Terms of Use

Updated on 25 Nov 2021

In order to sign up and use Proposeful, you must give consent to our current Terms of Use and Privacy Policy.

These terms guide our services and your relationship with Proposeful.

About The Parties

1- Proposeful, also referenced here as the platform or the tools, refers to PROPOSEFUL SOLUÇÕES EM TECNOLOGIA LTDA., owner of the platform available at https://proposeful.com, a company registered in Brazil under CNPJ 17.569.749-0001/57 and also to the softwares made available to its users and clients.

2- Client refers to the natural or legal person that purchases and pays for Proposeful's services.

3- User, also referenced here as you, refers to the natural person that uses Proposeful's platform. User might refer to the client or to other people that have access to their account, as well as to users of free plans offered by Proposeful and to anyone accessing, signing or accepting documents on the platform.

About The Services

1-Proposeful offers access to its platform, which facilitates communication between its clients and users and third parties by acessing, creating, sending, signing and accepting documents. Access to Proposeful's platform is granted via websites, applications, web browser extensions and other softwares developed by Proposeful.

2- Proposeful is not a hosting service for hosting files and webpages and will not keep documents, datas or files beyond the necessary time for they typical use, as defined in our current Terms of Sevice.

3- Proposeful does not offer legal advice and is not responsible for determining the legal validity of accepting and signing documents on the platform for the ends the user intends.

4- Proposeful does not write or edits documents for its users and has no knowledge of the contents of documents created, sent, accepted or signed on the platform. Proposeful is not responsible for the contents of documents accessed on the platform and offers no guarantee whatsoever regarding the conditions and offers presented on them. In general, documents users create and upload to the platform are encrypted before being stored on the paltform. Proposeful and its team do not have access to document contents and will not access documents unless necessary to answer support tickets requests by users.

About Accepting These Terms of Use

1-These terms of use are the contract that guides the services provided by Proposeful to its users and clients and the relation between them.

2- Accepting the current Terms of Use is required in order to use Proposeful and in order for documents created and uploaded on Proposeful to be accessible.

3- Consent to these Terms of Use is given electronically by the user when clicking that they accept the terms when creating an account on Proposeful or by using the platform. The consent is valid for as long as the user continues to use or have data on the platform.

4- You may revoke your consent to our Terms of Use or Privacy Policy. In doing so, you also revoke your right to access and use Proposeful and the right to share your documents with third parties on our platform. This does not affect the period during which you had provided your consent to our Terms of Use. Revoking your consent to the terms of use does not cancel your contract or subscription, which must be done according to the terms on session "About Cancelling Your Account".

About the Right to Accept These Terms of Use

1- To accept these Terms of Use, you must be over 18 (eighteen) years old and of legal age in your country, or have authorization from your legal guardians.

2- The veracity and accuracy of information provided by you when signing up to or using the platform are exclusively your responsibility. When accepting these terms of use, you confirm that the information you've provided is correct, truthful and that you have the legal right to initiate this contract.

3- The goal of accepting these terms of use is to guide the relationship between you and Proposeful under the scope of services provided by Proposeful. Therefore, you may not accept these terms of use without direct authorization by Proposeful in case you: (1) work for or represent a competitor of Proposeful, (2) are doing so with the goal of benchmarking or competitive analysis for competitors of Proposeful, (3) are doing to monitor Proposeful's services or collect data on the platform, (4) have any other goal different from the scope of the services offered by Proposeful.

About Ownership of the Platform and the Proposeful Brand

1- Proposeful offers services for accessing and using its platform to its clients and users but does not grant ownership over the platform. Proposeful's platform, products, source code, files, images, brand and other components of the tools and software offered by Proposeful are owned exclusively by Proposeful and not its clients or users.

2- Proposeful does not authorize you to use the brand Proposeful in your communication or to say you represent or have any official connection to Proposeful.

About Updates to the Platform

1- Access to the platform is provided as-is. Proposeful frequently updates its platform with the goal of meeting the requirements of current and potential users. Proposeful may update its platform at any time, without needing to communicate clients or users, and may add or remove features freely according to its own strategic goals.

2- Proposeful has no obligation of implementing any features or changes to the platform requested by its clients or users. Proposeful has complete freedom to determine the interface and features of its products and may even remove or replace previously existing features or tools used by users and clients.

3- You will have access to all updates of the platform for the period hired or offered. However, if new features are released that were not present in the platform before, Proposeful is free to determine different prices for access to these new features. In this case, you will not have access to these features unless you change your plan.

How We Collect and Use Data

1- Our Privacy Policy determines how we collect, use and store data. You must provide your consent to the current Privacy Policy in order to use Proposeful.

About Accessing Your Account

1- Your user on Proposeful is exclusive, personal and non-transferible. You may not share it with other people. Your account is protected by a password and is assigned to an email address provided by you when signing up. You must ensure your password is safe and your account protected. If others gain access to your account, you are responsible for their use of your account.

2- Your user's API Key gives access to all accounts you have been invited to, according to your access level, and unrestricted access to your own account, of which you are the administrator. If you share this API Key with others, you are authorizing them to access and use your account in your name.

3- If you do not have access to your account and neither to the email address associated with the account, Proposeful may ask for additional data or documents to validate you as owner of the account. Proposeful has the right to deny access to your account and data if we are unable to determine if you are the account owner.

About Proposeful Communicating With Users and Clients

1- You authorize Proposeful to communicate any orientations, updates or answers to support requests regarding the platform, your subscription and your use of Proposeful to any users invited to your account or to anyone in your organization, without needing to communicate it directly to you or the account administrator.

About Documents and Content you Access on Proposeful

1- Proposeful offers tools to create, share, accept and sign documents with the goal of facilitating the communication between its users and others, when requested or expected by them. We consider documents proposals, contracts and any other file created on the platform or that has been uploaded to the platform by the user, as well as the contents and attachments related to it.

2- You agree to only send documents via Proposeful to third parties when requested or expected by them and to not use documents on Proposeful in email marketing campaigns or mass marketing campaigns, under punishment of having your account and documents permanently disabled without any warning and without right to any compensation to you or to others.

3- You understand that Proposeful: (1) has no knowledge of the content of documents created or made available by users and clients on the platform, (2) is not a party on any of these documents, (3) does not guarantee the veracity of any information presented on these documents, (4) does not participate in negotiations or in the relationship between parties that accept or sign these documents and (5) does not offer any guarantees for services or prices negotiated on them.

4- Nothing in these Terms of Use can be interpreted as to make Proposeful a part of any document created, processed, accessed or downloaded on the platform or outside. Proposeful does not participate in creating documents for its users and offers no guarantees regarding the deals celebrated between its users and others while using the platform.

About Document Templates Provided by Proposeful

1- Proposeful offers some document templates with the goal of exemplifying and facilitating the use of the platform when creating new documents. The user is responsible for adapting these templates according the their needs and the legal nature of the documents if they wish to use these templates. Proposeful is not responsible for the way the user uses these templates.

2- Proposeful does not offer legal advice and does not participate in creating documents or contracts for clients and users. You must always request proper legal advice from a lawyer if you are adapting Proposeful's templates for legal ends. You assume full responsibility for any damage or loss caused to you or others for using the templates provided by Proposeful or part of them in your documents.

About Creating, Uploading and Sharing Documents and Files on Proposeful

1- When creating or uploading documents and files on Proposeful, you understand and agree that you are responsible for any content, statements and offers included on them, before your clients or the law, and agree to exempt Proposeful of any responsabilities regarding how you use Proposeful and for damages or loss caused to you or to others for using the platform.

2- When creating documents on Proposeful, you understand and agree that documents will be made available through one or more web addresses (URL) presented to you in your Proposeful account and that any person on the web that has knowledge of these URLs will be able to access your documents and all data presented on it.

3- When using the platform, you will be able to upload documents, images and other files. In doing so, you take sole resposibility for the right of use and reproduction of these contents and for any violation of copyright or laws that using such content might incur in. You agree to not use content you do not own or have the right to use commercially and you take full responsability for any legal consequences of using said contents. You agree to exempt Proposeful of any responsabilities over the use of contents provided by you.

