These documents govern your use of ProveoMark’s website, platform, directory, training programmes, certifications, and related services. Please read them carefully.
Entity: ProveoMark LLC Incorporated: Wyoming, USA Registered address: Sheridan, WY Contact: legal@proveomark.com
In these Terms, the following capitalised terms have the meanings set out below:
| Term | Meaning |
|---|---|
| "ProveoMark" | ProveoMark LLC, a Wyoming limited liability company, including its website, platform, directory, programmes, and any associated services. |
| "User" | Any individual or entity accessing or using any ProveoMark service, including practitioners, vendors, enterprise clients, and Journey Builders. |
| "Practitioner" | An individual enrolled in or purchasing ProveoMark training courses, certifications, or related learning content. |
| "Vendor" | Any technology company whose product is listed in the ProveoMark Tool Fluency Directory, whether unclaimed, claimed, or a Technology Partner. |
| "Technology Partner" | A vendor who has entered into a formal Founding Technology Member or Activate partnership agreement with ProveoMark. |
| "Journey Builder" | An independent contractor accepted into the ProveoMark Journey Builder programme who delivers workshops to enterprise clients under a separate contractor agreement. |
| "Enterprise Client" | An organisation purchasing ProveoMark@Work training, certification, and workshop bundles for their team. |
| "Content" | All training courses, certification materials, assessments, videos, quizzes, written materials, and other educational resources made available by ProveoMark. |
| "Certification" | A formal ProveoMark credential issued upon successful completion of an approved assessment programme. |
| "Directory" | The ProveoMark Tool Fluency Hub, an independent listing of technology tools used in Customer Marketing. |
| "Personal Data" | Any information relating to an identified or identifiable natural person, as defined under applicable data protection law. |
By accessing or using any ProveoMark service — including browsing the website, enrolling in a course, purchasing a certification, submitting a form, or entering into a partnership agreement — you agree to be bound by these Terms of Use and Privacy Policy in their entirety.
If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms. If you do not have such authority, you must not use ProveoMark’s services.
ProveoMark reserves the right to update these Terms at any time. Users will be notified of material changes by email or prominent notice. Continued use following notification constitutes acceptance.
3.1 Nature of training
ProveoMark’s foundation training programmes are pre-recorded, self-paced digital courses. Each course includes milestone quizzes, a final assessment, and access to a periodic live Q&A session. The live Q&A sessions are supplementary and do not constitute individual tutoring.
ProveoMark makes reasonable efforts to ensure all course content is accurate and current. However, ProveoMark makes no warranty that content reflects the most current developments in Customer Marketing at all times.
3.2 Access and licence
Upon purchase, ProveoMark grants the purchaser a personal, non-exclusive, non-transferable licence to access and use the course content for their own professional development. This licence does not permit:
Course access is provided for the duration specified at purchase. Where no duration is specified, access is provided for a minimum of 12 months from the date of purchase.
3.3 Educational limitation
ProveoMark’s training content is educational in nature and does not constitute legal, financial, regulatory, or professional advice. Practitioners should exercise their own professional judgement when applying learning in their workplace context.
4.1 Issuance and independence
ProveoMark certifications are issued upon successful completion of an approved assessment programme. All assessments are independently marked. Where a certification is built in partnership with a Technology Partner, the assessment criteria and marking are controlled by ProveoMark independently. Technology Partners do not influence pass/fail outcomes.
Certifications are issued digitally through ProveoMark’s accreditation partner (planned as Accredible or equivalent). The digital credential is owned by the practitioner and portable to professional platforms including LinkedIn.
4.2 Validity and permanence
ProveoMark certifications do not expire. A credential earned is a permanent record of achievement at the time of assessment. Where a certification programme is updated, existing holders retain their original certification.
4.3 Assessment disputes
A practitioner who believes their assessment result is incorrect may submit a formal dispute request to assessments@proveomark.com within 30 days of receiving their result. ProveoMark will respond within 14 business days. Each practitioner is entitled to one free re-sit per certification programme.
4.4 Revocation
ProveoMark reserves the right to revoke a certification where it can be demonstrated that the practitioner obtained the credential through fraudulent means, including impersonation, plagiarism, or collusion. Revocation decisions are made following a written notice process.
