Kindly review the agreement thoroughly to ensure your comprehension of each provision. This Terms of Service governs your usage of the Plum website located at "https://plum.com" and the services provided through the Plum Service.
Please give careful consideration to these Terms. By utilizing the Plum Service, you acknowledge that you have read, comprehended, and consented to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use the Plum Service.
Fees and Services
Plum offers monthly subscriptions. Subscriptions require prepayment, which is non-refundable.
Unless you modify or terminate the service, all contracts will automatically renew for the same duration using the payment method on record. Non-usage of the service will not be considered as termination.
Upgrades take effect immediately, while downgrades become effective from the next renewal date. To stop the service, kindly send an email to email@example.com.
The pricing is determined by the total number of available sessions in the selected pricing plan, regardless of whether any Plum is active during the subscription period. Plum reserves the right to change its fee structure and/or offer upgrades with a 14-day notice, and the new rates will be effective from the next renewal period.
All users have the right to request a full refund within 15 days of a monthly subscription without providing any explanation. Refunds will be issued to the original method of payment. To request a refund, please contact the Customer Support Team at firstname.lastname@example.org. In other cases, Plum does not offer refunds.
If you cancel your subscription, no refunds or exchanges will be given for any unused time, license or subscription fees, account-related content or data, or any other items.
All paid subscriptions will automatically renew for the same duration, monthly, using the payment method on file unless you make changes or discontinue the service. If you are not actively using the service, we will not consider it as a discontinuation. To discontinue the service, please notify the Plum customer team at email@example.com or downgrade your account on the Plum dashboard.
To enroll in the Service, you must complete the registration process and provide Plum with accurate information as required in the registration form.
You bear full responsibility for any use and activities carried out on your account.
You are accountable for maintaining the confidentiality of your password(s) and username(s) provided to you, and for any unauthorized use of your account or misuse resulting from a third party utilizing your granted password or username.
You agree to promptly notify Plum of any unauthorized account usage or any other security violation.
By agreeing to this, you permit Plum to utilize your business logo in the customer list, as well as in other areas of its website and as part of a general list of Plum's customers, for corporate, promotional, and marketing purposes.
You agree to indemnify, hold harmless and defend Plum, its contractors, its licensors and their respective directors, officers, employees and agents, at your expense, from and against any and all third-party claims, actions, proceedings and suits, arising from your use of the Service, including but not limited to your violation of this agreement.
You also agree to indemnify the same against all expenses connected hereto, including attorneys’ fees.
Disclaimer of Warranties
The service is provided in its current state, without any warranties, expressed or implied, including but not limited to merchantability, fitness for a specific purpose, and non-infringement, both by Plum and its contractors.
Neither Plum nor its contractors guarantee that the service or website will be free from errors, viruses, or other harmful components, nor do they guarantee continuous or uninterrupted access to them.
You acknowledge that the use of the service is solely at your own discretion and risk.
Limitation of Liability
Plum shall not be held liable to you or any third-party claimant for any indirect, punitive, consequential (including, but not limited to, lost profits or data collected through the Service), or incidental damages, whether arising from a contractual claim, warranty, negligence, breach of statutory duty, indemnity, contribution, or any other legal basis.
The aforementioned exclusion of liability remains valid regardless of the failure of the exclusive remedy stated in the following paragraph. Some jurisdictions may not allow the limitation or exclusion of liability to the extent mentioned above. In such cases, the total cumulative liability of Plum and its contractors to you or any other party, for any losses or damages resulting from claims, demands, or actions related to this agreement, shall not exceed the total amount of fees paid by you to Plum within the 12 months preceding the initial claim against Plum.
Plum does not guarantee the service will be operable at all times or during any downtime, including but not limited to Internet Service Provider (ISP) outages, equipment failures, scheduled maintenance or force major.
Proprietary Rights Notice
The service, including all its content and underlying technology (including intellectual property rights), is and will remain the exclusive property of Plum. It is protected by applicable copyright laws and other relevant legislation.
No license is granted to access or use the underlying technology. You are prohibited from reverse engineering the Service or creating derivative works using any means. Furthermore, you are not allowed to modify the Service in any manner, nor permit any third party to do so.
You may only utilize the Service for your own commercial purposes and are not permitted to make it available as an external service, such as an application service provider. If you provide feedback, ideas, or suggestions regarding the Service, Plum is free to fully utilize and exploit such feedback.
Plum reserves the right to terminate the Service and/or your access to it at any time and for any reason, without prior notice.
If you desire to terminate this agreement or discontinue using the Service, you may do so by ceasing to use the Service. However, certain provisions of this agreement will continue to be in effect even after termination, including warranty disclaimers, indemnification, limitations of liability, and proprietary rights.
Plum retains the right, at its sole discretion, to modify or replace any portion of these terms. In the event that changes are made to the agreement, we will provide prior notice on our website. By continuing to use the service or access the Plum website after the modifications have been implemented, you are indicating your acceptance of those changes.
Plum shall be excused from fulfilling its obligations under this agreement to the extent that performance is hindered, delayed, or obstructed by circumstances beyond its reasonable control.
This agreement constitutes the entire understanding between you and Plum regarding its subject matter and supersedes all prior statements, agreements, and representations between the parties. You are not allowed to assign or transfer any of your rights under this agreement without prior written consent from Plum, and any such attempt would be considered void.
Plum is authorized to assign and/or transfer its rights or obligations under this agreement to a third party, and you will be notified of such transfer. The relationship between Plum and you is not a legal partnership but that of independent contractors.
This agreement will be binding upon the parties involved, as well as their respective successors and assigns.
If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible to affect the intent of the parties, and the remainder of this agreement shall continue in full force and effect.
Applicable Law and Venue
These terms encompass the entire, exclusive, and definitive agreement between you and Plum regarding the subject matter discussed, superseding any prior agreements or negotiations between the parties.
These terms and the relationship between you and Plum shall be governed by the laws of the United States, regardless of your actual place of residence. Any legal proceedings arising from or related to these terms or your use of the Plum Service shall be conducted in the Federal or State courts located in the United States. By accepting these terms, you hereby irrevocably submit to the exclusive personal jurisdiction of such courts.
The failure of Plum to exercise or enforce any right or provision stated in these terms does not constitute a waiver of such right or provision. If any provision of these terms is deemed invalid by a court of competent jurisdiction, you agree that the court should strive to give effect to the intentions of Plum and yourself as reflected in the provision, and that the remaining provisions of these terms shall remain fully valid and enforceable.
You agree that any claim or cause of action arising from or related to the use of the Plum Services or these terms must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred. The section titles used in these terms are for convenience only and hold no legal or contractual significance.
All terms and any explicitly stated limitations on liability shall continue to be in effect even after the termination of your use of the Plum Service.