Welcome to Proposales! These terms of service apply to your use of the services provided through the website proposales.com and/or the desktop application. The website and desktop application is operated and the Service is provided by Proposales AB, a company incorporated under the laws of Sweden. Your use of the Service is conditioned on your acceptance of and compliance with these Terms, so please take time to read them carefully before using the Service. By using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not use the Service.
1.1 The following words shall have the meaning as defined below:
“you” or “your” means the legal entity accepting and executing these Terms and, where applicable, the physical person acting on behalf of a legal entity when creating an account.
“account” means your, password protected, account from where you access the Service.
“user” means the physical person using the Service.
“user account” means the user’s personal, and password protected, account from where the user access the Service.
“user content” means all texts, graphics, videos, pictures, and all other information, including business proposals, provided or made available by you, or any user, in the Service.
“Service” means the services provided through the website.
“website” means, if not otherwise follows from the given circumstances, proposales.com.
“desktop application” means the desktop application available for downloading on the website.
“we”, “us” or “our” means Proposales AB, Swedish registration number 559150-6075.
“Terms” means these terms of service.
2 THE SERVICE
2.1 The Service is an online, business to business, digital service that enables you to create, deliver and monitor business proposals and other quotes online. Business proposals may be static or interactive and accessible via a unique web link that can be opened by the receiver in any internet browser. You may share and grant access to your created business proposal by sharing the unique web link to a chosen recipient (such as a potential customer). By using the unique web link, your business proposal may be viewed and accepted by the receiver online. The purpose of the Service is to enable you a more sophisticated and delightful way to close business deals.
2.2 We reserve the right to modify, suspend, and/or discontinue the Service, or any parts thereof including, but not limited to functionality or features, at any time with or without notice. All new functionality, features or services introduced to the Service will be subject to what is stipulated in these Terms.
3. REGISTRATION, ACCOUNTS AND USER ACCOUNTS
3.1 In order to access the Service, you will have to register an account. Only legal entities can register an account for the use of the Service. In order to register an account, you will have to provide us with your company name and your company’s e-mail address. You, the physical person representing the legal entity, will also have to provide us with your name. You, the physical person, will be regarded as a user of the Service.
3.2 You can only create one account. From your account, you may however invite an unlimited number of users to use the Service under your account and thereby create and deliver business proposals in your company’s name. Each user will have to create a personal user account which will be connected to your account. You are at all times responsible for each user’s use of the Service and each user’s compliance with these Terms.
3.3 By registering an account, you warrant that you have the legal capacity to enter into these Terms and act on behalf of the legal entity that you claim to represent. It is the legal entity that will be bound by these Terms and all actions under your account will be interpreted as actions taken by the legal entity. If you do not have the legal capacity to act on behalf of the legal entity you, the physical person registering an account, will be bound by these Terms.
3.4 Your password to the account, as well as the user’s password to the user account, should be treated as confidential and you and the user respectively are responsible to keep passwords confidential at all times by, for instance, never revealing it to anyone else.
3.5 You shall only provide us with current, true and complete information and you are responsible for keeping any provided information updated and complete.
3.6 You may terminate your account, or any connected user accounts, at any given time. However, no payments made to us in case of such termination will be refunded. Each user may cancel its own user account at any time. However, no payments made to us for such user account will be refunded. If your account is reclaimed, suspended or terminated, all connected user accounts will be terminated as well.
4. USE OF THE SERVICE
4.1 You are entirely responsible for any and all of your use of the Service and you are liable for all actions and activities conducted under your account and connected user accounts.
4.2 When using the Service, you agree to:
a. use the Service for lawful purposes only;
b. not use the Service to post, transmit or otherwise distribute illegal material;
c. not defame, abuse, harass, threaten or otherwise violate the legal rights of others or of any third party, including us;
d. not in any manner publish, post or in any other way express any topic, material or information that is inappropriate, infringing on third party rights, obscene, pornographic, racist, politically slanted, indecent or unlawful;
e. not contribute to destructive activities such as the spreading of viruses, spam or any other activity that might harm the Service, third parties or us in any way.
4.3 If we find or suspect that you violate these Terms, any applicable local or international laws, rules or regulations or any other provisions set up by us regarding the use of the Service, or risk of harming our trademark, goodwill or reputation, we reserve ourselves the right to suspend or terminate your account and/or any connected user accounts. We may also hold you responsible for any damages, costs or expenses arising out of, or in connection with your violation of these Terms.
5. PRICING AND PAYMENT
5.1 The price for the Service is available on the website. We may adjust the price for the Service from time to time. Unless we have agreed otherwise, adjusted prices shall take effect from any subsequent term of the Service for which you have paid for, however no sooner than thirty (30) days from the day we informed you about the adjusted price, for example by posting the new price on the website or by informing you through your registered e-mail address.
5.2 Any price stated excludes all taxes and charges and you are responsible for any taxes and other charges such as currency exchange settlements. Payment shall be made in the currency that has been quoted for your account.
