Terms of Use

1. Scope of Application and General Provisions

Deviations from these ToU are only valid if expressly confirmed in writing by Presu. The mere omission of an objection by Presu against any general terms and conditions of the Customer does not cause such terms to be considered agreed.

For important reasons, including changes to applicable law, the Software, or market conditions, Presu may notify the Customer of amendments to these ToU. The amended ToU are deemed agreed if the Customer does not object within one month of receiving notice and Presu has explicitly informed the Customer of this consequence. Changes to the scope of Contractual Services require the Customer's express consent.

2. Conclusion of Contract

To access the Service, the Customer must select a supported login method and complete the signup process. By accepting the then-current versions of these ToU, our Privacy Policy, and, where applicable, our data processing agreement, and by completing signup, the Customer accepts Presu's offer to conclude a contract (the "Contract").

Upon completion of signup, a workspace is created. The Customer may invite other users (each a "Workspace Member") to collaborate on proposals within that workspace.

When subscribing to a Paid Plan, the Customer acting as Admin or Workspace Owner represents that they are legally authorized to bind the entity on whose behalf they act and that they accept these ToU for that entity.

3. Scope of Services

The Software is a cross-platform SaaS application for creating, editing, sending, sharing, and tracking interactive proposal experiences, including permissions, approval actions, expiration controls, PDF fallback, buying signals, reusable blocks, custom links, team collaboration, and AI-assisted first drafts (the "Contract Purpose").

Presu may offer free plans ("Free Plans") and paid plans ("Paid Plans"). The scope of Service is based on the plan selected by the Customer as described on the Pricing Page at the time of subscription or upgrade (the "Plan"). The services owed under the Contract are the "Contractual Services".

Presu reserves the right to remove or limit certain features from Free Plans at its discretion.

The Customer may invite Workspace Members to the workspace. On the Pro plan, pricing is per user per month. On the Advanced plan, seat limits are described on the Pricing Page. Each user counted toward a paid subscription is a "Paid Seat".

The Customer may upgrade from a Free Plan to a Paid Plan, or switch to a more comprehensive Paid Plan at any time. From the time of the switch, the scope of services, remuneration, and related terms of the new Plan apply. A switch to a lower-priced Plan is only permitted with Presu's consent or after observing any notice period stated in these ToU or on the Pricing Page.

The Customer may increase or decrease the number of Paid Seats at any time. Increases are charged on a pro-rated basis according to the applicable Pricing Page. Decreases take effect at the start of the next billing period.

4. Use of the Software

The Software is accessed via telecommunications, including through a supported web browser.

The Customer may use access to the Software only for the contractually agreed purpose.

The Customer must take appropriate security precautions to prevent unauthorized access, including using a secure password and not sharing credentials with unauthorized persons.

The Customer may only enter data, text, images, and other content into the Software that complies with applicable law, does not infringe third-party rights, and may be used without restriction.

The Customer agrees that Presu may process uploaded content to perform the Contract, including storing content and making it available for retrieval, sharing, and analytics within the Service.

Presu may delete content if reasonable grounds exist to believe it was not entered in compliance with these ToU.

Content included in the Software, including templates, graphics, and fonts made available by Presu, may only be used for the Contract Purpose.

The Customer must not upload, transmit, or make available content that is unlawful, discriminatory, harmful, harassing, defamatory, obscene, or contains malware or code intended to disrupt systems or networks.

The Customer indemnifies and holds Presu harmless from third-party claims arising from the Customer's use of the Software, except to the extent caused by Presu's willful misconduct or gross negligence.

5. Sharing Proposals and Buyer Access

The Customer may share proposals created in the Software through private links, controlled access, approval actions, expiration settings, and optional PDF fallback, as available on the selected Plan.

Published or shared proposal content ("Customer Content") must comply with applicable law, must not infringe third-party rights, and must only be shared where the Customer is legally entitled to do so.

Presu does not routinely review Customer Content before it is shared. Presu may restrict or remove shared content if reasonable grounds exist to believe it violates these ToU or applicable law.

When a proposal is shared with a buyer or other recipient, activity within that proposal, such as views, downloads, approvals, and return visits, may be collected as buying signals for the Customer. Recipients should be informed where required by applicable law.

The Customer is responsible for configuring access controls, permissions, and sharing settings appropriate to the sensitivity of each proposal.

6. Availability

Presu is not responsible for establishing or maintaining the data connection between the Customer's systems and the point at which the Service is made available from Presu's infrastructure (the "Transfer Point"). The Customer is responsible for hardware, software, and network connectivity on its side.

Availability depends on the Plan selected and is described on the Pricing Page. If no specific availability commitment is stated for a Paid Plan, Presu targets at least 99% availability on a yearly average for core Service functionality. Free Plans are provided without an availability commitment.

Presu strives to provide a reliable experience but does not owe uninterrupted or error-free operation beyond the availability level applicable to the Plan. "Availability" means that the Customer can access and use the main features of the Software for the Contract Purpose.

