Effective Date: May 2021
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter "You" or "Your") AND PHOENIX PROSPERITY CORPORATION (hereinafter "Phoenix Prosperity") GOVERNING YOUR USE OF PHOENIX PROSPERITY SUITE OF ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE. Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the "General Terms") and terms and conditions, if any, specific to use of individual Services (hereinafter the "Service Specific Terms"). The General Terms and Service Specific Terms are collectively referred to as the "Terms". In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail. Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
We provide an array of services for online collaboration and management including rich text editor, presentation tools, database application creator, organizer, customer relationship management application and project management application ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content. Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or "Beta Services") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Phoenix Prosperity will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason. Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Phoenix Prosperity notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. In the event of such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms. User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the signup process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Phoenix Prosperity has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Phoenix Prosperity may terminate your user account and refuse current or future use of any or all of the Services. Organization Accounts and Administrators
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party's roles and restrictions as an administrator of your organization account.
You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Phoenix Prosperity is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to firstname.lastname@example.org, provided that the process is acceptable to Phoenix Prosperity. In the absence of any specified administrator account recovery process, Phoenix Prosperity may provide control of an administrator account to an individual providing proof is satisfactory to Phoenix Prosperity demonstrating authorization to act on behalf of the organization. You agree not to hold Phoenix Prosperity liable for the consequences of any action taken by Phoenix Prosperity in good faith in this regard. Personal Information and Privacy
The Service may include certain communications from Phoenix Prosperity, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages. Complaints
If we receive a complaint from any person against you with respect to your activities as part of the use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Phoenix Prosperity in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within-the-10 days' time limit will be construed as your consent to disclosure of your name and contact information by Phoenix Prosperity to the complainant. Fees and Payments
The Services are available under subscription plans of various durations. Payments for subscription plans can be made by Credit Card through Paypal or Stripe. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card or Paypal account last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven (7) days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Phoenix Prosperity to charge your subscription fee to the Credit Card or paypal account last used by you. Please review our Refund Policy.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. For Essential package Users:iProsper™ GB data usage storage.
2.00 GB data limit per user is available.
An extra $4/user/month is charged for every 20GB of extra space required. For Professional package Users:iProsper™ GB data usage storage
20.00 GB data limit per user is available.
An extra $4/user/month is charged for every 20 GB of extra space required. Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Phoenix Prosperity; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication. Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe on intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spamed", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such a user account will be deleted. We will provide you prior notice of such termination and option to backup your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive. Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Phoenix Prosperity the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Phoenix Prosperity's commercial, marketing or any similar purpose. But you grant Phoenix Prosperity permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you. User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by your search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Phoenix Prosperity will have the right to block access to or remove such content made available by you if Phoenix Prosperity receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Phoenix Prosperity for this purpose.
Refer to the procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services. Sample files and Applications
Phoenix Prosperity may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Phoenix Prosperity makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications. Trademark
Phoenix Prosperity, Phoenix Prosperity logo, the names of individual Services and their logos are trademarks of PHOENIX PROSPERITY Corporation. You agree not to display or use, in any manner, the Phoenix Prosperity trademarks, without Phoenix Prosperity's prior permission. Copyright:
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may mail us to email@example.com.
(i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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 at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the Service Provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PHOENIX PROSPERITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHOENIX PROSPERITY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PHOENIX PROSPERITY, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT (INCLUDING THE USER CONTENT) ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Limitation of Liability
YOU AGREE THAT PHOENIX PROSPERITY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PHOENIX PROSPERITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PHOENIX PROSPERITY'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. Indemnification
You agree to indemnify and hold harmless Phoenix Prosperity, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violation of any provisions of the Terms, or any other claims related to your use of the Services, except where such use is authorized by Phoenix Prosperity. Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Quebec and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Phoenix Prosperity may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Suspension and Termination
We may suspend your user account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Phoenix Prosperity breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
END OF TERMS OF SERVICE If you have any questions or concerns regarding this Agreement, please contact us at email@example.com.
© 2021, Phoenix Prosperity, and iProsper, a division of Phoenix Prosperity. All Rights Reserved.
Phoenix Prosperity Refund policy
What is your refund policy? Phoenix Prosperity's Customer Satisfaction Policy
At Phoenix Prosperity we strive to create quality software that you enjoy using for your business or professional life. You have a number of choices and we appreciate you giving us your business. Thank You. We have created this policy that details what we will do should we fail to meet your expectations. Monthly Subscriptions.
