The Digital Services Agreement that governs use of the Progress Portals platform. Three jurisdictional variants are available. Users inside the platform accept the version that matches their account region at signup.
PROGRESS PORTALS - DIGITAL SERVICES AGREEMENT (USER)
Jurisdiction: International | Effective upon acceptance
This Digital Services Agreement ("Agreement") is a binding contract between you ("User") and Plus15 Media Ltd., operating as Progress Portals ("Plus15", "we", "us"), a corporation registered in Alberta, Canada.
By accessing or using the Progress Portals platform ("Platform"), you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are accessing the Platform from outside Canada or the United States, this international version applies to you.
DEFINITIONS
"Platform" means the Progress Portals web application, APIs, mobile interfaces, and all associated services operated by Plus15 Media Ltd.
"Content" means any data, images, video, 360-degree panoramas, documents, text, annotations, comments, or other materials uploaded to or generated within the Platform.
"User Content" means Content uploaded or submitted by you or your organization.
"Platform IP" means all software, design, architecture, code, user interface elements, workflows, documentation, branding, trademarks, and proprietary technology comprising the Platform.
"Platform Trade Dress" means the visual design, layout, navigation structure, workflow sequences, feature organization, terminology, data models, business logic, and overall user experience of the Platform.
ACCOUNT AND ACCESS
2.1 You must provide accurate information when creating your account and keep your credentials secure.
2.2 You are responsible for all activity under your account. Notify Plus15 immediately of any unauthorized access.
2.3 You must be at least 18 years of age or the age of legal majority in your jurisdiction.
2.4 You are responsible for compliance with all local laws and regulations applicable to your use of the Platform in your jurisdiction.
INTELLECTUAL PROPERTY
3.1 Platform IP: Plus15 retains all rights, title, and interest in and to the Platform IP, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. The Platform is protected under the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, the Canadian Copyright Act, and all applicable international intellectual property treaties. Nothing in this Agreement transfers any Platform IP to you.
3.2 User Content: You retain ownership of your User Content. By uploading User Content, you grant Plus15 a limited, non-exclusive, royalty-free license to host, store, display, reproduce, and transmit your User Content solely for the purpose of operating and providing the Platform services to you and your authorized viewers.
3.3 Restrictions: You shall not, directly or indirectly:
(a) Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Platform IP;
(b) Create derivative works based on the Platform;
(c) Remove, alter, or obscure any copyright, trademark, or proprietary notices;
(d) Use any automated system to access the Platform in a manner that sends more requests than a human could reasonably produce;
(e) Sublicense, resell, or redistribute access to the Platform;
(f) Use the Platform to develop a competing product or service;
(g) Use screen captures, screen recordings, video recordings, or exports of the Platform interface or its output for marketing, benchmarking, competitive analysis, or any purpose that reproduces or publicly discloses Platform IP or Platform Trade Dress. Ordinary screenshots shared in good faith for personal support requests, internal training, or project documentation to authorized viewers are permitted;
(h) Use the Platform, its output, or any content or data derived from Platform use to train, fine-tune, develop, evaluate, or otherwise inform any machine learning model, artificial intelligence system, large language model, or automated decision-making tool, whether for internal use, commercial use, or redistribution;
(i) Access or use the Platform to monitor its availability, performance, features, or functionality for the benefit of any competitor or potential competitor of Plus15, or to inform the design, development, or marketing of a competing product or service;
(j) Publish comparative analyses, benchmarks, product reviews, or technical teardowns that disclose non-public features, workflows, data models, performance characteristics, or internal design choices of the Platform.
3.4 International Copyright: Unauthorized reproduction, distribution, public display, or creation of derivative works from the Platform or its components is strictly prohibited under applicable international copyright law and may result in civil and criminal penalties in your jurisdiction.
3.5 Trade Dress and Trade Secrets: You acknowledge that Platform Trade Dress constitutes protected trade dress, trade secrets, and proprietary know-how of Plus15 Media Ltd. under applicable international intellectual property law, including the TRIPS Agreement and the Paris Convention for the Protection of Industrial Property. You agree not to replicate, imitate, emulate, or substantially reproduce Platform Trade Dress in any competing or similar product or service, and agree to treat Platform Trade Dress as confidential information not to be disclosed to third parties except as required by law. This obligation survives termination of this Agreement.
