1. Who this is between
These terms are between Preposal (we) and the business that holds a Preposal account (you). Using the service means accepting them.
They are governed by the law of the State of California, and its courts are where anything that cannot be settled between us is settled.
Preposal is a service of Vividly Built Inc. That company is the party to this agreement. Section 11 is how to reach it.
2. The account
- You need to be a business, and whoever opens the account needs the authority to agree to this on its behalf.
- Sign-in details belong to one person. Tell us promptly if you think somebody has got hold of one.
- An owner can add people. Everything they do on the account is done as the firm, and the firm is responsible for it.
- Account holder in this document means an owner of the account: whoever opened it, and anybody they have since made an owner. Owners are who we write to about money and about changes to this document. Other people you add can use the service and are not account holders.
- Give us an email address that works. It is where we send anything that matters, including changes to this document.
3. What you may not do with it
- Break the law with it, or use it to send anything unlawful or deceptive.
- Send unsolicited bulk email through it. Proposals go to people who are expecting one.
- Try to reach another firm's data, probe the service for holes, or work around a limit on your plan.
- Resell it, or run it as your own product, without a written agreement from us.
- Upload anything you do not have the right to publish, including images you have not licensed.
4. The starting prices are examples, and they are not advice
Preposal ships with starting catalogues for a number of trades. The rates in them are market figures, not yours. They exist so that a new account is not an empty screen, and the app marks a service you have not reviewed until you tell it you have.
What you charge is your commercial decision, made by you. Nothing this software calculates is professional, financial, or legal advice, and we are not responsible for a job you priced too low or a client you lost by pricing it too high. Check a figure before you send it.
5. We are not part of the deal you make
This is the important one. A proposal you send is your offer toyour client, on your terms. When a client presses Accept, they are agreeing with you. We are not a party to it, we do not guarantee it forms a binding contract where you are, and we take no responsibility for the work, the payment, or any dispute between you.
The Accept button, the acceptance timestamp and the recorded IP address are a record that somebody with the link pressed it. That is what they are and no more. If a job needs a signature to be enforceable, get one.
Everything you put into Preposal stays yours: your prices, your clients, your estimates, your logo. We hold it in order to run the service for you, and we do not use it to do anything for anybody else. You are responsible for having the right to enter the client details you enter, and for telling those clients what you do with them.
6. Paying for it
- Plans and their prices are shown in the app. Fees are quoted excluding tax.
- A paid plan renews for the same term until it is cancelled.
- Cancel whenever you like. It takes effect at the end of the term you have paid for and we do not refund the part you did not use, unless we got something wrong.
- If a price changes, we will tell account holders at least 30 days before it applies to them.
7. Getting your work out, and losing access
You can close your account at any time. Ask us and we will delete your records as described in the Privacy Policy.
We may suspend or close an account that breaks section 3, that has not been paid for, or where we are required to. Except where something serious or unlawful is going on, we will tell you first and give you a reasonable chance to put it right.
Proposal links you have already sent stop working when the account closes. Send anything a client still needs before you go.
8. Uptime, and what we do not promise
We work to keep this available and correct, and we do not promise it will never be down or never be wrong. The service is provided as it is, without warranties beyond those the law does not let us exclude.
You are responsible for checking a proposal before you send it. Read the figures. It is your name on the document.
9. What we are liable for
Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else the law does not allow to be limited.
Otherwise, and to the extent the law permits, we are not liable for lost profit, lost business, lost data or indirect loss, and our total liability for any claim is capped at what you paid us in the twelve months before it arose.
10. Changes to these terms
We may update this document. If a change materially affects you we will email account holders at least 30 days before it takes effect, and show the change in the app with the date it applies from. Carrying on using the service after that date means accepting the new version, and if you would rather not, cancel and we will refund the unused part of your term.
Each version of this document is dated, and the date is at the top of this page. When you opened your account we recorded which version was in force, when you accepted it, and the exact sentence you were shown. Ask us and we will tell you what we hold.
11. Getting hold of us
support@preposal.io, for anything about this document or about your data.