Terms Of Service
You may not purchase or sign up for a free trial of our services, create an account, or access the functionality of PlumSlice if you are our direct competitor, except with our prior written consent. In addition, you may not access the website or any of our services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This site and all content on this site and the functionality of the service may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without PlumSlice Labs, Inc. prior written consent, except that PlumSlice Labs Inc. grants you non-exclusive, non-transferable, permission to access and display the Web pages and use the service provided by this site, solely on your computer. This permission is conditioned on your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions and notices.
We do not claim any intellectual property rights over the material you provide to the PlumSlice service. All material you upload remains yours. You can remove your PlumSlice account at any time by deleting your account. This will also remove all content you have stored on the Service account. We acquire no right, title or interest from you or Your licensors under this Agreement in or to your data, including any intellectual property rights therein
- The failure of PlumSlice Labs, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PlumSlice Labs, Inc. and govern your use of the Service, superseding any prior agreements between you and PlumSlice Labs, Inc. (including, but not limited to, any prior versions of the Terms of Service).
- You expressly understand and agree that PlumSlice Labs, Inc shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We may, but have no obligation, to remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- PlumSlice Labs, Inc. does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- Technical support is only provided to paying account holders and is only available via email or the support forum.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any PlumSlice customer, PlumSlice employee, member, or officer will result in immediate account termination.
- Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. You may not mirror any of the content from this site on another Website or in any other media.
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of Delaware. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Delaware. You and PlumSlice Labs, Inc. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
NO UNLAWFUL OR PROHIBITED USE
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. PLUMSLICE LABS, INC. EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, PLUMSLICE LABS, INC. MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PLUMSLICE LABS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
EXPORT RESTRICTIONS/LEGAL COMPLIANCE
You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of PlumSlice Labs, Inc. in violation of any such restrictions, laws or regulations, or without all necessary approvals.
Information PlumSlice Labs, Inc. publishes on this website may contain references or cross references to PlumSlice Labs, Inc. products, programs and services that are not announced or available in your country. Such references do not imply that PlumSlice Labs, Inc. intends to announce or make available such products, programs, or services in your country. Please contact our office using the contact page on this website for further information.
If you have any questions regarding these Terms of Service, please contact us at email@example.com. If you have any other questions, contact information is available at the Contact page on the Site.
MASTER SUBSCRIPTION AGREEMENT
In addition to the Terms of Service this Subscription Agreement (“Agreement”) governs the acquisition and use of PlumSlice services.
You may not sign up for a free trial of our services or purchase any of our services, create an account, and access the functionality of PlumSlice if you are our direct competitor, except with our prior written consent. In addition, you may not access the website or any of our services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This agreement is effective between you and us as of the date you accept this agreement.
- You are responsible for keeping your password secure. PlumSlice cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the state of Delaware.
- You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your PlumSlice account.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Account Terms as determined in the sole discretion of PlumSlice Labs, Inc. will result in an immediate termination of your services.
- PlumSlice does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for using PlumSlice are subject to change and will be effective after the customers respective current subscription period ends at which point the customers will have the option of renewing their service subscription or cancelling their account. Such notice may be provided at any time by posting the changes to the PlumSlice.com or as an announcement in your PlumSlice account. PlumSlice Labs, Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
PAYMENT OF FEES
A valid credit card or Paypal (paypal.com) account is required for paying accounts. Free accounts are not required to provide this information. The service will be billed in 1 year intervals. When your billing period is over, PlumSlice users will be automatically billed through their Subscription information. Users have ten days to bring up and settle any issues with the billing. Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction. You are responsible for paying all Taxes associated with your purchases hereunder.
TERM OF AGREEMENT
This Agreement commences on the date You accept it and continues until all User subscriptions granted in accordance with this Agreement have expired or been terminated. If You elect to use the Services for a free trial period and do not purchase a subscription before the end of that period, this Agreement will terminate at the end of the free trial period.
Except as otherwise specified, all User subscriptions shall automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per-unit pricing during any such renewal term shall be the same as that during the prior term unless We have given You written notice of a pricing increase at least 60 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter. Any such pricing increase shall not exceed 10% of the pricing for the relevant Services in the immediately prior subscription term, unless the pricing in such prior term was designated in the relevant Order Form as promotional or one-time.
CANCELLATION AND TERMINATION
- You may cancel your account at anytime by selecting the cancel option in your account settings, or by emailing firstname.lastname@example.org
- Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- We reserve the right to modify or terminate the PlumSlice service for any reason, with 90 days notice at any time.
- Fraud: Without limiting any other remedies, PlumSlice may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
- Upon request by you made within 30 days after the effective date of termination of a Purchased Services subscription, We will make available to You for download a file of Your Data in comma separated value (.csv) or XML format along with attachments in their native format. After such 30-day period, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control.
- Data, Content, and Setup information entered into the PlumSlice service during the free trial will be permanently lost unless you purchase a subscription to at least the services those covered by the trial. You can export your data before the end of the free trial to avoid loss of this data.
- During the free trial the services are provided “AS-IS” without any support or warranty. You can use the online help and video tutorials for assistance.
You agree that your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by PlumSlice Labs, Inc. regarding future functionality or features.
Services purchased may not be accessed by more than the specified number of Users paid for at any time. Additional User subscriptions may be added during the applicable subscription term at the same pricing as that for the pre-existing subscriptions, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added. The added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services.
We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not modify Your Data, disclose Your Data except as compelled by law or as expressly permitted in writing by You, or access Your Data except to provide the Services and prevent or address service or technical problems, or at Your request in connection with customer support matters.
You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the User Guide and applicable laws and government regulations.
You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks.
As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Order Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
8.2. Protection of Confidential Information. The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party shall disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates and their legal counsel and accountants without the other party’s prior written consent.
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.