We want to keep our relationship with you as lean and informal as possible, but please read these Terms of Service carefully before you start using Proposify, because by signing up to the Service and completing your registration you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, you must not use the Service, but please let us know at firstname.lastname@example.org. We'll be happy to hear your comments and suggestions.
Welcome to Proposify, the online business proposal software owned by Proposify Inc., a company registered in Nova Scotia, Canada and with a mailing address of PO Box 57 Main Dartmouth, NS B2Y 3Y2 (a.k.a. 'we' or 'us' or ‘Proposify’). We are excited to have you (on behalf of yourself or you as a duly authorized officer of the corporation that you represent (individually and collectively, ‘you’) as a user of our product and services. The following terms and conditions (collectively, these 'Terms of Service') apply to your use of Proposify including any applicable free trials, any content, functionality, and services offered on or via Proposify (the 'Service'). These Terms of Service for Proposify constitute a legal agreement and are entered into by and between you and Proposify. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference, govern your access to and use, including any content, functionality and services offered on or through the Proposify website (the "Website").
By your use of this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Proposify (either on your own behalf, or as a duly authorized officer of the corporation that you represent that can bind such corporation to these Terms of Service) and meet all of the foregoing eligibility requirements. You further represent and warrant that you will only use this Service for business purposes and not for any household, personal, or private purposes. If you do not meet all of these requirements, you must not access or use the Website, and Proposify will not be liable to any person for any use of the Website contrary to these Terms of Service.
Proposify reserves the right to update the Service and these Terms of Service from time to time, in our sole discretion and without notice. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
These Terms of Service were last updated on . They are effective between you and Proposify as of the date you accepted them (‘Effective Date’).
The content on our Website is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither Proposify, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.
These Terms of Service were last updated on July 18, 2023. They are effective between you and Proposify as of the date you accepted them (‘Effective Date’).
We're working hard on improving Proposify, but we can't guarantee that the Service will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users, including in the case of system failure, maintenance, repair or reasons beyond our control. In any case, we will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
To access the Service you must first register by entering your email address and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend that you choose a strong password (for example and purely for the purposes of illustration, 'itslongWITHCAPSand99numbers!!') and you log out from your account at the end of every session. We are not responsible or liable for any loss or disclosure of your data resulting from your use of the Service, including (but not limited to) from your failure to adequately secure your log-in credentials.
It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As is common for online services, we reserve the right to suspend or disable any user account, at any time in our sole discretion for any or no reason whatsoever, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
You shall use the Service solely for your internal business purposes as contemplated by these Terms of Service and shall not at any time whether directly or indirectly: (i) access content and data that is not intended for you; (ii) attempt to tamper or actually tampering with the security of the Service or with the accounts of any of our other customers; (iii) log into a server or account that you are not authorised to access, (iv) attempt to probe, scan or test the vulnerability of the Service or to breach the security or authentication measures without proper authorization; (v) render any part of the Service unusable; (vi) reproduce TCP/IP packet header(s); (vii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (viii) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or harmful to the normal operation of the Website; (ix) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing (or otherwise attempt to interfere with the normal operation of the Website); (x) lease, distribute, license, sell or otherwise commercially exploit the Service or make the Service available to a third party other than as contemplated in these Terms of Service; (xi) use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (xii) provide to third parties any evaluation or Free Trial (as defined below) version of the Service without our prior written consent.
In addition, you agree to comply with all applicable laws and regulations in your use of the Service and that in particular you will not use the Services to communicate any message or material that is: (i) libelous, harmful to minors, obscene or constitutes pornography; (ii) infringes the intellectual property rights of any person or is otherwise unlawful; or (iii) would otherwise constitute or encourage conduct that could constitute a violation or attempted violation under any applicable law or regulation. We have no obligation, nor any responsibility to any person to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by you or any other person, subject to applicable laws.
Proposify may (with or without notice to you) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless Proposify, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by Proposify relating to any investigations by either Proposify or by law enforcement authorities.