4- You agree to not include in your documents on Proposeful content that may qualify as or make reference to: activies or subjects of illegal or imoral nature, content that can be considered offensive, discriminatory or pornographic, content that incentivizes physical or verbal violence, hate speech or related to animal abuse, content and offers related to drugs (legal or illegal), toxic substances, firearms, hunting (even if legalized), content related to religious groups or religious institutions, political ideologies, political campaigns or political figures, controversial or chocking topics, sales and campaigns for multi-level marketing organizations and unregulated financial services or products. If Proposeful believes you've violated these terms, you agree that Proposeful can immediately deactivate or delete your account and data, including your documents, without need for any prior warning and without there being owned any compensation to you, and that you are solely responsible for all consequences, legal or otherwise, caused by your use of Proposeful.

5- Proposeful will cooperate with the law and the authorities and will provide data collected from you and others if requested by authorities.

6- You understand and agree that Proposeful has the right to remove, temporarily or permanently, accounts, documents, files and data that Proposeful believes to violate the current Terms of Use, that cause unusual load on our servers, that have been reported by others as inappropriate or that can compromise the experience of visitors and other users, without there being owned any compensation to you or others.

7- You agree it's your responsibility to communicate to others, when sharing documents on the platform with them: (1) about the terms mentioned here, (2) that you are entirely responsible for the contents presented on the documents, (3) that Proposeful is not a part of the documents and has no knowledge of its contents.

8- You understand that documents and files uploaded by you to the platform, as well as documents and files created by you on the platform, will be available to all users on your account, who may have permission to edit, download or even delete these files. You authorize all users who have access to your account to access, modify and delete these files, as well as share them with third parties, while using the platform.

About Accepting and Signing Documents on Proposeful

1-Proposeful offers electronic signature features for documents on its platform, refered in these Terms of Service as either signature or accept, according to the context of the document.

2- Signing or accepting documents electronically on Proposeful is intended as an alternative to simple hand-drawn signatures on paper and is done by authenticating a user's identity via an exclusive link or token sent to a personal email address or similar personal account belonging to the signatary. The address to which this unique link or token is sent is determined by the user that created the document on the platform, who must always provide an identifiable and personal account belonging to the signatary.

3- You are responsible for the accuracy and veracity of the information provided by you when creating, sending, sharing, accepting or signing documents on Proposeful. Proposeful does not validate information provided by users and is not responsible for it.

4- You understand that Proposeful: (1) is not a part of and has no knowledge of the documents created, accessed, signed or accepted on the platform, (2) is not responsible for the contents of these documents nor for the negotiations between you and others related there documents and (3) is not responsible for any losses or damages caused to you or to others for creating, accessing, signing or accepting documents on the platform.

5- You understand it's your responsibility to keep proofs of accepting or signing documents on Proposeful by the time required by your own needs and the law. This can be done by exporting a PDF file of the documents on the platform (according to the restrictions listed in the "About The Availability of Documents" session) and by keeping copies and communications regarding the documents received from Proposeful.

6-You understand that it's your responsibility to determine if accepting or signing a document electronically on Proposeful is sufficient for your legal requirements and for the nature of the document. Proposeful does not offer legal advice and cannot guarantee the legal validity of signatures for documents signed or accepted on the platform.

7-Electronic signatures may not be valid for certain types of documents or might subjected to certain regulations, according to your local law. Proposeful is not responsible for determining if the document you sign or accept on Proposeful may or may not be signed electronically.

8- You agree not to request Proposeful to participate in any disputes or legal conflict regarding documents created, accessed, sent, signed or accepted via the platform and you exempt Proposeful from any responsibilities regarding losses or damages caused to you or to others because of such disputes.

9- You agree that Proposeful, its staff and partners cannot be called to participate in disputes related to documents created, presented, accepted or signed on Proposeful, as witnesses or in any other way, and you will not request Proposeful to provide evidence for any part involved in the dispute since Proposeful has no knowledge on the content of documents created or presented on Proposeful and on negotiations regarding them, in which case you will also be responsible for any costs incurred to Proposeful because of such request.

10- You agree that you are responsible for communicating to others the aforementioned conditions whenever using Proposeful to send documents and collect signatures or accepts from them.

About The Availability of Documents

1- For the goal of these Terms of Use, documents are considered finalized 30 (thirty) days after they are created on or uploaded to the platform, regardless of having being signed or accepted.

2- You understand Proposeful has no obligation to keep copies or make available for access any documents considered finalized, regardless of them being signed or accepted, and that Proposeful may completely delete from its database and backups any finalized documents.

