Terms and conditions
The rules for the proofen.app website and the Proofen app.
1. In short
Proofen is a web app for companies. It helps you prepare the documents that NIS2, ISO 27001 and the Cyber Resilience Act ask for.
These terms apply when you use the website or create an account. By using Proofen, you agree to them.
2. Who we are
Proofen is operated by the company below, referred to in these terms as "we".
Who runs Proofen
- Company: ClearSecurity Vision S.R.L.
- Company registration number (CUI): 32776248
- Registered office: Feleacu village, Feleacu commune, no. 24/F, Cluj county, Romania
- Trade register: J2014000420120 (old format: J12/420/2014)
- VAT: the company is not registered for VAT. VAT is collected by Paddle, which resells Proofen as the Merchant of Record.
- Contact: contact@proofen.app
“In addition to other information requirements established by Community law, Member States shall ensure that the service provider shall render easily, directly and permanently accessible to the recipients of the service and competent authorities, at least the following information: (a) the name of the service provider; (b) the geographic address at which the service provider is established; (c) the details of the service provider, including his electronic mail address, which allow him to be contacted rapidly and communicated with in a direct and effective manner; (d) where the service provider is registered in a trade or similar public register, the trade register in which the service provider is entered and his registration number, or equivalent means of identification in that register;”
Directive 2000/31/EC on electronic commerce, Article 5(1)(a)–(d) (eur-lex.europa.eu)
What this means for your company: Our identification details are set out here and in the privacy policy. You can contact us directly at contact@proofen.app.
3. Who can open an account
An account may be opened by a person aged at least 18, acting for a company or as a professional, for example as a sole trader.
If you open the account for a company, you confirm that you are entitled to act on its behalf.
Proofen is intended for companies and professionals, not for consumers. If you nevertheless buy as an individual, outside your professional activity, the law may treat you as a consumer. In that case, you keep the rights the law gives you, including those under Romanian Government Emergency Ordinance no. 34/2014. The consumer rules in these terms also apply to you.
4. The seller: Paddle
Payments are not active in Proofen yet. Kits will be available to buy soon. The rules below on orders, prices, payment and refunds apply once payments are switched on.
Orders are sold by Paddle, the Merchant of Record. Paddle takes the payment, issues the invoice and handles VAT. For buyers in the US, the seller is Paddle.com Inc. For everyone else, the seller is Paddle.com Market Limited, of London, United Kingdom.
“"Paddle" means for sales to Buyers based in the United States: Paddle.com Inc.; and for sales to the rest of the world: Paddle Payments Limited (for Suppliers based in the United Kingdom for VAT purposes) or Paddle.com Market Limited (for all other Suppliers);”
What this means for your company: As our company is based in Romania, not in the United Kingdom, the seller is Paddle.com Market Limited, and for buyers in the US, Paddle.com Inc.
When you pay, you enter into the sales contract with Paddle, under Paddle's buyer terms. We provide your access to the kit and the app.
5. Your account
- Each user has their own account; sign-in credentials must not be passed on to anyone else.
- Roles with administrative rights must use two-step sign-in.
- You are responsible for the accuracy of the data entered in the company profile.
- You can download your data at any time: from the Account page, through the evidence log export and by downloading the documents. Before closing, you can request a full export at contact@proofen.app. You can delete your account on the Account page, unless you are the only owner of an organisation. If you are the only owner, request the closure of the organisation; we will close it and delete the account within 30 days.
6. Your company's data
We process the personal data your company enters into Proofen on behalf of your company. The rules are set out in the data processing agreement. The agreement is an annex to these terms and applies from the moment you accept them.
Read the data processing agreement.
7. What you get
A kit is a set of documents generated from your company's profile. The list of documents in each kit can be viewed before you buy, without an account.
The documents are working templates. You check them, adapt them and approve them.
Proofen does not give legal advice. We do not guarantee that your company will obtain a favourable result in an audit or inspection.
With a subscription (monthly or yearly), access is valid for the period you paid for.
8. The documents are not a certification
The generated documents help you organise your compliance, but they are not a certification and do not guarantee that your company meets the legal requirements.
- NIS2: in Romania, the competent authority is DNSC, which supervises and inspects the entities, under Government Emergency Ordinance no. 155/2024.
- ISO 27001: certification is granted by a certification body, after an audit of the management system.
- Cyber Resilience Act: a product's conformity is demonstrated through the conformity assessment procedure set by the regulation, by the manufacturer or, for some products, with a notified body.
Only the auditor, the certification body or the competent authority can confirm compliance.
9. Intellectual property
The Proofen platform, its code, design, texts and document templates belong to us and are protected by law.
