Terms & Conditions

Updated on September 30th, 2026

Acceptance of Terms

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and Proofit, Inc., a Delaware corporation (“Proofit,” “Company,” “we,” “us,” or “our”), governing your access to and use of www.proofitbag.com (the “Website”) and your purchase of products from Proofit.

By accessing or using the Website, you acknowledge that you have read and understand these Terms. By placing an order or completing a purchase after being presented with these Terms, you agree to be bound by these Terms and by Proofit's Privacy Policy, Return & Refund Policy, Disclaimer, and any applicable written warranty, each of which is incorporated by reference to the extent applicable.

If you do not agree to these Terms, do not use the Website or purchase Products through it. Nothing in these Terms limits any right or remedy that cannot lawfully be waived, restricted, or excluded under applicable law.

Definitions

For purposes of these Terms & Conditions:

• “Proofit,” “Company,” “we,” “us,” or “our” means Proofit, Inc., a Delaware corporation.
• “Product” or “Products” means physical consumer products offered for sale by Proofit through the Website.
• “Website” means www.proofitbag.com and the content and functionality made available through it.
• “You” or “your” means the individual accessing the Website or purchasing a Product and, where applicable, any entity on whose behalf that individual is authorized to act.

Eligibility and Authority

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction if higher, to make a purchase through the Website. By placing an order, you represent and warrant that you have the legal capacity to enter into a binding agreement. If you access the Website or make a purchase on behalf of a company, organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

 

Permitted Use and Restrictions

Proofit grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Website for lawful personal purposes and to evaluate and purchase Products.

You may not, without Proofit's prior written consent: (a) copy, reproduce, modify, distribute, sell, license, commercially exploit, or create derivative works from the Website or its content; (b) reverse engineer or attempt to extract source code from Website technology except where such restriction is prohibited by law; (c) interfere with the Website's operation or security; (d) use automated systems to scrape, harvest, or extract Website content or data; (e) impersonate another person or misrepresent your affiliation; (f) use the Website for fraudulent, unlawful, or abusive purposes; or (g) remove or alter any copyright, trademark, patent, or other proprietary notice.

Unless Proofit expressly authorizes otherwise in writing, Products purchased through the Website are intended for personal use and not for commercial resale. Proofit reserves the right, subject to applicable law, to refuse or cancel orders that it reasonably believes are intended for unauthorized resale, redistribution, or other commercial exploitation.

Orders and Acceptance

Your submission of an order constitutes an offer to purchase the Products identified in the order. Proofit reserves the right to accept or reject any order, in whole or in part, for any lawful reason, including Product unavailability, pricing or description errors, suspected fraud, payment issues, shipping restrictions, or quantity limitations.

An automated order acknowledgment does not constitute acceptance of your order. Unless otherwise required by applicable law, an order is accepted when Proofit sends confirmation that the Product has shipped or otherwise expressly confirms acceptance.

Proofit may cancel an order before shipment. If Proofit cancels an order after receiving payment, Proofit will refund the amount paid for the canceled Product.

Prices and Payment

Prices, promotions, discounts, availability, and Product offerings are subject to change without notice before an order is accepted. Applicable taxes, shipping charges, and other charges will be disclosed during checkout where required.

You agree to provide current, complete, and accurate billing, shipping, and payment information. By submitting payment information, you represent that you are authorized to use the selected payment method and authorize Proofit and its payment processors to charge the amounts displayed at checkout.

Payment processing may be performed by third-party payment processors and may also be subject to their applicable terms and privacy policies.

 

Fraud and Payment Disputes

Proofit reserves the right to use reasonable fraud-prevention measures, verify order or payment information, request additional information reasonably necessary to verify a transaction, and refuse or cancel transactions that Proofit reasonably suspects are fraudulent, unauthorized, abusive, or otherwise unlawful.

If you dispute a charge, you agree to provide truthful and accurate information concerning the transaction. Nothing in these Terms limits any lawful right you may have to dispute an unauthorized or improper charge with your payment provider.

Shipping and Delivery

Shipping and delivery dates are estimates unless Proofit expressly agrees otherwise in writing. Proofit does not guarantee delivery by any particular date and is not responsible for delays caused by carriers, weather, governmental actions, supply-chain disruptions, incorrect addresses, or other circumstances beyond Proofit's reasonable control, subject to applicable law.

You are responsible for providing complete and accurate shipping information. Additional costs resulting from an incorrect or incomplete address, refused delivery, or failure to accept or retrieve a shipment may be charged to you or deducted from a refund to the extent permitted by applicable law.

Title to and risk of loss for Products pass as provided by applicable law and any shipping terms disclosed at checkout. Nothing in these Terms alters any non-waivable consumer right relating to shipment or delivery.