5.1 Payment processing
All payments are processed through third-party processors including Stripe, Razorpay, and Kajabi (where applicable). ProveoMark does not store card details. Prices are displayed in USD unless otherwise stated.
5.2 Refund policy — training and certifications
Where a purchaser has paid but not yet accessed any content, a refund request may be submitted within 48 hours of purchase by emailing refunds@proveomark.com.
This policy does not affect any statutory rights you may have. EU consumers’ 14-day cooling-off right is waived once you expressly request and receive access to digital content within that period.
5.3 Refund policy — ProveoMark@Work
Refund terms for enterprise bundles are set out in the individual commercial agreement. Once delivery has begun, no refund is available for the delivered portion of the programme.
5.4 Failed or disputed payments
Where a payment fails, access to purchased content will be suspended until payment is successfully completed. In cases of fraudulent chargebacks raised in bad faith, ProveoMark reserves the right to permanently revoke access to all purchased content.
6.1 Nature of directory listings
The ProveoMark Tool Fluency Directory is an independent professional directory of technology tools used in Customer Marketing. Unclaimed listings are compiled from publicly available sources including company websites, press releases, product documentation, and third-party review platforms. Inclusion in the Directory constitutes nominative fair use under applicable United States trademark law and does not imply any commercial relationship with, or endorsement by, the listed company.
6.2 Right to maintain listings
ProveoMark reserves the right to maintain accurate, factual, and non-defamatory listings in the public interest, consistent with the established legal framework governing independent software directories. This right is exercised for the benefit of Customer Marketing practitioners who rely on the Directory to make informed tool decisions.
6.3 Correction requests
Any company that believes their listing contains factually inaccurate information may submit a correction request to legal@proveomark.com. ProveoMark will review and respond within 14 business days. Factually inaccurate information will be corrected promptly. ProveoMark will not remove accurate, factual listings on the basis of a preference not to be listed.
6.4 Trademark and logo requests
Company names are used under nominative fair use. Company logos on unclaimed listings are sourced from publicly available brand materials. Any company that formally objects to the display of their registered trademark assets may request removal by emailing legal@proveomark.com. ProveoMark will remove trademark assets within 7 business days while retaining the text-based listing.
6.5 Claiming a listing
Claiming a listing is free and does not constitute a commercial agreement. Claiming grants the ability to update factual information and upload brand assets. It does not confer certification, partnership status, or any paid feature without a separate commercial agreement.
7.1 Partnership tiers
Technology partnerships with ProveoMark are available at three levels: (a) Free Claim, (b) Activate (light paid partnership), and (c) Founding Technology Member. The specific terms, fees, deliverables, and renewal conditions for each paid tier are set out in the individual partnership agreement executed between ProveoMark and the Technology Partner.
7.2 Certification programmes
Tool Fluency Certifications built in partnership with Technology Partners are owned by ProveoMark. The Technology Partner grants ProveoMark a non-exclusive licence to use their product name and approved brand assets in connection with the certification programme. ProveoMark retains full editorial and assessment independence. Technology Partners may not direct, influence, or interfere with assessment outcomes or pass/fail thresholds.
7.3 Learner data
Where ProveoMark shares opted-in learner data with Technology Partners, ProveoMark acts as data controller. Learner data may only be used for direct B2B outreach to the relevant learner. Technology Partners may not sell, broker, or share learner data with any third party. Any breach of this obligation entitles ProveoMark to terminate the partnership agreement with immediate effect and to seek damages.
7.4 Payout terms
Where a Technology Partner is entitled to a certification payout under their partnership agreement, the payout will be calculated and paid on a quarterly basis within 14 days of the end of each calendar quarter. Technology Partners may request a review of quarterly payout calculations within 30 days of receipt of the payout statement by emailing finance@proveomark.com.
7.5 Termination of partnership
Either party may terminate a partnership agreement by providing written notice as specified in the relevant agreement. On termination: (a) the Technology Partner’s logo and partner badge will be removed from the Directory within 14 days; (b) any associated certification programme will be marked as discontinued; (c) all existing earned certifications remain valid and will not be revoked solely due to the termination.