If at any time during your first month using our service you are dissatisfied, please contact us. We will do our best to address your issue, provide a work around or give a timeline for a solution that will meet your needs. If you are not satisfied, we will gladly offer you a FULL REFUND for your purchase, and may downgrade your account to a free plan for that service. Annual Subscriptions.
Phoenix Prosperity doesn't force you into an annual subscription as a condition to use our services. We prefer to give you the flexibility to choose. In exchange for you signing up for an annual up-front commitment, we offer you a significant discount over the already-low monthly subscription cost. If at any time during your first 45 days using our service you are dissatisfied, please contact us. We will do our best to address your issue, provide a work around or give a timeline for a solution that will meet your needs. If you are not satisfied, we will gladly offer you a FULL REFUND for your purchase, and downgrade your account to a free plan.
We want you to be happy with our service throughout your entire contract, not only the first 14 days (in the case of monthly subscription) and the first 45 days (in the case of annual subscription). So we go beyond that. If at any time during your contract we remove, break or discontinue functionality that was available at the time you signed up for your contract, we ask you to notify us immediately. If we fail to address it in a timely manner to your entire satisfaction, we will offer you a PRORATED REFUND for the reminder of your contract. Auto-Renewal.
For your convenience, your monthly and yearly subscriptions will auto-renew until you cancel the service. Every time before your subscription auto-renews, we will send an email specifying the amount that will be charged to your credit card. Similarly, after each renewal we will send you a receipt via email specifying the amount that has been deducted.
We know that sometimes customers forget to cancel an account they no longer want until it has already been charged. That's why you can cancel your monthly/annual subscription even five business days after your renewal date, and we will still process your cancellation and give you a FULL REFUND.
For questions, please e-mail firstname.lastname@example.org
Updated: May, 2021
© 2021, Phoenix Prosperity, and iProsper, a division of Phoenix Prosperity. All Rights Reserved.
Complaints Complaint Procedure
If you believe that content on any of the Phoenix Prosperity services has violated your copyright or other intellectual property right, please write to our Designated Agent providing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right alleged to be infringed;
a description of the copyrighted work or any other intellectual property that you claim to have been infringed;
identification of the material that you claim to be infringing including information regarding its location that would enable it to be located and if possible the URL of such infringing material;
information that would enable us to contact you, such as your address, telephone number, and email address (if available);
a statement by you to the effect that you believe in good faith that the use of the infringing material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, under penalty of perjury, that the above information contained in your communication is accurate and that you are authorized to act on behalf of the owner of copyright or other intellectual property rights;
Your notice with the above information to be effective should be sent to our Designated Agent for notice of claims of infringement of copyright and intellectual property rights at the following address:
Designated Agent (complaints)
C/o PHOENIX PROSPERITY Corporation,
873 Chemin du Lac Connelly, Saint Hippolyte, Québec, Canada J8A 2B2
Please take note that if you knowingly misrepresent that any material or activity is infringing, you may be subject to liability under the Copyright Act. Counter-notice Procedure
If you are a subscriber and you feel that material posted by you on any of the Phoenix Prosperity services has been wrongly removed, please write to our Designated Agent providing the following information:
your physical or electronic signature;
identification of material posted by you that has been removed, or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement by you, under penalty of perjury that you believe in good faith that the material was removed or disabled as a result of mistake or wrong identification of the material to be removed or disabled;
your name, address, email and telephone number, and a statement to the effect that you consent to the jurisdiction of Federal District Court, within the jurisdiction of which your address is located, or if your address is outside of Canada, the Federal District Court, having jurisdiction over the place of business of the service provider PHOENIX PROSPERITY Corporation and that you will accept service of process from the person who provided notification of infringement or his agent.
Your counter-notice with the above information to be effective should be sent to our Designated Agent for notice of claims of infringement of copyright and intellectual property rights at the following address:
Designated Agent (complaints)
C/o PHOENIX PROSPERITY Corporation,
873 Chemin du Lac Connelly, Saint Hippolyte, Québec, Canada J8A 2B2
Please take note that if you knowingly misrepresent that material was removed or activity was disabled as a result of mistake or wrong identification, you may be subject to liability under the Copyright Acts. Also, kindly note that we have a policy of terminating the accounts of subscribers who repeatedly infringe copyright or other third party rights.
© 2021, Phoenix Prosperity, and iProsper, a division of Phoenix Prosperity.