The documents generated with your company's data belong to your company. For the text of our templates included in the documents, we grant you a perpetual, non-exclusive licence for internal use.
Internal use includes editing the documents and showing them to auditors, authorities, consultants and partners, in connection with your company. The licence remains valid after the subscription ends or the account is closed.
You may not resell, redistribute or publish the kits or the document templates, whether free of charge or for a fee.
10. Prices and payment
For countries in the European Union, the price shown includes VAT. Outside the Union, the price is shown without VAT.
Paddle calculates the final amount at checkout, based on your country and on your company's VAT number, if you enter one.
11. Cancellation and refunds
The rules are set out in the refund policy.
12. Fair use
- Do not try to get around our protections or to access other organisations' data.
- Do not use Proofen for unlawful purposes.
- Do not decompile or disassemble the app, or try to obtain its source code (reverse engineering), except where the law expressly allows it.
- Do not upload or send malicious code, such as viruses or scripts that attack the service.
- Do not get around the service's technical limits, such as request limits, or the limits of the plan you bought.
- Do not resell access to Proofen or make it available to other companies.
- We may suspend an account that breaks these rules. We notify you in advance, where the law allows it.
13. Closing your account
You can close your account or organisation at any time, without giving a reason.
Before closing, download the data and documents you need, as described in the "Your account" section. After closure, access to the app and the kits stops.
The data is deleted from the app on closure, and from backups within 30 days at most. We keep only what the law requires us to keep, such as accounting records, as set out in the privacy policy.
If you have an active subscription, cancel it in the Paddle customer portal (paddle.net) so that it does not renew. Refunds follow the refund policy.
14. Availability and force majeure
We make reasonable efforts to keep Proofen available, but we do not guarantee uninterrupted or error-free operation.
We announce planned maintenance in advance. Urgent work, for example for security, may take place without prior notice.
We are not liable for failure to perform obligations caused by force majeure, under the Romanian Civil Code:
“(1) Dacă legea nu prevede altfel sau părţile nu convin contrariul, răspunderea este înlăturată atunci când prejudiciul este cauzat de forţă majoră sau de caz fortuit. (2) Forţa majoră este orice eveniment extern, imprevizibil, absolut invincibil şi inevitabil.”
What this means for your company: Force majeure is an event outside the parties' control that they could neither foresee nor avoid, for example a natural disaster. The rule applies to you as well as to us.
15. Liability
We make reasonable efforts to keep the service running and the data secure. We are not liable for decisions based on documents you have not reviewed.
If we are nevertheless liable for a loss, our total liability is capped. The cap is the amount paid for Proofen in the 12 months before the event that caused the loss.
The cap and the exclusions above do not apply where the law forbids limiting or excluding liability. That covers loss caused intentionally or by gross negligence, and harm to a person’s health or physical integrity. Nor do they restrict the rights the law gives you as a consumer.
“(1) Nu se poate exclude sau limita, prin convenţii sau acte unilaterale, răspunderea pentru prejudiciul material cauzat altuia printr-o faptă săvârşită cu intenţie sau din culpă gravă. […] (3) Răspunderea pentru prejudiciile cauzate integrităţii fizice sau psihice ori sănătăţii nu poate fi înlăturată ori diminuată decât în condiţiile legii.”
What this means for your company: The 12-month cap does not cover loss caused intentionally or by gross negligence, nor harm to health. For these we are fully liable, in accordance with the law.
16. Changes
If we change these terms, we notify you by e-mail at least 30 days in advance. Until then, the previous version applies.
17. Language of these terms
These terms are available in Romanian and in English. If the two versions differ, the Romanian version prevails.
18. Governing law
Romanian law applies. We first try to settle any disagreement amicably, at contact@proofen.app.
For businesses, disputes are settled by the competent courts at our registered office, in Cluj County, Romania. For consumers, the legal rules apply. You can also sue us in the courts where you are domiciled, and we can sue you only in the courts where you are domiciled.
“(2) În litigiile din materia protecției drepturilor consumatorilor, precum și în alte cazuri prevăzute de lege, părțile pot conveni alegerea instanței competente, în condițiile prevăzute la alin. (1), numai după nașterea dreptului la despăgubire. Orice convenție contrară este considerată ca nescrisă.”
What this means for your company: For consumers in Romania, the Cluj courts clause does not apply. A court can be chosen only after the right to compensation arises.
“1. A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the other party, in the courts for the place where the consumer is domiciled. 2. Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Member State in which the consumer is domiciled.”
What this means for your company: Consumers in other European Union countries also keep their right to their home courts.
Consumers can also contact the Romanian consumer protection authority (anpc.ro).