8.1 Independent contractor status
Journey Builders are independent contractors, not employees, agents, or partners of ProveoMark. Nothing in these Terms or in any Journey Builder contract creates an employment relationship, partnership, joint venture, or agency between ProveoMark and a Journey Builder. Journey Builders are solely responsible for their own tax obligations, insurance, and compliance with applicable laws in their jurisdiction.
8.2 Workshop delivery obligations
Journey Builders agree to deliver workshops to the standard and specification agreed in the individual workshop brief provided by ProveoMark. Journey Builders represent and warrant that they possess the professional expertise, experience, and qualifications represented in their application and profile.
8.3 Payment
Journey Builders will be paid the fee agreed in the individual workshop contract within 14 days of successful workshop delivery confirmation. ProveoMark will separately reimburse pre-approved travel, accommodation, and subsistence expenses in accordance with ProveoMark’s expenses policy.
8.4 Liability and professional indemnity
Journey Builders delivering workshops to Enterprise Clients are strongly recommended to hold professional indemnity insurance with a minimum indemnity limit of USD 50,000. ProveoMark’s liability to Enterprise Clients in relation to a workshop is limited to the fee paid for that specific workshop. Neither party is liable for indirect, consequential, or reputational damages.
8.5 Confidentiality
Journey Builders will treat all Enterprise Client information shared in connection with a workshop as confidential and will not disclose such information to any third party without prior written consent. This obligation survives the conclusion of the workshop.
9.1 Commercial agreement
ProveoMark@Work bundles are provided to Enterprise Clients under a commercial agreement that incorporates these Terms together with a specific Statement of Work detailing the programme scope, deliverables, team size, timelines, and fees. In the event of conflict, the commercial agreement prevails.
9.2 Scope of services
ProveoMark@Work may include any combination of: (a) access to foundation training courses for a defined number of team members; (b) enrolment in up to the agreed number of certification programmes; (c) live workshops delivered by accredited Journey Builders.
9.3 Team member data
Enterprise Clients enrolling team members must ensure they have obtained appropriate consent from those team members for their personal data to be shared with ProveoMark for enrolment and certification purposes.
9.4 Liability cap
ProveoMark’s total aggregate liability to an Enterprise Client under or in connection with a ProveoMark@Work agreement is limited to the total fees paid by that Enterprise Client to ProveoMark under the relevant agreement in the 12 months preceding the claim.
All Content, including training courses, certification materials, assessment questions, written materials, videos, graphics, and the ProveoMark brand assets, is owned by or licensed to ProveoMark LLC and is protected by copyright, trademark, and other intellectual property laws.
Users are granted a limited, personal, non-exclusive, non-transferable licence to access and use Content solely for the purposes described in these Terms. No Content may be reproduced, distributed, modified, reverse-engineered, publicly displayed, or used to create derivative works without ProveoMark’s prior written consent.
The ProveoMark name, logo, and the tilted O mark are trademarks of ProveoMark LLC. Nothing in these Terms grants any right to use ProveoMark’s trademarks without express written permission.
Where Users submit content to ProveoMark (including application forms, feedback, testimonials, and assessment responses), they grant ProveoMark a non-exclusive, royalty-free, worldwide licence to use that content for the purposes of operating and improving ProveoMark’s services.
ProveoMark’s services, content, and directory are provided on an “as is” and “as available” basis without any warranty of any kind, express or implied. To the fullest extent permitted by applicable law, ProveoMark disclaims all warranties including but not limited to:
To the fullest extent permitted by applicable law, ProveoMark LLC, its members, officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of ProveoMark’s services, including but not limited to:
In any event, ProveoMark’s total aggregate liability to any User shall not exceed the greater of: (a) the total amount paid by that User to ProveoMark in the 12 months preceding the claim, or (b) USD 100.
You agree to defend, indemnify, and hold harmless ProveoMark LLC and its members, officers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:
14.1 Governing law
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law principles. For users in the European Union, mandatory consumer protection provisions under applicable EU law are not affected by this choice of law.
14.2 Dispute resolution
In the event of a dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute informally by contacting ProveoMark at legal@proveomark.com. If the dispute cannot be resolved informally within 30 days, either party may pursue formal resolution.
