Effective Date: September 1, 2020
IF YOU BECOME A Proposal MEMBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 8 FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.
You must be at least 18 years old or over to create an account on Proposal and use the Service. By accessing or using the Proposal Services, you agree that you are capable of lawfully entering into and performing all the obligations set forth in these Terms. Any use of the service is void where prohibited. By creating an account and using the service, you represent and warrant that:
You agree to access the Proposal by the following term including but not limited to. Further, we reserve the right revoke your access if you do not comply with our terms.
At Proposal, we do our best to protect your account and identity. We have a couple of security measures to make sure that we have real users on Proposal. However, we want you to do your part as well to protect your account. You understand that you are responsible to protect and maintain the confidentiality of your Proposal account and you are responsible for all activities that occur under your Proposal account, including the purchase of any paid premium features (as described in section). You will not share or give access to anyone to use your account. You are responsible to protect your username and password and any other information including but not limited to credit card information, phone number, email address, home address, and personal information. If you forget your password, you can retrieve your password by clicking “forget password” on the registration screen.
You acknowledge that Proposal is not, and will not, be liable or responsible for any losses or damages arising from the theft or misappropriation of your Proposal Account. You further acknowledge and agree that Proposal is not responsible for, and has no control over, any security breaches experienced on any third-party Social Networking Site (as defined below). If you think someone has gained access to your account, please immediately contact firstname.lastname@example.org.
At Proposal, we are all about quality; therefore, we use a few verification measures to make sure that we have real, honest, serious users. We will verify your authentication via a phone number or text message. Further, we require two mandatory pictures for verification. One of your pictures must be from your camera i.e., selfie and the second picture could be yours from anywhere i.e from your gallery. Show us your best shot, or just be natural because remember you are beautiful as you are. Please make sure both pictures are yours so that we can verify you by comparison. You agree to authorize Proposal to access your camera and your pictures.
At Proposal, safety is first. We want our users to be vigilant against any threat, disruptive, and inappropriate behaviors, activities, and conversations. We encourage you to report us about any user who is violating any of our terms. However, at a minimum, we ask you to protect yourself online and offline. You agree to use caution in all interaction with other users, particularly if you decide to communicate offline or meeting in person. To take extra precaution, we have created Safety tips that you may find useful and we suggest that you review these before you start using the Proposal. You agree that you will not provide or share your financial information (for example, your credit card or bank account information), or wire transfer or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE Proposal CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE Proposal MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE Proposal RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
There are three types of content that you will be able to access on the App:
There are some contents that you can get away with it; however, we have some rules to certain contents, and we have zero tolerance those rules:
You are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person including but not limited to (names, home addresses or postcodes, telephone numbers, email addresses, URLs, Instagram, Snapchat, or Facebook usernames, credit/debit card or other banking details). If you do decide to share any personal information about yourself to other users, via any communication channel, it is at your own risk.
Proposal represents a community and our application is available internationally; therefore, Your content will be visible to other users of the App all around the world instantly. By uploading Your Content on Proposal, you represent and warrant to us that you have all necessary rights and licensees to do so, and automatically grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium is currently known or developed in the future). We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
We reserve the right to remove, edit, limit or block access to any of Your Content at any time without notice, and we have no obligation to display or review Your Content.
Our contents which include graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Proposal are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. We reserve all rights. All right, title and interest in and to Our Content always remain with us.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right sublicense, under the followings:
Member content which includes graphics, personal information, and all the details are the property of the users. You are not allowed to use, copy, share any member’s content without his or her consent. You will not make a copy and publish it any other platform. You can use other member contents within our application such as keeping them into your log and match.
You agree to:
You agree that you will not:
If you choose to use Premium Services or make In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms authorized by us (each, a “Third Party Store”), (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-App Product, you authorize us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Proposal INC are made as well as how such payments may be changed or canceled.
Your subscription to Proposal Inc’s Premium Services will automatically renew until you decide to cancel in accordance with such terms, except in the case of Proposal Coins, Instant Proposal where there shall be no automatic renewal. In the event of a conflict between a Third-Party Store’s terms and conditions and these Terms, the terms and conditions of the Third-Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third-Party Store, our third-party service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
If you choose to make an In-App Purchase, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription) to additional account features. Please note that for Premium Services and In-App Products made on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you made an In-App Product for a one-month subscription, your subscription will be automatically renewed for an additional one-months). To avoid any charges for additional periods, you must cancel before the end of the subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third-Party Store. The pricing may vary due to several factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group.
Please note that for Premium Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third-Party Stores. Further, Proposal Inc does not guarantee that product description or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, Proposal INC and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third-party payment processors, Third Party Store or Mobile Platform Account before you make any In-App Products or Premium Service purchases
Proposal dating app is free to download and use. Users can enjoy the app using basic features free of charge. We also offer an optional subscription package (Proposal Premium) and consumable premium features (such as Unlimited swipes, chat requests, Proposal coins, and access to meet up events).
Proposal Premium includes a range of premium features (Unlimited Swipes, Re-like, Access to events, one daily instant messages, Extended filters, etc) and helps the user to get noticed faster.