Returns, Refunds and Exchanges

Returns, refunds, exchanges, defective Product claims, return shipping, and related matters are governed by Proofit's Return & Refund Policy, which is incorporated into these Terms by reference.

Nothing in these Terms or the Return & Refund Policy limits any right or remedy that cannot lawfully be waived or excluded.

Product Use and Safety

Proofit Products must be used only for their intended purposes and in accordance with all instructions, warnings, labels, hangtags, care information, and other materials supplied with the Product.

Proofit Products are WATER-RESISTANT, NOT WATERPROOF. Products are not intended for full submersion, prolonged exposure to water or moisture, high-pressure water, flooding, severe weather conditions, or other unintended use.

Certain Products contain strong magnets and may present risks involving medical devices, magnet-sensitive items, ingestion, choking, suffocation, entanglement, or other misuse. Proofit's Product warnings and Disclaimer are incorporated into these Terms by reference.

You are responsible for inspecting Products before use, using them as intended, properly positioning and securing the Product and all closures, and following all applicable warnings and care instructions.

A Product should not be used as the sole means of protecting electronics, medical devices, identification documents, irreplaceable items, or other valuable or water-sensitive property. You are responsible for employing additional protective measures appropriate to the nature and value of the contents and anticipated environmental conditions. Proofit does not insure property placed in, under, or otherwise used with a Product.

Product Information

Proofit uses commercially reasonable efforts to describe and depict Products accurately. However, photographs, colors, dimensions, specifications, packaging, design details, and other Product characteristics may vary due to manufacturing tolerances, display settings, Product improvements, and other factors.

Proofit reserves the right to correct errors, modify Product specifications, and make improvements or changes that do not materially impair the Product's intended functionality, subject to applicable law.

Feedback and Suggestions

If you voluntarily provide Proofit with ideas, suggestions, feedback, recommendations, concepts, or other input concerning Proofit, the Website, or Products (“Feedback”), you grant Proofit a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, modify, develop, commercialize, and otherwise exploit such Feedback for any lawful purpose without compensation or attribution to you.

You represent that you have the right to provide such Feedback and that Proofit's use of it will not violate the rights of any third party.

Third-Party Websites and Services

The Website may contain links to or integrations with third-party websites, services, payment processors, social-media platforms, or other resources. Proofit does not control and is not responsible for third-party content, products, services, privacy practices, security, availability, or conduct. Your interactions with third parties are governed by their applicable terms and policies.

Suspension and Termination of Website Access

Proofit may suspend, restrict, or terminate your access to the Website where Proofit reasonably believes you have violated these Terms, engaged in fraudulent or unlawful conduct, interfered with Website operation or security, abused Proofit's policies, or otherwise created material risk to Proofit or others.

Termination or suspension of Website access does not affect rights or obligations arising from purchases already completed, provisions intended to survive, or rights and remedies accrued before termination.

Copyright Complaints

If you believe content on the Website infringes your copyright, please send written notice to support@proofitbag.com identifying: (a) the copyrighted work; (b) the allegedly infringing material and its location; (c) your name and contact information; (d) a statement that you have a good-faith belief that the challenged use is unauthorized; (e) a statement under penalty of perjury that the information provided is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Proofit, Inc., its affiliates, and their respective officers, directors, employees, agents, representatives, successors, and assigns from and against third-party claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your unlawful or unauthorized use of the Website; (b) your material breach of these Terms; (c) your violation of applicable law or the rights of a third party; or (d) your fraud, willful misconduct, or misuse of the Website or Products.

This provision does not require a consumer to indemnify Proofit for Proofit's own negligence, a defective Product, or any liability that cannot lawfully be shifted to the consumer.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY SEPARATELY PROVIDED BY PROOFIT, THE WEBSITE, ITS CONTENT, AND PROOFIT PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, PROOFIT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DURABILITY, PERFORMANCE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, PROOFIT DOES NOT WARRANT OR GUARANTEE THAT ANY PRODUCT WILL PREVENT ALL WATER OR MOISTURE INTRUSION, PROTECT CONTENTS UNDER ALL CONDITIONS, OR PREVENT DAMAGE TO ELECTRONICS, VALUABLES, DOCUMENTS, MEDICAL DEVICES, SPORTS EQUIPMENT, OR OTHER PROPERTY.

