Terms of Service

Effective Date: January 9, 2025

These Terms of Service ("Terms") govern your access to and use of the asset prospecting and tracking platform (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. Acceptance of Terms
By creating an account or using the Service, you confirm that: • You are at least 18 years of age • You have the legal capacity to enter into binding contracts • You are not prohibited from using the Service under applicable law If you do not accept these Terms, you may not use the Service.
2. Service Description
The Service is a cloud-based customer relationship management (CRM) platform designed for asset prospecting and tracking. The Service enables organizations to: • Manage and track various types of assets • Maintain contact and relationship databases • Track investment opportunities • Coordinate multi-party transactions • Generate reports and analytics Available features depend on your subscription plan. We may modify, update, or discontinue features at any time with reasonable notice for material changes.
3. Accounts and Security
Account Registration: You must provide accurate and complete information when creating your account. Organization administrators may create accounts for team members. Account Security: You are responsible for: • Maintaining the confidentiality of your login credentials • All activities that occur under your account • Immediately notifying us of any unauthorized access Prohibited Activities: • Sharing your credentials with unauthorized persons • Creating multiple accounts for the same individual • Using another person's account without authorization • Circumventing security measures
4. Subscription and Billing
Billing Terms: • Billing Cycle: Monthly or annual, as selected • Payment Due: At the start of each billing cycle • Currency: Canadian Dollars (CAD) • Taxes: GST/QST applicable in Quebec Payment Methods: We accept payment by credit card. You authorize us to charge your payment method for all fees due. Price Changes: We may change our prices with 30 days' notice. Price changes will take effect at your next billing cycle following the notice period. Automatic Renewal: Your subscription renews automatically at the end of each period, unless you cancel.
5. Cancellation and Refunds
You may cancel your subscription at any time through your account settings or by contacting us. Effect of Cancellation: • Cancellation takes effect at the end of your current billing cycle • You retain access until the end of the paid period • You have 30 days after cancellation to export your data Refunds: • Monthly subscriptions: No refunds for partial months • Annual subscriptions: Pro-rated refund for unused months if you cancel within 30 days • Billing errors: Full refund for documented errors
6. Acceptable Use
You agree to use the Service only for lawful business purposes. Prohibited Activities: Illegal Activities: • Violating any applicable law or regulation • Facilitating fraud, money laundering, or other illegal transactions • Violating intellectual property rights • Collecting or processing personal information illegally Harmful Activities: • Uploading malware or malicious code • Attempting to gain unauthorized access to systems • Interfering with the operation of the Service Objectionable Content: • Storing or transmitting defamatory content • Distributing hate speech or discriminatory content • Sharing illegal or obscene material You are responsible for the legality of data you enter into the Service and for obtaining necessary consents.
7. Intellectual Property
Our Property: The Service, including its software, design, trademarks, and content, is the property of the company or its licensors and is protected by Canadian and international intellectual property laws. License Granted: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during your subscription term. Restrictions: You may not: • Copy, modify, or create derivative works of the Service • Decompile, disassemble, or reverse engineer the software • Remove or alter any proprietary notices • Use our trademarks without written permission • Sublicense or transfer your access rights
8. User Content
Your Content: You retain ownership of all data, documents, and content you upload to the Service ("Your Content"). You grant us a limited license to use Your Content solely to provide the Service to you. Content Responsibility: You are solely responsible for: • The accuracy and legality of Your Content • Ensuring you have the rights to upload Your Content • Compliance with third-party rights and obligations • Backing up Your Content Data Export: You may export Your Content at any time through the Service's export features.
9. Confidentiality
Confidential Information means non-public information disclosed by either party, including business and financial information, technical information, and customer data. Each party agrees to: • Protect Confidential Information with reasonable care • Use Confidential Information only for the purposes of these Terms • Not disclose Confidential Information without prior consent Exceptions: Confidential Information does not include information that: • Is or becomes publicly available without fault of the receiving party • Was legitimately known before disclosure • Is independently developed • Is legitimately received from a third party without restriction
10. Warranties and Disclaimers
We strive to provide a reliable and secure service. However: Limitations: • The Service is provided "as is" and "as available" • We do not warrant that the Service will be uninterrupted or error-free • We do not warrant that the Service will meet all your requirements Commitments: • We will take commercially reasonable measures to maintain Service availability • We will implement appropriate security measures • We will provide technical support according to your plan terms In accordance with the Civil Code of Quebec, we cannot exclude certain statutory warranties for consumers.
11. Limitation of Liability
To the maximum extent permitted by the laws of Quebec and the Civil Code of Quebec: Exclusion of Certain Damages: We will in no event be liable for: • Indirect, incidental, special, or consequential damages • Loss of profits, revenue, or business opportunities • Loss of data or data corruption • Any damages arising from events beyond our reasonable control Liability Cap: Our total liability will not exceed the greater of: • Fees paid by you in the 12 months preceding the claim • Five hundred Canadian dollars (CAD $500) Exceptions: These limitations do not apply to: • Intentional fault or gross negligence • Personal injury caused by our fault • Any liability that cannot be excluded under the Civil Code of Quebec
12. Indemnification
You agree to indemnify, defend, and hold harmless the company, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: • Your use of the Service • Your violation of these Terms • Your violation of third-party rights • Your Content or the data you process through the Service • Your organization's failure to comply with applicable laws
13. Termination
Termination by You: You may terminate your subscription at any time through your account settings. Termination by Us: We may terminate or suspend your access: • For Cause: Immediately upon breach of these Terms • For Convenience: With 30 days' notice • For Non-Payment: After notice and opportunity to cure Effect of Termination: • Your right to use the Service ends immediately • You remain liable for fees incurred before termination • We will provide 30 days to export Your Content • After the export period, Your Content will be deleted
14. Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the courts of the Province of Quebec for any dispute arising under these Terms. Language: The parties have expressly requested that these Terms be drafted in English. A French version is also available; both versions have equal force and effect.
15. Dispute Resolution
Informal Resolution: Before initiating formal proceedings, you agree to contact us and attempt to resolve any dispute informally for at least 30 days. Mediation: If informal resolution fails, either party may propose mediation before a mutually agreed mediator. Mediation costs will be shared equally. Court Proceedings: If dispute resolution fails, either party may pursue remedies in the courts of Quebec. Class Action Waiver: To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.
16. General Provisions
Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, or if modification is not possible, will be severed. The invalidity of any provision does not affect the validity of other provisions. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and the company regarding the Service. Waiver: No failure or delay by us in exercising any right constitutes a waiver of that right. Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Force Majeure: We will not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control.
17. Contact Us
For any questions regarding these Terms of Service: Email: support@goprosperia.com For legal questions: Email: legal@goprosperia.com