forums. AudateMedia LLC may provide its Progreda users with access to a forum for you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to AudateMedia LLC and other users via chat rooms, message boards or other means (“User Submissions”). User submissions do not reflect the views of AudateMedia LLC (the “Forum Moderators”), neither of which have any obligation whatsoever to monitor, edit, or review any User Submissions on the Website.

The Forum Moderators assume no responsibility or liability arising from the content of any User Submissions, nor any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within any User Submission on Progreda. You are strictly prohibited from submitting or transmitting to the Forum Moderators any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could be constitute or encourage conduct that would be considered criminal offense, give rise to civil liability, or otherwise violate any law. The Forum Moderators will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or anyone posting any such information or materials.

All User Submissions will be treated as non-confidential and non-proprietary. Anything you submit or transmit to AudateMedia LLC or post shall be deemed the property of and may be used by the Forum Moderators for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Forum Moderators are free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any User Submission you submit or transmit to AudateMedia LLC for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer of any User Submissions to AudateMedia LLC shall constitute an assignment to the Forum Moderators of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such User Submission.

The Forum Moderators may edit, copy, publish, distribute, translate, and otherwise use in any medium any User Submission that you submit or transmit to the Forum Moderators and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission. The Forum Moderators are and shall continue to be under no obligation to maintain any User Submission in confidence, to compensate you or any other user for any User Submission, or to respond to any of your or any other user’s User Submission.

50 LEADS - 90 DAYS LEAD GENERATION GUARANTEE

We offer a marketing tool, referred to as "Progreda," priced at $749 per month. This service includes a 50 Leads - 90 Days Lead Generation Guarantee. The guarantee entails that the Client will receive a minimum of 50 leads within 3 months from the date of signing up. Leads are defined as contacts who submit their email addresses, phone numbers, or names.

Guarantee Conditions

To be eligible for the 50 Leads - 90 Days Lead Generation Guarantee, the Client must adhere to the following conditions:

1. Essential Content Upload: The Client is responsible for uploading essential content, including a Video Sales Letter, Ad Graphic, and Logo. This content must be uploaded within 7 days from the date of signing up, using the tools and resources provided by Progreda.

2. Onboarding Meetings: The Client agrees to attend 4 scheduled onboarding meetings with Progreda's team. These meetings are designed to ensure that Progreda has a clear understanding of the Client's business goals and can tailor marketing strategies accordingly.

3. Training Courses: The Client must complete all training modules in the Marketing Automation Suite Fast Course and CRM Fast Start Course, provided by Progreda.

4. Minimum Daily Budget on Facebook: In addition to the $749 monthly payment, the Client must allocate a minimum daily budget of $60 for Facebook advertising for the entire duration of the first 3 months to maximize the effectiveness of targeted campaigns.

5. Calendar Availability: The Client must maintain an open calendar with a minimum of 3 hours of availability in the morning and 3 hours in the afternoon, Monday to Friday, and at least 2 hours of availability on weekends.

6. Support and Strategy: The Client is required to reach out to Progreda's support team (via widget or email) at least once a month for assistance, guidance, or performance reporting.

Cancellation

Should the Client choose to cancel the subscription within the first 3 months and fail to receive a minimum of 50 leads as defined within this guarantee, the Client will not be eligible to receive the $3000 telephony credit.

Payment Details

The $749 fee is a monthly subscription payment, and it will be billed to the Client on a monthly basis for the duration of the subscription.

Definition of Leads: 

"Leads" are defined as individuals or entities who willingly provide their email addresses, phone numbers, or names to the Client through the use of Progreda's system.

Telephony Credit

The $3000 compensation will be provided to the Client in the form of telephony credit, exclusively for use within the Progreda platform.

Progreda’s Commitment:

We are confident that our marketing tool and guidance will deliver the results you desire. In the unlikely event that we do not fulfill our commitment of generating a minimum of 50 leads within the stipulated time frame, we will provide you with a compensation of $3000 USD in SMS and phone credit, inside Progreda.

We believe in transparency, collaboration, and mutual success. This guarantee underscores our dedication to your business growth and reflects our confidence in the strategies we implement.

Telephony Credit Retrieval and Forfeiture:

To retrieve the $3000 telephony credit as part of the 50 Leads - 90 Days Lead Generation Guarantee, the Client must adhere to the following conditions:

Claim Submission Deadline: The Client must send an email to [email protected] within 90 days of the end of the third month from the date of signing up, indicating their intent to claim the telephony credit

Active Subscription Requirement: The Client must have an active and uninterrupted Progreda subscription throughout the entire guarantee period and until the telephony credit is awarded.

Minimum Leads Requirement: The Client must have successfully received a minimum of 50 leads, as defined within this guarantee, generated through the use of Progreda's system within the stipulated 90-day period.

Failure to submit a claim email within the specified 90-day period will result in the forfeiture of the $3000 telephony credit. The Client acknowledges that any unclaimed telephony credit beyond this time frame shall be deemed waived and non-redeemable.

Upon meeting these conditions and submitting the claim email within the stipulated timeframe, the telephony credit of $3000 USD will be provided to the Client for exclusive use within the Progreda platform, in accordance with the terms of the 50 Leads - 90 Days Lead Generation Guarantee. This telephony credit reflects our commitment to your success and underscores our dedication to delivering tangible results.