PROOFIT DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY WARRANTY, RIGHT, REMEDY, OR LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROOFIT, INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, DATA, REVENUE, PROFITS, BUSINESS OPPORTUNITY, OR DAMAGE TO PROPERTY OR CONTENTS, ARISING OUT OF OR RELATING TO THE WEBSITE, THE PURCHASE OR USE OF ANY PRODUCT, OR THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROOFIT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY PRODUCT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO PROOFIT FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF PROOFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PROOFIT AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

Waiver

No failure or delay by Proofit in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof. Any waiver by Proofit must be in writing and shall apply only to the specific circumstance for which it is given.

Amendments to These Terms

Proofit may revise these Terms from time to time to reflect changes in its Products, Website, business practices, or applicable law. The “Updated” date appearing above identifies the most recent revision.

Revised Terms will apply prospectively unless otherwise required by applicable law. Terms applicable to a Product purchase will generally be those presented or otherwise made available to the Customer at the time the applicable order was placed. Where required by applicable law, Proofit will provide additional notice of material changes.

Entire Agreement; Incorporated Policies

These Terms, together with Proofit's Privacy Policy, Return & Refund Policy, Disclaimer, any applicable written warranty, and any additional terms expressly presented in connection with a particular purchase or promotion, constitute the agreement between you and Proofit concerning the Website and purchases made through it.

In the event of a direct conflict among these documents, any specific written terms expressly applicable to the particular transaction or Product will control with respect to that subject matter, followed by these Terms, unless applicable law requires otherwise.

Intellectual Property

The Website and all trademarks, service marks, trade names, logos, Product names, Product designs, inventions, features, technology, graphics, photographs, videos, text, copy, software, packaging, trade dress, and other content and materials displayed or made available through the Website are owned by, licensed to, or otherwise lawfully used by Proofit, Inc. and are protected by applicable copyright, trademark, patent, trade-secret, and other intellectual-property laws.

Except for the limited right to access and use the Website in accordance with these Terms, nothing in these Terms or on the Website grants any license, ownership interest, or other right in Proofit's intellectual property, whether by implication, estoppel, or otherwise.

No person may copy, reproduce, modify, distribute, display, publish, sell, license, exploit, reverse engineer, create derivative works from, register, or otherwise use Proofit's intellectual property without Proofit's prior written consent, except to the extent expressly permitted by applicable law.

Certain Proofit Products, designs, features, and technologies are or may be protected by pending U.S. and foreign patent applications. Proofit expressly reserves all rights in its inventions, designs, improvements, and proprietary technology.

 

 

Dispute Resolution; Informal Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE CERTAIN DISPUTES DECIDED BY A COURT OR JURY.

Before commencing arbitration, either party must provide the other with written notice describing the nature and basis of the dispute and the relief requested (a “Notice of Dispute”). Notices to Proofit must be sent to support@proofitbag.com and to Proofit, Inc., 2720 S. River Road, Des Plaines, Illinois 60018. Proofit may send a Notice of Dispute to the mailing or email address associated with your order or account.

The parties shall attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of the Notice of Dispute before commencing arbitration, except where immediate injunctive or equitable relief is reasonably necessary.

Binding Individual Arbitration

Except for disputes that qualify for small-claims court and claims seeking temporary or preliminary injunctive relief to protect intellectual-property rights, confidential information, or against imminent irreparable harm, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, a Product, a purchase from Proofit, or the relationship between you and Proofit that cannot be resolved through the informal process above shall be resolved by binding arbitration on an individual basis.

The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules then in effect, as modified by these Terms. If there is a conflict between these Terms and the AAA Consumer Arbitration Rules, these Terms will control to the extent permitted by applicable law.

The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration agreement. The arbitrator shall have authority to award any individual remedy or relief that would otherwise be available in a court of competent jurisdiction, subject to these Terms and applicable law.

Proofit will pay arbitration fees to the extent required by the AAA Consumer Arbitration Rules or applicable law. Each party shall otherwise bear its own attorneys' fees and costs unless the arbitrator awards fees or costs where authorized by applicable law.

In the event of twenty-five (25) or more substantially similar arbitration demands as described in the Coordinated and Mass Arbitration Section below, the procedures set forth in that Section shall apply to the extent permitted by applicable law.

Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PROOFIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.

UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, CLASS, COLLECTIVE, CONSOLIDATED, OR MASS PROCEEDING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PROOFIT EACH WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE SUBJECT TO THESE TERMS.

Coordinated and Mass Arbitration

To the fullest extent permitted by applicable law, if twenty-five (25) or more substantially similar arbitration demands are filed with or submitted to an arbitration provider against Proofit by or with the assistance, coordination, or representation of the same or coordinated counsel, organization, or group of claimants within a one hundred eighty (180)-day period (a “Coordinated Arbitration”), the claims shall remain individual claims and shall not be consolidated into a single arbitration, except as expressly provided in this Section.