We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Service or any content provided on the Service is error free.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your data (including any confidential or personal information), we cannot guarantee the security of any data transmitted to our Website. Any transmission of data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Proposify may make all or part of the Service available to you on a trial basis free of charge (‘Free Trial’). The Free Trial shall begin when you submit a registration to us and shall terminate on the earlier of (i) the Free Trial expiration date specified by us upon receiving your registration, or (ii) the date you subscribe to a Proposify Paid Service (as defined below).The Service is provided “as-is” and without warranty of any kind during the Free Trial, and Proposify will not have any liability to you whatsoever in connection with your use of any such Free Trial. Your data you enter during the Free Trial will be permanently deleted within 12 months following the end of the Free Trial.
If you agree to pay the fee for access to one of the Proposify subscriptions (‘Proposify Paid Service’), the applicable non-refundable fee will be charged by Proposify to the company or other corporate entity designated by you in accordance with the payment method you have chosen for your purchase, in advance either as a one-off annual payment, on a monthly basis, or on a quarterly basis depending on your chosen subscription. If you are paying by credit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). Proposify accepts a variety of different payment methods, so please check the Website for the best way for you to pay.
Subject to your compliance with these Terms of Service (including your payment obligations as may be applicable), we will make the Service available to you during the term of your subscription to the Proposify Paid Service. You agree that your purchase of the Proposify Paid Service is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by us with respect to future functionality or features.
If you subscribe to either the Team or Business Proposify Paid Service, you may give additional users access to the Service up to the number of permitted users specified in the applicable Proposify Paid Service (‘Users’). The Users may include you and your employees, consultants, contractors and agents. You must ensure that all Users comply with these Terms of Service and you are responsible for such compliance. If you exceed the number of Users permitted by your Proposify Paid Service, you will be in breach of these Terms of Service and we will have the right to terminate or suspend your access to the Service or pursue any other remedy available to us. Such breach may be cured by you if you promptly (i.e., upon discovery of any excess or unauthorized use) contact us and make arrangements for any excess use to be accounted and paid for by you.
Proposify may change the price for the Proposify Paid Service from time to time. In respect of the Proposify Paid Service, such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you at least 14 days in advance so that you have an opportunity to elect to not renew. If you do not wish to be bound by such changed price relating to your Proposify Paid Service, you may terminate your subscription of your Proposify Paid Service in accordance with the Section of these Terms of Service entitled “Term and termination” below. Your continued use of the Proposify Paid Service after the communication of such price change to you constitutes an acceptance of such new price.
Your subscription to the Proposify Paid Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with the Section entitled “Term and termination”. At the time of renewal, the payment method you have designated to be charged for the purchase of the Proposify Paid Service will automatically be charged our then current fees for the applicable subscription.
Except where such exclusions are prohibited by law, under no circumstance will Proposify, its affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the website, any linked websites or such other third-party websites, nor any website content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.
Your use of the service is at your sole risk. The service is provided ‘as is’ and ‘as available’. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Our Service may contain links to third party websites, products or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party website or service.
If you use our Service in conjunction with the applications or services of third parties, your use of such applications or services is subject to the terms and conditions specified by those third parties and we assume no responsibility for your use of the same.
These Terms of Service will become effective on the Effective Date and will remain effective until terminated by you or Proposify. You may cancel your subscription of the Proposify Paid Service at any time by visiting your subscription page, which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). Proposify will not refund any remaining portion of subscription fees you have already paid for. Proposify reserves the right to terminate these Terms of Service or suspend your Proposify account at any time in case of unauthorized, or suspected unauthorized use of the Service whether in contravention of this Agreement or otherwise. If Proposify terminates these Terms of Service, or suspends your Proposify account for any of the reasons set out in these Terms of Service (including any other terms), then to the maximum extent permitted by law, Proposify shall have no liability or responsibility to you, and will not refund any amounts that you have previously paid.
You and Proposify each agree to keep confidential all confidential information provided to it by the other party in connection with these Terms of Service and to protect such confidential information in the same manner as it protects its own confidential information. Neither you nor Proposify will disclose or use any confidential information of the other party for any purpose outside the scope of these Terms of Service except with the disclosing party’s consent or as required by law.
You retain all right, title and interest in and to all data (including personal data) that you upload to Proposify or otherwise provide to Proposify through your use of the Service. When Proposify is processing personal data on your behalf our Standard Data Protection will apply to such processing.
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Proposify, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Proposify name, the registered Proposify trademarks in Australia, Canada, and the U.S.A., the Proposify logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Proposify or its affiliates or licensors. You must not use such marks without the prior written permission of Proposify. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
Proposify respects intellectual property rights, and expects you to do the same. The Service and the content provided through Proposify is the property of Proposify or Proposify's licensors and protected by intellectual property rights. By registering to use the Service we grant you a non-exclusive non-transferable licence to use the Service and you acknowledge that, except for the rights granted hereunder, you do not have a right to use the Service (including but not limited to its content) in any manner not covered by or contrary to these Terms of Service.
In particular, you shall not: (i) modify, translate, or create derivative works based on Proposify or any element of the Service; (ii) create any link to Proposify or frame or mirror any content contained or accessible from the Service, (iii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of Proposify; (iv) or access the Service in order to (a) build a competitive product or service, or (b) copy any ideas, features, functions or graphics of the Service. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
You must not infringe any third party's intellectual property rights in using Proposify or the Service. You are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices contained on or provided through the Service.
Proposify will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Proposify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice.
Proposify may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
These Terms of Service constitute all the terms and conditions agreed upon between you and Proposify and supersede any prior agreements in relation to the subject matter of these Terms of Service, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Terms of Service in any written or oral communication from you to Proposify are void. You agree and accept that you have not accepted the terms and conditions of these Terms of Service in reliance of or to any oral or written representations made by Proposify not contained in this Agreement.
Should for any reason or to any extent any provision of these Terms of Service be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service and the application of that provision shall be enforced to the extent permitted by law.
You and Proposify are independent contractors. These Terms of Service do not create a joint venture or partnership between you and Proposify and neither of us are by virtue of these Terms of Service authorised to act as an agent, employee or representative of the other party.
Proposify may revise these Terms of Service from time to time. Any waiver of any right or remedy under these Terms of Service by Proposify must be in writing and signed by us. No delay in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on any future occasion.
Any notices under these Terms of Service shall be in writing and shall be deemed to have been delivered: (i) upon personal delivery; (ii) the fifth business day after mailing; or (iii) the third business day after sending by email. Notices to Proposify shall be addressed as follows:
Attn: Legal Department
PO Box 57 Main
NS B2Y 3Y2
i. You and Proposify agree that any dispute, claim or controversy arising out of or relating in any way to the Service or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the Commercial Arbitration Act of Nova Scotia governs the interpretation and enforcement of this provision, and that you and Proposify are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Terms of Service and the termination of your subscription to a Proposify Paid Service.
Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the applicable arbitration rules with the remainder paid by Proposify. Any arbitration costs or fees deemed 'excessive' will be paid by Proposify. v. You and Proposify further agree that applicable laws of Nova Scotia shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Nova Scotia.
ii. You and Proposify agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Service are NOT subject to mandatory arbitration. Instead, you and Proposify agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Nova Scotia, Canada, and that applicable Nova Scotia and/or Canadian federal law shall govern, without regarding to choice of law principals.
iii. You and Proposify agree that each may bring claims against the other only in our respective individual capacities, and not as a class member or in any representative capacity or proceeding involving any other person(s).
In the event that these Terms of Service are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation. Copyright © 2021 Proposify and its affiliates. All rights reserved.
PO Box 57 Main Dartmouth, NS B2Y 3Y2