For disputes involving amounts of USD 5,000 or less, the parties agree to resolve the matter through binding arbitration under the rules of the American Arbitration Association (AAA) conducted in Wyoming. For disputes involving amounts exceeding USD 5,000, the parties submit to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming.
15.1 Data controller
ProveoMark LLC is the data controller for all personal data collected through its website, platform, and services. Our registered address for data protection purposes is our registered agent address in Sheridan, Wyoming. For data protection enquiries, contact: privacy@proveomark.com.
15.2 What data we collect
| Data category | Examples | How collected |
|---|---|---|
| Identity data | Name, job title, professional credentials | Registration forms, course enrolment, application forms |
| Contact data | Work email address, company name | Registration, lead capture forms, newsletter signup |
| Transaction data | Payment amounts, course purchases, certification history | Payment processor (Stripe/Razorpay). Card details are NOT stored by ProveoMark. |
| Usage data | Course progress, quiz scores, assessment results | Platform interaction tracking |
| Communications data | Email correspondence, form submissions, support requests | Direct communication with ProveoMark |
| Marketing preferences | Email opt-in status, communication preferences | Newsletter signup forms, unsubscribe requests |
| Technical data | IP address, browser type, device data, cookies | Website analytics (see Section 18) |
| Professional data | Years of experience, programme areas, workshop topics (Journey Builders) | Application forms |
15.3 Legal basis for processing (GDPR)
For users in the European Union and United Kingdom, ProveoMark processes personal data on the following legal bases:
| Processing purpose | Legal basis |
|---|---|
| Delivering purchased courses and certifications | Performance of a contract |
| Processing payments | Performance of a contract |
| Sending service-related communications | Performance of a contract / Legitimate interests |
| Sending marketing emails | Consent (freely given, specific, informed, unambiguous) |
| Sharing data with Technology Partners (opted-in learner data) | Consent (collected at point of form submission) |
| Directory listing maintenance | Legitimate interests (public informational directory) |
| Analytics and platform improvement | Legitimate interests / Consent (for non-essential cookies) |
| Compliance with legal obligations | Legal obligation |
15.4 How we share data
ProveoMark does not sell personal data to third parties. We share data only in the following circumstances:
15.5 Data retention
| Data type | Retention period |
|---|---|
| Course enrolment and certification records | Indefinitely (certifications are permanent records) |
| Transaction data | 7 years (tax and accounting obligations) |
| Marketing contact data | Until consent is withdrawn or 3 years of inactivity |
| Lead and enquiry data | 2 years from last interaction |
| Journey Builder contract data | 7 years from end of engagement |
| Website analytics data | 26 months (Google Analytics default / anonymised) |
| Support and legal correspondence | 7 years |
15.6 International data transfers
ProveoMark is based in the United States. If you are located in the European Union, European Economic Area, or United Kingdom, your personal data will be transferred to and processed in the United States. Such transfers are made on the basis of Standard Contractual Clauses approved by the European Commission, or equivalent safeguards. By using ProveoMark’s services, you consent to this transfer.
If you are located in the European Union or United Kingdom, you have the following rights under the General Data Protection Regulation (GDPR) or UK GDPR:
| Right | What it means | How to exercise |
|---|---|---|
| Right of access | Request a copy of all personal data ProveoMark holds about you (Subject Access Request) | Email privacy@proveomark.com |
| Right to rectification | Request correction of inaccurate or incomplete personal data | Email privacy@proveomark.com |
| Right to erasure | Request deletion of personal data where there is no legitimate reason for continued processing ("right to be forgotten") | Email privacy@proveomark.com — Note: certification records are retained as described in Section 15.5 |
| Right to restrict processing | Request that ProveoMark limits how it uses your data in certain circumstances | Email privacy@proveomark.com |
| Right to data portability | Receive your personal data in a structured, commonly used format | Email privacy@proveomark.com |
| Right to object | Object to processing based on legitimate interests, including for marketing purposes | Use unsubscribe links or email privacy@proveomark.com |
| Right to withdraw consent | Withdraw consent for any processing based on consent at any time | Use unsubscribe links or email privacy@proveomark.com |
ProveoMark will respond to all data rights requests within 30 days. We may need to verify your identity before actioning a request. If you are dissatisfied with our response, you have the right to lodge a complaint with your local data protection supervisory authority.