Downtime is excluded from availability calculations when caused by force majeure, third-party faults, Customer-side issues, Customer failure to cooperate, or scheduled maintenance of up to five hours per month.

7. Software Operation and Changes

Presu may release updates, new versions, or upgrades of the Software ("Updates") to improve functionality, security, or compliance.

If an Update materially impairs suitability for the Contract Purpose (a "Material Change"), Presu will inform the Customer at least four weeks in advance. If the Customer does not object within two weeks, the Material Change becomes part of the Contract. Presu will explain the objection right, deadline, and consequences in the notice.

If the Customer objects to a Material Change, Presu will continue providing the Service without the Material Change where reasonably possible. If that is not possible, the Customer may terminate the Contract for good cause within four weeks of receiving notice of non-continuability.

8. Compensation and Terms of Payment

Fees and payment terms are based on the Pricing Page shown at the time the Contract is concluded or upgraded. Current plans include Pro at $39 per month per user and Advanced at $200 per month with unlimited seats, unless otherwise stated on the Pricing Page.

All fees are net amounts excluding taxes. The Customer is responsible for applicable taxes. Unless otherwise stated on the Pricing Page, Paid Plans are billed monthly in advance upon invoice.

Available payment methods are described on the Pricing Page. If none are stated, payment may be made by credit card or another method Presu makes available.

Presu may adjust net prices annually to reflect cost increases. Price increases do not apply to periods already paid for. If a price increase exceeds 5% of the previous price, the Customer may object within two weeks of notice.

9. Warranty for Material and Legal Defects

Presu warrants that the Software corresponds to the agreed scope of Service when used in accordance with the Contract and is not materially impaired by defects that significantly reduce suitability for the Contract Purpose.

The Customer must notify Presu of defects promptly. Presu will remedy duly notified defects within a reasonable time.

10. Liability

Presu is liable for damages arising from willful misconduct or gross negligence, negligent breach of a material contractual duty limited to foreseeable typical damages, injury to life, body, or health, or mandatory statutory liability.

Contributory negligence by the Customer is taken into account. Presu is only liable for data recovery if the Customer has taken reasonable backup precautions.

This liability arrangement applies to all damage claims regardless of legal basis and also in favor of Presu's representatives and agents.

The Customer must notify Presu promptly of any damage covered by this section.

11. Non-contractual Use

If Contractual Services are used without authorization under the Customer's responsibility, the Customer owes damages equal to the compensation that would have been due for authorized use during the applicable minimum contract period, subject to proof of lesser or no damage.

Presu remains entitled to claim further damages.

12. Limitation of Claims

Claims based on breach of a duty other than a defect become time-barred within one year from the start of the limitation period, except in cases of intent or gross negligence or personal injury.

Rescission or reduction of payments is invalid if the underlying performance claim is time-barred.

13. Copyright and License

The Software is protected by copyright. Presu grants the Customer a non-transferable, non-exclusive right to use the Service via the Internet for the Contract Purpose for the term of the Contract.

The Customer may not copy, decompile, reverse engineer, or make the Software available to third parties outside the Contract Purpose.

The Software may include open-source components provided by third parties, which remain subject to their respective licenses.

14. Feedback

The Customer agrees that Presu may freely use, exploit, and develop feedback provided about the Service.

15. Set-off, Reduction, Retention

The Customer may set off, reduce, or retain payments only if its counterclaim has been legally established, is undisputed, or has been acknowledged by Presu, and retention is based on the same contractual relationship unless otherwise required by law.

16. Term and Termination

The term and terminability of each Plan are governed by the Pricing Page. If no term is stated for a Free Plan, it runs indefinitely and may be terminated by either party with immediate effect. If no term is stated for a Paid Plan, it runs monthly and renews automatically unless terminated with effect at the end of the billing period.

Each party's right to extraordinary termination for good cause remains unaffected. Good cause includes serious breach, payment default of more than one month after notice, or insolvency-related events described in applicable law.

Termination must be made in text form. Upon termination, unused credits expire and are not refundable unless required by law.

17. Confidentiality

The Parties will keep confidential information obtained in connection with the Contract confidential and use it only as necessary to perform the Contract, subject to statutory disclosure obligations.

The Customer consents to Presu referencing the Customer in marketing materials, including use of the Customer's company logo, unless the Customer revokes that consent in text form by email to privacy@presu.com.

18. Data Protection

Presu processes personal data in accordance with applicable data protection law and our Privacy Policy.

Where the Customer uploads personal data relating to its clients, prospects, or proposal recipients, the Customer is generally the controller and Presu acts as processor where required by law. Registration may require acceptance of a data processing agreement.

19. Final Provisions

If individual provisions are invalid or unenforceable, the remaining provisions remain effective. The invalid provision is replaced by a valid provision that most closely reflects the Parties' intent.

References to text form include email.

The Contract is governed by the laws applicable to Presu and the Customer's relationship, without prejudice to mandatory consumer protection rules where the Customer qualifies as a consumer.

Questions about these ToU may be sent to hello@presu.com.