3.6 Liquidated Damages for IP Breach: You acknowledge that any breach of this Section 3 would cause irreparable harm to Plus15 Media Ltd. that would not be adequately compensable by actual damages alone. You agree that in the event of any proven material breach of Sections 3.1, 3.3, 3.4, or 3.5 of this Agreement, you shall pay to Plus15 Media Ltd. liquidated damages in the amount of fifty thousand Canadian dollars (CAD $50,000) per distinct instance of breach, in addition to any actual damages, injunctive relief, and recovery of reasonable legal fees to which Plus15 Media Ltd. may be entitled. The parties agree that this amount represents a genuine pre-estimate of damages in light of the difficulty of quantifying harm caused by breach of intellectual property obligations and is not intended as a penalty. Where the law of your jurisdiction limits the enforceability of liquidated damages, the provision shall be enforced to the maximum extent permitted, and Plus15 shall retain the right to pursue actual damages in the alternative.
DATA HANDLING AND PRIVACY
4.1 Plus15 processes personal information in accordance with applicable data protection laws, including the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA). If you are located in the European Economic Area, we also respect your rights under the General Data Protection Regulation (GDPR) where applicable.
4.2 Your data is stored on servers located in Canada. By using the Platform, you consent to the transfer and processing of your data in Canada.
4.3 Plus15 implements industry-standard security measures to protect your data, including encryption in transit and at rest.
4.4 We will not sell, rent, or share your personal information with third parties except as necessary to provide Platform services, comply with legal obligations, or with your explicit consent.
4.5 You may request access to, correction of, or deletion of your personal data by contacting Plus15.
ACCEPTABLE USE
5.1 You agree not to use the Platform to:
(a) Upload or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable under any applicable law;
(b) Violate any applicable law or regulation in your jurisdiction or in Canada;
(c) Infringe upon the intellectual property rights of any third party;
(d) Transmit viruses, malware, or other harmful code;
(e) Attempt to gain unauthorized access to any part of the Platform or its infrastructure.
LIMITATION OF LIABILITY
6.1 TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION, PLUS15 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE PLATFORM.
6.2 Plus15's total aggregate liability shall not exceed the amounts paid by you or your organization to Plus15 in the twelve (12) months preceding the claim. For clarity, this limitation does not apply to your liability to Plus15 under Section 3.6 (Liquidated Damages for IP Breach) or to any third-party indemnification obligations you owe under Section 7.
6.3 The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, the exclusions apply to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Plus15, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Platform, your User Content, or your violation of this Agreement.
TERM AND TERMINATION
8.1 This Agreement is effective upon your acceptance and continues until terminated.
8.2 Plus15 may suspend or terminate your access at any time for violation of this Agreement, with or without notice.
8.3 Upon termination, your license to use the Platform ceases immediately. Sections 3, 6, 7, and 9 survive termination.
GOVERNING LAW AND DISPUTE RESOLUTION
9.1 This Agreement is governed by the laws of the Province of Alberta, Canada, without regard to conflict of law principles.
9.2 Any dispute arising from this Agreement shall be resolved through binding arbitration in Calgary, Alberta, Canada, in accordance with the UNCITRAL Arbitration Rules or the Arbitration Act (Alberta), as determined by Plus15.
9.3 The parties agree to attempt good-faith mediation before initiating arbitration.
9.4 Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights, trade secrets, or Platform Trade Dress, or to prevent irreparable harm.
AMENDMENTS
10.1 Plus15 reserves the right to modify this Agreement at any time. Material changes will be communicated through the Platform.
10.2 Continued use of the Platform after amendments constitutes acceptance of the revised terms. If you do not agree, you must cease using the Platform.
GENERAL
11.1 This Agreement constitutes the entire agreement between you and Plus15 regarding the Platform.
11.2 If any provision is found unenforceable in your jurisdiction, the remaining provisions shall continue in full force.
11.3 Plus15's failure to enforce any right does not constitute a waiver of that right.
11.4 You may not assign this Agreement without Plus15's written consent.
11.5 This Agreement is drafted in English. In the event of any conflict between translated versions and the English version, the English version shall prevail.
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