If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA):
To exercise any California privacy right, email privacy@proveomark.com with “California Privacy Request” in the subject line. ProveoMark will respond within 45 days. Requests may be submitted on behalf of a consumer by an authorised agent with written proof of authorisation.
Do Not Sell or Share My Personal Information: California residents may opt out of the sale or sharing of personal information at any time. As noted above, ProveoMark does not sell personal information. To make a formal opt-out request, email privacy@proveomark.com.
18.1 What are cookies
Cookies are small text files placed on your device when you visit a website. ProveoMark uses cookies and similar tracking technologies to operate the platform, understand how it is used, and deliver relevant marketing where you have consented to this.
18.2 Cookie categories
| Category | Purpose | Consent required? |
|---|---|---|
| Strictly necessary | Session management, login authentication, security. Cannot be disabled. | No |
| Functional | Remembering preferences, language settings, form autofill. | No (legitimate interests) |
| Analytics | Understanding how visitors use the site (e.g. Google Analytics). Data is anonymised where possible. | Yes — via cookie consent banner |
| Marketing / advertising | Tracking visits across sites to deliver targeted advertising (e.g. Meta Pixel, Google Ads). Only active if consented. | Yes — via cookie consent banner |
18.3 Managing cookies
You can manage your cookie preferences at any time through the cookie consent banner displayed on your first visit to proveomark.com. You can also control cookies through your browser settings. Note that disabling certain cookies may affect the functionality of the platform. For EU/UK users, non-essential cookies will not be set without your explicit consent.
19.1 Marketing email consent
ProveoMark sends marketing emails including newsletters, product updates, course announcements, and industry insights. You will only receive marketing emails if you have explicitly opted in by checking a consent box at the point of sign-up, form submission, or course enrolment. Pre-ticked consent boxes are never used.
Marketing emails are sent via HubSpot and/or Systeme.io. These providers process your email address and engagement data (opens, clicks) on ProveoMark’s behalf under data processing agreements.
19.2 Transactional emails
ProveoMark sends transactional emails including purchase confirmations, certification results, access credentials, and account notifications. These emails are sent regardless of marketing preferences as they are necessary for the delivery of purchased services. You cannot opt out of transactional emails while maintaining an active account or active course access.
19.3 Unsubscribing
You may unsubscribe from marketing emails at any time by: (a) clicking the unsubscribe link in any marketing email, or (b) emailing privacy@proveomark.com with “Unsubscribe” in the subject line. Unsubscribe requests will be actioned within 10 business days. Unsubscribing from marketing emails does not affect your receipt of transactional emails.
19.4 CAN-SPAM compliance (US)
All ProveoMark marketing emails comply with the CAN-SPAM Act. Each marketing email includes: a clear identification of ProveoMark as the sender; an honest subject line; a physical mailing address; and a clear, functioning unsubscribe mechanism. ProveoMark does not use deceptive headers or misleading subject lines.
19.5 CASL compliance (Canada)
Where ProveoMark sends commercial electronic messages to recipients in Canada, such messages are sent only with express or implied consent as defined by Canada’s Anti-Spam Legislation (CASL). Recipients in Canada may withdraw consent at any time using the unsubscribe mechanism described above.
ProveoMark reserves the right to update these Terms and Privacy Policy at any time. The date of the most recent revision is displayed at the top of this page. For material changes, ProveoMark will provide at least 30 days’ notice by email to registered users and/or by a prominent notice on the ProveoMark website before the changes take effect.
Your continued use of ProveoMark’s services following the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of ProveoMark’s services and may request deletion of your account and data as described in Section 16.
The current version of these Terms and Privacy Policy is always available at proveomark.com/legal.
Contact for legal and privacy matters:
ProveoMark LLC · legal@proveomark.com · privacy@proveomark.com
Registered agent address: Sheridan, Wyoming, USA
Disclaimer: These Terms and Privacy Policy have been prepared in good faith to cover ProveoMark’s operational needs as understood at the date of publication. They do not constitute legal advice. ProveoMark recommends that all parties seek independent legal counsel for matters of specific legal concern. These documents should be reviewed periodically by a qualified US attorney, particularly as ProveoMark’s operations scale and as data protection law evolves.