3- You exempt Proposeful from any responsibility regarding damage or loss caused to you or others because of the unavailability of documents created, accessed, signed or accepted on the platform.

About Storing Copies of Signed Documents

1- You are responsible for determining the need to keep copies - electronic or physical - of documents signed or accepted on the platform by the time required by law and by your own needs and also for storing these copies. Proposeful is not responsible for determing the need to store or share copies of documents and will not provide physical copies of documents signed on the platform.

2- Proposeful sends copies of files signed on the platform to each person that signed the document by email when all signatures have been collected. The user may download additional copies of the signed document while it's still available. You are responsible for verifying the integrity of the copies received upon receiving them and for communicating Proposeful immediately if the copy contains error or loss of information.

3- Proposeful is not responsible for determing the extension of a document or who should have access to documents or copies of signed and accepted documents. Proposeful will not provide copies of documents, signed or not, outside of the platform and of the terms specified in these Terms of Use.

About The Availability of Your Data and Documents

1- Proposeful can delete all data related to accounts that have been inactive for over 60 (sixty) days, with no no need of warning, including data on documents, finalized or not. We define as inactive an account that has not been accessed or seem activity.

2- You understand and agree that documents will only remain accessible during the time needed for a typical negotiation and that Proposeful may block access to documents considered finalized. You exempt Proposeful from any damage or losses caused to you or others for the unavailabity of documents on the platform.

3- In the event of termination of your subscription or account on Proposeful, regardless of the reason, Proposeful will block access to the your account and invited users after the paid or provided period expires. You, your invited users and anyone you shared documents with will not be able to access documents and data on your accounts after it has been blocked.

4- All user data and documents are accessed exclusively through the platform. Proposeful will not send documents or data requested by users or third parties manually or outside of what has been specified in these Terms of Use.

About Sending Emails and Messages Through Proposeful

1- Proposeful may let you send messages, via email or otherwise, using our software with the goal of facilitating communcation between clients and service providers. In this case, you authorize Proposeful to send messages in your name and agree that you are responsible for the contents of them. You also understand that anyone with access to your account, either through your login and password or API Key, will be able to send messages in your name and that you are responsible for how they use your account.

2- Proposeful does not guarantee keeping a record of messages send through our software, being your responsability to keep a record of messages as necessary.

3- If you connect Proposeful to other softwares and email accounts that you use, you authorize Proposeful to send messages and communicate on your behalf and you agree that you remain responsible for the contents of these messages and for monitoring what messages are being sent in order to remain complaint with regulations since these messages are being sent with your authorization or by your request.

About Payment And Prices

1- To use Proposeful, you must subscribe to or purchase a plan or package offered by Proposeful.

2- If so specified when subscribing to a plan, payments via credit card will be renewed automatically. In case our payment processors are not able to charge you automatically, your account and documents will remain inactive until payment is completed. If the payment cannot be processed, Proposeful may delete your account, documents and all data related to it according to these Terms of Use.

3- In case of payments made via one of Proposeful's payment processors partners, payment is made to the payment processor partner and not directly to Proposeful. For this reason, it's up to you to request to the payment processor any documents you made need for tax purposes. Additionally, on any payment made to Proposeful or to a payment processor partner, unless stated otherwise, you are responsible for any additional taxes that may incur to you from the transaction according to your local law.

4- The price of plans and packages can be altered at any moment without prior warning. Proposeful may opt to keep renovations of current clients with the original prices or update them to the new current prices.

5- For plans that are charged after use, either as a fixed price or according to use in the period or the number of users inveted to the account, the client agrees to pay the owned amount refering to the services used, even in case of fail to charge saved credit cards or account cancellation.

6- If Proposeful offers a free plan, this plan can be cancelled or removed without prior warning, without there being owned any compensation to users enrolled in it.

7- In case Proposeful offers a free trial period when subscribing to a paid plan, you agree that Proposeful or its payment processor partners may charge you immediately after the trial period ends in the event that you do not cancel your plan during the free trial period, with no need for additional communcation or confirmation, as informed upon subscribing.

About Cancelling Your Subscription

1- You may cancel your subscription at any time, regardless of the reason. All subscriptions have a monthly cycle, counted from the day the payment was first registered (e.g. 15th of each month). The cancellation takes effect from the next monthly cycle after the cancellation requested is received.

