1. Proposal Engine Terms of Service
Proposal Engine is a software product and a collection of services (“Services”), which can be used online or offline, on various stationary and mobile devices. Proposal Engine is made and operated by Proposal Engine Inc. – Proposal Engine Inc. Copenhagen, Denmark. This document sets forth certain terms and
conditions (“Terms”) of the legal contract between you (“User”) and Proposal Engine Inc. with respect to User’s use of the Proposal Engine Inc. Services, whether as an unregistered visitor (“Visitor”), a free account holder (“Registered User”), or a paying customer (“Proposal Engine Pro Member”).
2. Accepting the Terms
In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
clicking to accept or agree to the Terms, where this option is made available to you by Proposal Engine Inc. in the user interface for any Service; or
by actually using the Services. In this case, you understand and agree that Proposal Engine Inc. will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Proposal Engine Inc., or otherwise incapable of forming binding contracts.
3. Availability of Services
Due to the continuing development and improvement of the Services, they are subject to change. You acknowledge and agree that the form and nature of the Services provided by Proposal Engine Inc. may change from time to time without prior notice to you.
You acknowledge and agree that Proposal Engine Inc. do not guarantee completely uninterrupted and continuous availability of the Services. While the Services shall be available for the vast majority of the time, the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Proposal Engine Inc. shall not be responsible to User or others for any such interruptions, errors or problems or an outright discontinuance of the Services.
You acknowledge and agree that if Proposal Engine Inc. disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. Access to accounts may only be disabled in the event of violation of the Terms or in the case of User’s actions potentially disrupting to the operation of the Services.
In the case of the termination of the Services, Proposal Engine Inc. will notify the Users well in advance and continue to operate the Services according to contractual obligations until the paid subscriptions to Proposal Engine Pro have expired.
4. User’s account, password and security
By using the Services, you represent and warrant that all registration information is truthful and accurate and you agree to maintain the accuracy of such information.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
5. Privacy and your personal information
6. Free accounts
Visitors to Proposal Engine may register a free account with their e-mail address and thus become Registered Users. Free accounts offer basic features free of charge. A valid e-mail address and the confirmation of its validity by clicking on a link sent by e-mail are required.
7. Proposal Engine Pro Membership
The User may opt to become Proposal Engine Pro Member which will enable additional features of the Services, thus becoming Member Services. For the Registered User to become a Proposal Engine Pro Member, the payment of a subscription fee for Member Services in advance is required.
Member Services are charged as a yearly subscription, the payment of the fee guarantees the Proposal Engine Pro Member the usage of the Member Services for the period of one year since the date of the payment of the fee.
Payment of the fee creates a recurring payment on PayPal, meaning that the Proposal Engine Pro Member will be automatically charged the fee each year for the renewal of the subscription, unless the Proposal Engine Pro Member decides to terminate it. Proposal Engine Inc. will notify the Proposal Engine Pro Member of the impending subscription renewal and fee by e-mail two weeks before the renewal of the subscription.
First 30 days since the purchase of the subscription to Member Services are a trial period, during which the Proposal Engine Pro Member may decide to terminate the subscription to Member Services. In such case the Proposal Engine Pro Member is entitled to a full refund of the subscription fee.
Proposal Engine Pro Member may at any time choose to terminate the subscription to Member Services. Proposal Engine Pro Member may do so by:
terminating the automatic subscription renewal, meaning they will be able to use the Member Services until the expiration of their subscription at which point it will not be automatically renewed. The Proposal Engine Pro Member will then be switched to an ordinary Registered User account, meaning they will lose usage of the additional Features provided by Member Services.
deleting their account. This will cancel the subscription to Member Services, the automatic renewal and delete the account and all the data of the Proposal Engine Pro Member.
If the Proposal Engine Pro Member choses to terminate the auto-renewal of the subscription to Member Services, the subscription remains active until the end of the year for which it was paid for. Refunds due to earlier terminations are not possible, except during the trial period.
Proposal Engine Inc. may provide promotion codes which can give a discount on the price of the subscriptions. The discount is valid for the first year of subscription only, further years will be charged at the regular price.
8. Proprietary rights
You acknowledge and agree that Proposal Engine Inc. own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Proposal Engine Inc., nothing in the Terms gives you a right to use any of Proposal Engine Inc.’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9. Licence from Proposal Engine Inc.
Proposal Engine Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Proposal Engine Inc. as part of the Services as provided to you by Proposal Engine Inc. (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Proposal Engine Inc., in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Proposal Engine Inc., in writing.
Unless Proposal Engine Inc. have given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10. Ending your relationship with Proposal Engine Inc.
The Terms will continue to apply until terminated by either you or Proposal Engine Inc. as set out below.
If you want to terminate your legal agreement with Proposal Engine Inc., you may do so by deleting your accounts for the Services and deleting and/or ceasing the use of all Software provided by Proposal Engine Inc..
Proposal Engine Inc. may at any time, terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
Proposal Engine Inc. are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
the provision of the Services to you by Proposal Engine Inc. is, in Proposal Engine Inc.’s opinion, no longer commercially viable.
11. Exclusion of Warranties
The Services are provided “as is” and Proposal Engine Inc. give you no warranty with respect to them.
In particular, Proposal Engine Inc. do not represent or warrant to you that:
your use of the Services will meet your requirements,
your use of the Services will be uninterrupted, timely, secure or free from error,
any information obtained by you as a result of your use of the Services will be accurate or reliable, and
that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
Proposal Engine Inc. reserve the right to change the Terms from time to time in its sole discretion. In the event of such changes, Proposal Engine Inc. will post the changes on the Proposal Engine site and/or notify User via e-mail. Also, Proposal Engine Inc. may ask User to review and consent to the changes at the time of User’s next account login or at the time of his/her next visit to the Site. By continuing to use any of the Proposal Engine Inc. Services after such notice and consent, User agrees to be bound by the changes to Terms.