The parties agree that Coordinated Arbitrations shall be administered in batches of no more than twenty-five (25) individual arbitrations at a time. Each arbitration within a batch shall proceed separately before a single arbitrator, and no arbitrator shall have authority to consolidate claims, conduct a class, collective, representative, or mass proceeding, or award relief to or against any person who is not a party to that individual arbitration.

After each batch is finally resolved, settled, withdrawn, or otherwise concluded, the next batch of up to twenty-five (25) individual arbitrations may proceed. No additional batch shall be filed with or administered by the arbitration provider until the preceding batch has concluded, unless Proofit and the applicable claimants agree otherwise in writing.

The parties shall cooperate in good faith to implement this batching process in an efficient manner and to minimize unnecessary arbitration fees and costs. Statutes of limitation and other filing deadlines applicable to claims that are subject to this batching procedure shall be tolled from the date a compliant Notice of Dispute is received until the claimant's individual arbitration may be filed under this Section, to the extent permitted by applicable law.

Notwithstanding the foregoing, if the AAA determines that its then-applicable rules or procedures governing coordinated, mass, or multiple consumer arbitration filings apply and conflict with the batching procedures set forth above, those AAA procedures shall govern to the minimum extent necessary for AAA to administer the claims, provided that the requirement that claims proceed on an individual basis and the Class Action and Jury Trial Waiver shall remain enforceable to the fullest extent permitted by applicable law.

If a court of competent jurisdiction determines that any portion of this batching procedure is unenforceable as to a particular claim or claimant, that determination shall not invalidate the requirement that arbitrations proceed on an individual basis or the remainder of the arbitration agreement, except to the extent otherwise required by applicable law.

Small Claims Court

Notwithstanding the arbitration provisions above, either party may bring an individual action in a small-claims court of competent jurisdiction if the claim qualifies for that court and remains solely on an individual, non-representative basis.

Right to Opt Out of Arbitration

You may opt out of the Binding Individual Arbitration, Class Action and Jury Trial Waiver, and Coordinated and Mass Arbitration provisions by sending written notice to Proofit at support@proofitbag.com within thirty (30) days after the date of your first purchase subject to these Terms. Your notice must include your full name, mailing address, email address used for the purchase, applicable order number, and an unambiguous statement that you wish to opt out of arbitration.

Opting out of arbitration will not affect any other provision of these Terms.

Governing Law

Except to the extent governed by the Federal Arbitration Act or preempted by federal law, these Terms and any dispute arising out of or relating to them shall be governed by the laws of the State of Illinois, without regard to conflict-of-law principles, except to the extent the law of another jurisdiction must apply and cannot lawfully be waived.

Venue

For any dispute that is not subject to arbitration and is not properly brought in small-claims court, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois, except where applicable law requires otherwise.

Notices

Except where these Terms expressly provide otherwise, notices to Proofit under these Terms must be sent to Proofit, Inc., 2720 S. River Road, Des Plaines, Illinois 60018, with a copy by email to support@proofitbag.com. Proofit may provide notices to you electronically, including by email to the address associated with your order or account, by posting a notice on the Website where permitted by applicable law, or by other means reasonably calculated to provide notice. Electronic communications satisfy any legal requirement that a communication be in writing to the extent permitted by applicable law.

Promotions

Proofit may from time to time offer contests, sweepstakes, promotions, discounts, or other promotional programs (“Promotions”). Promotions may be subject to separate official rules, eligibility requirements, geographic restrictions, expiration dates, or additional terms.

If separate Promotion terms conflict with these Terms, the specific Promotion terms will control solely with respect to that Promotion. Proofit reserves the right to modify, suspend, or terminate a Promotion as permitted by applicable law.

Pricing and Other Errors

Proofit reserves the right to correct typographical, pricing, description, availability, or other errors on the Website. If a Product is listed at an incorrect price or with materially incorrect information, Proofit may refuse or cancel the affected order before shipment, subject to applicable law.

If Proofit cancels an affected order after payment has been collected, Proofit will refund the amount paid for the canceled Product to the original payment method.

Miscellaneous

These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. You may not assign or transfer your rights or obligations under these Terms without Proofit's prior written consent. Proofit may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or other corporate transaction.

Section headings are for convenience only and do not affect interpretation. Provisions that by their nature should survive termination or completion of a transaction—including intellectual-property provisions, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and accrued rights—shall survive.

Proofit shall not be liable for delay or failure to perform an obligation, other than an obligation to issue an approved refund or other payment already due, to the extent caused by circumstances beyond its reasonable control.

 

 

 

Contact Us

Questions regarding these Terms may be directed to:

Proofit, Inc.
2720 S. River Road
Des Plaines, Illinois 60018
Email: support@proofitbag.com