If the user has no intention to purchase Proposal subscription, they may also try out the premium features by activating free trial subscription. Free trial subscribers receive same benefits as Proposal Premium subscribers, including all consumable premium features.
Following the purchase of a subscription or activating the free trial subscription, Proposal Premium users receive a set of consumable premium features. If users consume a given amount of features before the end of the subscription period, they may purchase more consumable premium features.
Consumable premium features are one daily instant messages, unlimited swipes, unlimited Re-likes, unlimited rematch and access to events
Consumable premium features cannot be purchased outside of Proposal subscription or free trial subscription, except for Proposal coins that can be purchased by any user at any time and unless otherwise decided at Proposal’s sole discretion.
Costs and types of consumable premium features are subject to change without notice and shall be payable at actual rates which you will get to know when checking out
Consumable premium features are added to the consumable features included in the Proposal subscription or free trial subscription.
Proposal Premium subscription has a fixed number of premium features included. The number of consumable premium features renews automatically when the subscription is extended without additional payment.
Any unused portion of consumable premium features will be forfeited at the end of the subscription period or free trial subscription.
The Service which Proposal will offer for purchase may also comprise coins which are digital elements of the user interface (a kit of swan images and button) the Members can interact with. You may use coins to send message to other Members.
Being a piece of code and images, proposal coin is intellectual property of Proposal and are distributed by us under license in order to improve your user experience (the “Licensed Content”). Proposal is a sole proprietor of such intellectual property and intellectual property rights to such intellectual property. By purchasing coins, the Member acquires a limited, revocable, non-transferable and non-sublicensable worldwide license to access and use the coins as a part of the Service in order to interact with unique elements of the user interface (the “Proposal” buttons), to communicate with other Members in a more effective way. Any other use of the Licensed Content is strictly prohibited.
Coins are displayed to users as little images within the ordinary user interface of the Service as a set of buttons which allowed the Members to reach the goal mentioned above and communicate with each other. When a user pushes a “instant proposal” button, another user can receive a direct message into the chat and from there two users can communicate.
The Licensed Content has no cash equivalent, monetary or other value, it does not constitute currency or property of any type. The Licensed Content cannot and must not be sold or otherwise transferred to third parties, including other users, including, to the Members, cannot be used outside the Proposal Service, and cannot be exchanged for cash, any goods or services or any other thing which has any value for any person. Neither the Members nor other users have proprietary, ownership, or monetary interest to the Licensed Content, which remains Proposal intellectual property. Users may not obtain a refund for the Licensed Content due to its online digital nature. The Licensed Content is fully consumed by you right after you buy access to it and it is shown to you through the Service. You must not purchase, sell, barter, or trade any the Licensed Content, or offer to purchase, sell, or trade any Licensed Content (including for money or any other consideration or items of value whether inside or outside of the Proposal Service). Proposal and users recognize that any such attempted transaction will be null and void.
As to avoid any doubts, the Licensed Content does not have an equivalent value in real currency and do not act as a substitute for real currency. Neither Proposal nor any other person or entity has any obligation to exchange the Licensed Content for anything of value, including, but not limited to, real currency.
Proposal reserves the right to modify the Licensed Content at its sole discretion. Such amendments may impact on the Licensed Content making it more or less common, desirable, effective, or functional. Proposal is entitled to terminate or strike off a license and immediately restrict the Licensed Content to be used for any or no reason, in its sole discretion, and without advance notice or liability.
You are prohibited to execute of or solicit in: (a) exchange the Licensed Content for money, donation or any other value; (b) request money, donation or any other value for the Licensed Content; (c) providing of or request any items, including without limitation, merchandise, services, including without limitation, commercial dating, favors, private conversation, etc. that any person can associate with any monetary value in exchange of the Licensed Content.
When your Proposal profile is deleted (whether by you or by Proposal), blocked or you do not use the Service for more than 6 months, you will be deprived of the license. You have no right to request any reimbursement for the period when you do not use the Licensed Content.
If you have any questions regarding subscription, please, contact our customer support team at email@example.com
THE APP, SITE OUR CONTENT, AND YOUR CONTENT ARE ALL PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP AND SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THE ACCURACY OR COMPLETENESS OF THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. Proposal INC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. Proposal DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. FURTHER, THE CONTENT OF ANY WEBSITES OR SERVICES LINKED TO THIS APP OR SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP AND SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
Proposal INC has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably enough to permit the service provider to locate the material;
4. Information reasonably enough to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Any DMCA Takedown Notices should be sent to: firstname.lastname@example.org
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Proposal services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.
However, if you do not opt-out or unsubscribe from email notification or communication, You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via App, email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US, THE APP OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. Should you wish to unsubscribe to any email communication or notification, you can unsubscribe or opt-out by going to the notification setting in the App and disabling it, or by emailing us with your request email@example.com.
Your access to the App, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of the Province of British Columbia, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the Province of British Columbia. By using the App, you are consenting to the exclusive jurisdiction of the courts of Canada and the Province of British Columbia. You agree that such courts shall have “in personam jurisdiction” and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
Proposal’s logos and any other trade name or slogan contained in the Service are trademarks or service marks of Proposal, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Proposal or the applicable trademark holder. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Proposal and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.