5.3 Depending on the level of payment, more or less of the Service’s features will be provided to you. You may at any time chose to upgrade or downgrade your account in which case certain features will be added or limited. Any upgrades, and thereby any higher pricing of the Service, will take effect immediately. Any downgrades, and thereby lower pricing of the Service, will take effect from the subsequent term of the Service that you have accepted (i.e. paid for). If you wish to downgrade your account you may, besides losing access to certain features of the Service, lose access to some or all of your user content.
5.4 You may choose any of the payment methods provided through the Service and you must at all time be authorized to use your chosen method of payment. If you authorize us to charge your billing account, you are responsible to keep your billing information current and updated at all times. If you chose to pay against invoice, we have the right to send invoices electronically to your registered e-mail address.
5.5 Payment for the Service shall be made in advance for the accepted term of Service. The shortest term of Service is one (1) month. If we do not receive payment on the due date, we may suspend your account until payment has been received. If payment is not made within thirty (30) days we may terminate your account permanently.
5.6 Interest on overdue payment shall accrue according to the Swedish Interest Act (1975:365). We may use a third party to collect due amounts. You shall reimburse us for cost we incur to collect any due amounts, including legal fees and other costs.
6. USER CONTENT
6.1 You are at all times solely responsible for any user content created, uploaded or otherwise made available in the Service by you and for your sharing of user content with third parties. We are not responsible to make any backup copies of user content and we do not take responsibility for the loss of any user content.
6.2 By uploading user content in the Service you warrant that you are either the owner of the uploaded user content or that you hold a valid license to such user content from the appropriate holder of such rights and that the user content or your use of the user content is in no way in violation of any national or international legislation.
6.3 We reserve ourselves the right to may make smaller amendments to any uploaded user content, in order for the user content to fit in the Service. Such amendment shall, as far as possible, not affect the nature of the user content. By uploading user content in the Service, you grant us the right to make such amendments and you warrant that such amendments will not violate any right of the appropriate holder of such user content.
6.4 We reserve ourselves the right to block, restrict or delete any user content at any time without liability, if such user content constitutes or may constitute a violation of the Terms or any applicable national or international laws, rules or regulations or a risk of harming our’ trademark, goodwill or reputation.
7. INTELLECTUAL PROPERTY
7.1 The Service, its features, functionality, and design elements are and will remain our exclusive property. Our intellectual property may not be used in connection with any product or service without our prior written consent. We retain all proprietary rights related to the Service, and to all material posted by us, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree not to copy, modify, transmit, create or in any way reproduce copyrighted material, trademarks or other intellectual property rights without first obtaining our written consent.
8. THIRD PARTY WEBSITES AND SERVICES
8.1 We assume no responsibility for the content, advertising, goods or services, privacy policies or other practices of any third party websites or services that may be reached by links presented in the Service. You are responsible for evaluating whether to access or use a third party website or third party services or to be bound by any applicable terms found therein. Furthermore, you agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website or service.
9. PERSONAL DATA
9.1 Within the scope of providing you with the Service, we process personal data on your behalf in accordance with the Proposales Data Processing Agreement, which can be found here. By accepting these Terms, you and Proposales are bound by the terms of the Proposales Data Processing Agreement.
10. LIMITATION OF LIABILITY
10.1 We do not guarantee an uninterrupted, secure or error-free operation of the Service. The Service is provided “as is” without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We may not be held responsible for technical, hardware or software malfunctions, nor lost or unavailable network connections, downtime or disconnections from the account or user accounts.
10.2 We may not be held not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service, your account or any user account. We are not liable for any disclosure of confidential information shared by you through the Service, unless we have acted with gross negligence. As a reminder to you, created business proposals (which might include sensitive information) will be shared with the receiver via a (however unique and hard to recreate without making a copy) public URL-link.
10.3 We are not liable for any indirect, incidental or consequential damages, however caused and arising out of or in connection with your use of the Service. This includes, but is not limited to, the loss of profit, goodwill or business reputation, loss of data, or other intangible loss.
10.4 The Terms only regulate the use of the Service and the relationship between you and us. We are not part of the relationship between you and any third party, nor do we take any responsibility for the performance of any agreement entered into between you and third parties as a result of an accepted business proposal delivered through the Service.
11.1 The legal effect of an accepted business proposal delivered through the Service may vary depending on your legal residence and the jurisdiction governing the relationship between you and the recipient of the business proposal. Regardless, we cannot guarantee that any business proposals delivered by you through to the Service will create any legally enforceable agreement between you and the legal or physical entity receiving and/or accepting your business proposal. You are responsible to investigate the legal effect of created, delivered and accepted business proposals through the Service.
12. CHANGES OF THE TERMS
12.1 We may change these Terms at any time and for any reason. Any amendments will come into effect fourteen (14) days from the day they were published on the website and the day we sent you a notification that such amendments has been made, to your registered e-mail address.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 The Terms and your use of the Service shall be governed by Swedish law. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled by the public courts of Sweden, whereby the District Court of Stockholm shall be the first instance.