2- For plans that renew automatically on credit card, you may cancel your subscription via the platform at any time so that it's not renewed for the next billing cycle (monthly or otherwise). The cancellation request must be made by the account administrator. You may continue to use Proposeful for the paid period of the current billing cycle. After the paid period expires, your account will be disabled. If you have pending payments refering to previous or current billing cycles, these will be billed upon cancelling your subcription.

3- For subscriptions of periods over 30 days, cancellation may be requested at any point by opening a support ticket via the platform. If your cancellation request is received upon 7 (seven) days of the payment, the entire amount will be refunded to you. If the cancellation request is received after 7 (seven) days, Proposeful will calculate the unused monthly cycles in your contract and refund you proportionally. A 10% (ten percent) fine will be subtracted from the amount refunded to the client as compensation for cancelling pre-paid subscriptions.

4- When due, refunds of payments received via credit card will be made by partial or complete refund of the transaction and refunds of payments received via other methods will be paid to a bank account in Brazil or to a Paypal account informed by client in up to 30 (thirty) days. If the client does not provided the necessary data for completing the cancellation or refund in up to 7 (seven) days, it will be considered that the client has changed their mind and the cancellation request will be disconsidered.

5- Payments regarding training or services that have already been provided or made available will not be refunded.

6- Not using the services or platform does not imply in cancelling subscriptions and does not entitle the client to a refund.

7- Communications regarding cancellations must be made via opening a support ticket via the platform.

About Support

1- Proposeful offers support to clients and users via email with the goal of offering the best possible experience. Proposeful does not guarantee real time support and will reply to support requests according to availability of our staff.

2- Proposeful may offer training sessions and support to clients and users, free of charge or for a fee, if such is agreed upon with the client.

About the Availability of Services and Errors on The Platform

1- Proposeful works hard to offer a bug-free experience for user of its platform and full availability of its services. However, Proposeful does not guarantee the platform to be always available as it may be affected by technical problems on Proposeful or its service providers, integration problems and bugs on the platform. In this case, Proposeful will work to stabilize the service as soon as possible.

2- You exempt Proposeful of any responsibility for losses or damages caused to you or others because of unavailability of the platform or for errors in it.

3- You agree to promptly communicate to Proposeful any potential errors or breaches on the platform you become aware of that may present a security threat to Proposeful or to its users.

4- As detailed in our Privacy Policy, Proposeful does not own its datacenters. This means that documents, files, data and content provided to Proposeful is stored and hosted by third parties and, as so, Proposeful will do its best to provide access to them but cannot guarantee that your data will remain acessible and does not guarantee that your data will be backed up or protected against loss, service interruptions or file corruption. Proposeful is not a hosting service and does not guarantee that it will have backups of your files or data.

5- You understand that, in case your data is deleted, wheter in accordance to these Terms of Use or in the event of technical issues or data loss by Proposeful or its service providers, you may no longer be able to access documents, files or data provided to Proposeful, temporarily or permanently, without there being due any compensation to you or others and you agree to exempt Proposeful from any responsibility for damages or losses caused to you or others because of data unavailability or loss.

About Updates to These Terms of Use

1- If the current Terms of Use are updated, you will be notified by email or on when accessing the platform and by continuing using or accessing Proposeful you show your agreement to the current version of the Terms of Use. You can always find the most recent version of our Terms of Use in our website.

Other Conditions and Contact Information

1- Proposeful may offer some flexibility regarding the Terms of Use presented here with the goal to offer the best possible experience to its clients and users, which does not represent a withdraw from the right to enforce the conditions specified here.

2- Proposeful is free to inactivate your account, cancel your subscription, remove access to or completely delete from the platform your documents, files, account and all data on your account if we believe you are acting in violation of these Terms of Use, regardless of your intention, with no need to notify you and without there being owned any compensation to you or others as a result of this.

3- The parties will act solely as independent contractors. These Terms of Use shall not be interpreted as to creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between Proposeful you. You may not represent to the contrary whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.

4- Proposeful may transfer its obligations and rights acquired from these Terms of Use to any other legal entity related to it, in which case this will be communicated to the user via email or notification on the platform.

5- If you have questions or problems regarding these Terms of Use or if you have problems with your account or a document on Proposeful, you must bring them to Proposeful for a resolution by sending an email to [email protected].