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: United States | 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 Canadian corporation providing services in the United States.
By accessing or using the Progress Portals platform ("Platform"), you acknowledge that you have read, understood, and agree to be bound by this Agreement.
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.
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 under United States law, including Title 17 of the United States Code. 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 DMCA Compliance: Plus15 respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. 512). If you believe your copyrighted work has been infringed on the Platform, submit a DMCA takedown notice to Plus15 Media Ltd. at the contact information provided on our website. Counter-notifications may be submitted in accordance with 17 U.S.C. 512(g).
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 U.S. federal and state law, including the Defend Trade Secrets Act (18 U.S.C. 1836 et seq.). 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 attorneys' 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.
DATA HANDLING AND PRIVACY
4.1 Plus15 processes personal information in compliance with applicable U.S. federal and state privacy laws, including the California Consumer Privacy Act (CCPA) where applicable.
4.2 Your data may be stored on servers located in the United States or Canada. Plus15 implements industry-standard security measures including encryption in transit and at rest.
4.3 We will not sell your personal information. We do not share personal information with third parties except as necessary to provide Platform services, comply with legal obligations, or with your explicit consent.
4.4 California residents: You have the right to know what personal information is collected, request deletion, and opt out of the sale of personal information. Contact us to exercise these rights.
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;
(b) Violate any applicable federal, state, or local law or regulation;
(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 APPLICABLE LAW, 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, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
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 attorneys' 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 administered in Calgary, Alberta, Canada.
9.3 YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
9.4 The parties agree to attempt good-faith mediation before initiating arbitration.
9.5 Nothing in this Section prevents Plus15 from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its 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, 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.
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