OUTBOUND MARKETING COSTS

Please take note of the various costs associated with using Progreda for phone, email, and SMS services. While the platform offers numerous benefits, it's essential to understand the additional charges involved beyond the standard monthly subscription fee.

As a valued Progreda user, you gain access to exclusive wholesale rates on phone calls, emails, and SMS. These rates are specially designed to provide you with cost-effective communication options. However, it's crucial to remember that the costs for phone, email, and SMS services are billed separately from the monthly subscription fee.

Let's delve into the specific rates for each communication channel:

Phone Calls:

• Making outgoing phone calls will be charged at a rate of $0.105 per minute

• Receiving incoming calls will be charged at a rate of $0.0638 per minute

• Each Phone Number will be charged at a rate of $8.63/number

Text Messages (SMS):

• Sending and receiving text messages (SMS segment) will be billed at a rate of $0.0593

Emails:

• Sending and receiving emails will be billed at a rate of $0.0053 per email

Additionally, please be aware that there might be certain extra fees, such as Phone Numbers, Call recordings, Caller Id, Validations, Call Conference, Answering machine detection, Caller name, Carrier Lookups, SMS Carrier Fees, MMS, MMS Carrier Fees, A2P Registration Fees, that could apply to your usage. It's recommended to review your usage details and any potential additional charges in your billing statement.

Messages sent on Instagram, Facebook, and Google My Business Chat is at no cost.

Complimentary Credits:

We are delighted to show our appreciation to our valued customers by providing complimentary credits every month. These credits can be use for SMS, Emails and Phone Calls . The complimentary credits offered each month are non-transferable and will not roll over to the following month. This means that any unused credits at the end of your billing period will be forfeited.

To utilize the Progreda services, you will be required to maintain a minimum wallet balance of $10 in credits in your account. This balance will be charged after subscribing and will serve as a credit that will be used against your usage costs. By subscribing, you agree to have your credit/debit card automatically charged, regardless of whether you actively use the software or not. This ensures that you maintain continuous access to the platform's features and services. However, we understand that circumstances may change, and you may need to cancel your subscription. Should you decide to do so, you can initiate the cancellation process by sending an email to [email protected]. Please ensure you send the cancellation request at least 30 days before your desired cancellation date to avoid any future charges.

We hope this comprehensive explanation of Progreda's pricing and billing policies provides you with a clear understanding of the costs involved. Progreda strives to offer exceptional services and features while ensuring transparency and clarity in all its billing practices. If you have any further questions or require assistance, our support team is always available to help you. Thank you for choosing Progreda as your communication partner, and we look forward to assisting you in achieving your communication needs efficiently and cost-effectively. By using Progreda, you are agreeing to the full Progreda Terms and Conditions hosted on https://progreda.com/terms

HARDSHIP EXTENSION

In the event that a Progreda user who has been on the platform for a minimum of 6 months faces significant hardship, such as unforeseen financial difficulties or personal circumstances, which may prevent them from continuing their Progreda subscription, they have the option to request a one-month extension of their subscription period. This extension is intended to provide temporary relief during times of hardship. To be eligible for the hardship extension, the user must have been a Progreda customer for at least 6 months. They can request the extension by emailing [email protected], explaining their situation and providing relevant supporting documentation. Each request will be reviewed individually by Progreda's team, taking into account the user's circumstances, the severity and duration of the hardship, and the user's payment history and engagement with Progreda. Granting the one-month extension is at Progreda's discretion and not guaranteed. Progreda's team will notify the user of their decision via email within a reasonable timeframe, and the decision made will be final and not subject to appeal or dispute. Please note that the courtesy one-month extension can only be granted once per user to maintain fairness and sustainability. This extension does not modify other terms or payment obligations outlined in the Progreda terms of service. Progreda reserves the right to modify or terminate this hardship extension clause with reasonable notice provided to users. Any changes will be communicated via email to the user's registered email address.

GENERAL PROVISIONS

Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of Nevada without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Nevada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The Site is controlled and operated by AudateMedia LLC from its principal office in Las Vegas, Nevada and is not intended to subject AudateMedia LLC to the laws or jurisdiction or any state, country, or territory other than that of Nevada and of the United States of America.

AudateMedia LLC does not represent or warrant that the Site, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site at their own risk and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export any Site content to a national or resident of any of the following countries: (i) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, constitutes the entire Agreement between you and AudateMedia LLC relating to your use of the Site; this Agreement supersedes any and all prior or contemporaneous written or oral Agreements between you and AudateMedia LLC regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement.

This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.

It is important to note that offers presented on this site cannot be used simultaneously or in combination with other offers, unless explicitly stated otherwise.

Again, be sure to return to this Policy periodically to review the most current version of the Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Policy without prior notice; however, the date of any effective changes shall be reflected at the top of this page and upon request we will provide you with information regarding any changes made.

When you make a purchase of any item, product, or event from this website, you are indicating your acknowledgement and agreement to be bound by the terms and conditions outlined in this Policy, as well as our Refund Policy and Privacy Policy. If you do not agree to these Policies, please refrain from making any purchases or entering into any transactions with us.