Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and OpenProposal ("Company," "we," "us," or "our") concerning your access to and use of the OpenProposal service available at sendprop.com and any related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Description of Service

OpenProposal is a SaaS platform that enables users to create, send, and manage proposals and documents with e-signature capabilities and integrated payment collection. The Service includes:

• Document creation and editing tools
• Electronic signature functionality
• Document tracking and analytics
• Payment collection integration
• Template management
• Team collaboration features

Account Registration

To use the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this age requirement.

Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited communications, or engage in phishing
• Upload or transmit viruses, malware, or malicious code
• Impersonate any person or entity, or falsely represent affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for fraudulent or illegal purposes
• Collect or harvest personal information without consent
• Reverse engineer, decompile, or disassemble the Service
• Use automated systems to access the Service without permission

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including removing content, suspending or terminating accounts, and reporting to law enforcement.

Intellectual Property Rights

Our Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to software, text, designs, graphics, logos, and trademarks) are owned by OpenProposal and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission. You may not reverse engineer or attempt to extract the source code of our software.

Your Content

You retain all rights to the content, documents, and materials you create, upload, or transmit through the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, royalty-free license to:

• Store, process, and display Your Content to provide the Service
• Create backup copies for disaster recovery
• Comply with legal obligations

You represent and warrant that you own or have the necessary rights to Your Content and that it does not violate any third-party rights or applicable laws.

Subscription and Payments

Subscription Plans

We offer various subscription plans with different features and limitations. Subscription fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law or as stated in our refund policy.

Billing

By providing payment information, you authorize us to charge the applicable fees to your payment method. You are responsible for maintaining valid payment information. If payment fails, we may suspend or terminate your access to paid features.

Price Changes

We may change our subscription fees at any time. We will provide you with at least 30 days' notice of any price increases. Your continued use of the Service after the price change constitutes acceptance of the new price.

Cancellation and Refunds

You may cancel your subscription at any time from your account settings. Cancellations take effect at the end of the current billing period. We offer a 30-day money-back guarantee for new subscriptions. Contact us at hello@sendprop.com to request a refund within 30 days of your initial purchase.

E-Signature Functionality

Our Service includes electronic signature functionality that may create legally binding agreements. By using this feature, you acknowledge that:

• Electronic signatures have the same legal effect as handwritten signatures
• You are responsible for the content of documents you send for signature
• You must ensure signers have the authority and capacity to sign
• You must comply with all applicable laws regarding electronic signatures

We provide the technology platform but do not verify the identity of signers or the validity of agreements created through the Service.

Third-Party Services

Our Service integrates with third-party services including payment processors (Stripe) and authentication providers (Google OAuth). Your use of these third-party services is subject to their respective terms and conditions and privacy policies. We are not responsible for any third-party services or their content.

Disclaimers and Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPENPROPOSAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your content
• Any other matter relating to the Service

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless OpenProposal and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and content after 90 days
• You remain liable for any charges incurred before termination
• All provisions that should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and OpenProposal regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right under these Terms shall not constitute a waiver of such right.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

Contact Information

If you have questions about these Terms, please contact us: