PlumPMM Terms
of Service
B2B SaaS Terms |
app.plumpmm.com | Effective: 7/14/2026 | Version 1.0
These Terms of Service (this “Agreement”
or “Terms”) are a binding contract between PlumPMM
LLC, a California limited liability company located at 455 Market St, Suite
1940, #616707, San Francisco, CA 94105 (“PlumPMM,”
“we,” “us,” or “our”), and the entity or person agreeing
to these Terms (“Customer,” “you,” or “your”). This
Agreement governs your access to and use of the PlumPMM
platform at app.plumpmm.com and related services (the “Services”).
PLEASE
READ THIS AGREEMENT CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT AND A
CLASS-ACTION AND JURY-TRIAL WAIVER (SECTION 16) THAT REQUIRE DISPUTES BETWEEN
YOU AND US TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL
BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY
TRIAL AND YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY
CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE
ACTION, SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED IN SECTION 16.
THIS
AGREEMENT TAKES EFFECT WHEN YOU CLICK “I ACCEPT” (OR A SIMILAR BUTTON) OR WHEN
YOU FIRST ACCESS OR USE THE SERVICES, WHICHEVER IS EARLIER (THE “EFFECTIVE
DATE”). BY DOING SO, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND
AUTHORITY TO ENTER INTO IT AND, IF YOU ARE ACCEPTING ON BEHALF OF AN
ORGANIZATION, THAT YOU HAVE AUTHORITY TO BIND THAT ORGANIZATION (IN WHICH CASE
“YOU” MEANS THAT ORGANIZATION); AND (C) AGREE TO BE LEGALLY BOUND BY THIS
AGREEMENT.
IF
YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT CLICK “I ACCEPT” AND DO NOT ACCESS
OR USE THE SERVICES.
The Services are a business-to-business
tool intended for organizations and their personnel acting in a business capacity, and are intended for users who are at least 18
years old. The Services are not directed to consumers, and, to the fullest
extent permitted by applicable law, consumer-protection laws do not apply to
your use of the Services. Nothing in these Terms limits any right you have
under mandatorily applicable law.
“Authorized User” an individual (such as your employee or
contractor) whom you permit to use the Services under your account.
“Customer Data” all data, documents, text, files, and
other content that you or your Authorized Users submit to, upload to, or
generate within the Services, including Input and Output, and including content
collected from publicly available websites at your direction.
“Input” the prompts, instructions, documents,
and other material you or your Authorized Users provide to the Services,
including for processing by AI features.
“Output” the content generated by the Services
in response to Input, including positioning, messaging, analysis, and related
materials.
“PlumPMM
Property” the
Services, our software, models, templates, frameworks, methodologies,
documentation, and all related intellectual property, together with all
improvements to them.
“Aggregated Statistics” data and information we derive from use
of the Services that is aggregated and/or de-identified so that it does not
identify you, any Authorized User, or any individual, and does not include your
Confidential Information.
“Confidential Information” non-public information disclosed by one
party to the other that is designated confidential or should reasonably be
understood to be confidential given its nature or the circumstances of
disclosure. Customer Data is your Confidential Information.
“Order” an online or written ordering document
or plan selection specifying the Services, subscription tier, and fees.
“DPA” our Data Processing Agreement, available
at https://www.plumpmm.com/dpa, which is incorporated into these Terms and governs
our processing of personal data contained in Customer Data.
Subject to these Terms (and, for paid
plans, payment of applicable fees), we grant you a non-exclusive,
non-transferable, revocable right to access and use the Services during your
subscription term or free-tier use for your internal
business purposes, and to permit your Authorized Users to do the same, within
the features and usage limits of your plan.
You are responsible for: (a) all
activity under your account and your Authorized Users’ compliance with these
Terms; (b) maintaining the confidentiality of account credentials; and (c)
promptly notifying us of any unauthorized use. You must provide accurate
account information and keep it current.
The Services may allow sign-in via
third-party providers such as “Continue with Google.” Your use of such sign-in
is subject to that provider’s terms, and you authorize us to receive basic
profile information to create and authenticate your account.
You are responsible and liable for all
access to and use of the Services under your account, whether by you or your
Authorized Users, and whether or not such access or
use is authorized by or in compliance with these Terms. You are responsible for
all acts and omissions of your Authorized Users, and any act or omission by an
Authorized User that would breach these Terms if done by you will be deemed your
breach. You will make each Authorized User aware of the provisions of these
Terms that apply to their use of the Services and will ensure that your
Authorized Users comply with them. Your Authorized Users’ use must remain
within the features and usage limits of your plan.
As between the parties, you own all
right, title, and interest in and to Customer Data, including Input and Output.
We claim no ownership of your Customer Data. You grant us only a limited,
non-exclusive, worldwide license to host, copy, process, transmit, and display
Customer Data solely to provide, maintain, secure, and support the Services
for you, and as further described in the DPA.
We do not use Customer Data, Input, or
Output to train, fine-tune, or improve our own or any third party’s foundation
or machine-learning models.
Our agreements with our AI providers prohibit them from using your Input and
Output to train their models.
The Services use artificial
intelligence, including third-party AI providers, to generate Output from
Input. Because of the nature of AI: (a) Output may not be unique — the Services
may generate the same or similar Output for other customers, and you should not
assume Output is proprietary to you; (b) Output may be inaccurate, incomplete,
or not suitable for your purposes, and you are responsible for reviewing and
verifying Output before relying on or publishing it; and (c) we make no
warranty that Output does not infringe third-party rights. You are responsible
for your use of Output.
You represent, warrant, and covenant
that: (a) you own or have all rights, consents, and permissions necessary to
submit Customer Data to the Services and to have it Processed as contemplated
here and in the DPA; (b) you have obtained all consents required by law to
submit any Customer Data relating to third parties; (c) for any identifiable
natural person whose name or likeness appears in your Customer Data, you have
that person’s consent to use their name or likeness in the manner contemplated
by the Services, and that person has released you from liability arising from
such use; (d) your Customer Data, and our use of it as contemplated by these
Terms and the Services, will not violate applicable law or infringe any third
party’s rights, including intellectual property and privacy rights; and (e)
where Customer Data includes personal data, you have the necessary legal basis
and have provided the necessary notices to the relevant individuals. As between
the parties, you are the controller and we are the processor of personal data
within Customer Data, as set out in the DPA.
We may collect and use Aggregated
Statistics to operate, analyze, and improve the Services. Aggregated Statistics
do not identify you or any individual and exclude your Confidential
Information. As between the parties, we own Aggregated Statistics.
You, your Authorized Users, and your
employees, contractors, and agents may choose to, or we may invite you to,
provide suggestions, ideas, comments, or other feedback about the Services (“Feedback”).
Feedback is provided voluntarily, is gratuitous and unsolicited, and places us
under no fiduciary or other obligation. You hereby assign to us,
and will cause your Authorized Users to assign to us, all right, title,
and interest in any ideas, know-how, concepts, techniques, or other
intellectual property rights contained in the Feedback, and we may use and
exploit Feedback for any purpose without attribution, restriction,
confidentiality obligation, or compensation to you or any third party. All
Feedback is treated as non-confidential. Nothing in acceptance of Feedback
waives our right to use similar or related ideas that we already knew, that
were developed independently by our personnel, or that we obtained from other
sources. Feedback does not include, and this Section grants us no rights in,
your Customer Data, which remains subject to Sections 3.1–3.4, Section 7
(Confidentiality), and the DPA.
During the term, you grant us a
non-exclusive, worldwide, royalty-free license to use your name, logo, and
trademarks solely to identify you as a customer of PlumPMM
in our website, customer lists, and marketing materials. We will comply with
your reasonable trademark usage guidelines that you provide to us in writing. You
may opt out of, or revoke, this permission at any time by written notice to marketing@plumpmm.com or legal@plumpmm.com, and we will stop
making new uses of your marks within a reasonable period after your request.
This license does not permit us to imply your endorsement of any specific
product claim without your consent, and it grants us no rights in your Customer
Data.
You are solely responsible for your
Customer Data and for the consequences of using, publishing, or sharing it and
any Output. We do not control, monitor, or verify Customer Data or Output, and
we assume no responsibility or liability for it, including for any Customer
Data or Output that is inaccurate, incomplete, unlawful, or unsuitable for your
purposes. Your reliance on any Output is at your own risk, and you are
responsible for reviewing and verifying Output before using or distributing it.
This Section does not limit our confidentiality and data-protection obligations
in Section 7 (Confidentiality), Section 8 (Data Protection and Privacy), or the
DPA.
You and your Authorized Users must not:
(a) use the Services in violation of law or these Terms; (b) reverse engineer,
decompile, or attempt to derive the source code of the Services except to the
extent permitted by law; (c) resell, sublicense, or provide the Services to
third parties except your Authorized Users; (d) use the Services to build a
competing product or to train a competing AI model; (e) interfere with or
disrupt the integrity or performance of the Services; (f) attempt to gain
unauthorized access to the Services or related systems; or (g) use the Services
to generate or disseminate unlawful, infringing, harassing, or harmful content.
You may not use the Services with data
subject to special regulatory regimes (for example, protected health
information under HIPAA, or data subject to the Gramm-Leach-Bliley Act) unless
we agree in writing, as the Services are not configured for such data.
We offer a free tier with
limited features and usage, available without charge and without requiring
payment information to sign up. The free tier is provided “as is,” and we
may change, limit, or discontinue it, or adjust its features and usage limits,
at any time. You may use the free tier only for your internal business purposes
and subject to these Terms and our acceptable-use requirements. Free-tier
users receive the same data protections as paid customers — you own your
Customer Data and Output, we do not train on it, and the DPA applies (Sections
3 and 8).
Paid plans are sold to you by Paddle
as our authorized reseller and Merchant of Record, and are made available to you by
PlumPMM under these Terms (the “sold by Paddle,
provided by PlumPMM” model shown at checkout). For
buyers in the United States, the Paddle entity is Paddle.com Inc., 3811
Ditmars Blvd #1071, Astoria, NY 11105-1803; for buyers elsewhere, the Paddle
entity is Paddle.com Market Ltd. As Merchant of Record, Paddle is
responsible for processing payments, calculating and collecting applicable taxes,
and handling payment disputes and chargebacks. Your purchase is subject to the Paddle
Checkout Buyer Terms (https://www.paddle.com/legal/buyer-terms) in addition
to these Terms.
If you subscribe to a paid plan, you
agree to pay the fees for the tier shown at checkout and in your account.
Unless otherwise stated, paid subscriptions renew automatically for successive
periods equal to the initial term (see Section 5.6). Fees are stated in US
dollars unless otherwise specified at checkout. We may change fees for paid
plans and will give notice as required by applicable law, with changes taking
effect at your next renewal.
You may cancel a paid subscription at
any time through your account settings where available, and through Paddle’s
buyer portal (linked in your Paddle order confirmation, or at paddle.net).
Cancellation stops the next renewal and takes effect at the end of your current
paid period; you retain access until then and may continue on
the free tier (subject to its limits) or your account may be closed.
Since Paddle is the Merchant of
Record, refunds are handled by Paddle in accordance with Paddle’s Refund
Policy and applicable law. For more information on cancellation and refund policy, please refer to https://www.plumpmm.com/legal/refund. Except where a refund is
required by applicable law or granted under Paddle’s Refund Policy, fees for
paid plans are non-refundable. The free tier involves no fees and no refunds.
Any sales tax, VAT, GST, or similar
taxes on your purchase are calculated, collected, and remitted by Paddle as
Merchant of Record and will be shown at checkout. Fees are exclusive of such
taxes unless stated otherwise.
IF
YOU PURCHASE A PAID SUBSCRIPTION, YOUR SUBSCRIPTION AND THE CORRESPONDING FEES
SHOWN AT CHECKOUT AND IN YOUR ACCOUNT WILL AUTOMATICALLY RENEW AT THE END OF
EACH BILLING PERIOD (MONTHLY PLANS RENEW MONTHLY; ANNUAL PLANS RENEW ANNUALLY)
ON A CONTINUOUS BASIS UNTIL YOU CANCEL. YOU AUTHORIZE PADDLE, AS MERCHANT OF
RECORD, TO CHARGE THE THEN-CURRENT SUBSCRIPTION FEES AND ANY APPLICABLE TAXES
TO YOUR PAYMENT METHOD ON RECORD AT EACH RENEWAL, WITHOUT FURTHER NOTICE UNLESS
REQUIRED BY LAW.
YOU
MAY CANCEL AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS WHERE AVAILABLE OR THROUGH
PADDLE’S BUYER PORTAL. CANCELLATION STOPS THE NEXT RENEWAL AND TAKES EFFECT AT
THE END OF YOUR CURRENT PAID PERIOD; FEES ALREADY CHARGED ARE NON-REFUNDABLE
EXCEPT AS PROVIDED IN SECTION 5.4.
Billing, payment processing, taxes,
refunds, and chargebacks are administered by Paddle as Merchant of Record under
the Paddle Checkout Buyer Terms and Paddle’s Refund Policy, which you accept at
checkout. To the extent those Paddle terms conflict with this Section 5
regarding payment, tax, refund, or chargeback mechanics for a given purchase,
Paddle’s terms govern that purchase as between you and Paddle; these Terms
continue to govern your access to and use of the Services. You are responsible
for providing accurate, current payment information and for keeping it up to
date.
We may change fees for paid plans; we
will give you advance notice as required by applicable law, and changes apply
at your next renewal.
We and our licensors own all right,
title, and interest in the PlumPMM Property,
including all intellectual property rights. Except for the limited access
rights granted in Section 2, no rights in the PlumPMM
Property are granted to you. Our name, logo, and marks may not be used without
our prior written consent. We reserve all rights not expressly granted.
Each party may access the other’s
Confidential Information. The receiving party will: (a) use the disclosing
party’s Confidential Information only to perform under these Terms; (b) protect
it using at least reasonable care; and (c) not disclose it except to its
personnel and advisers who need to know and are bound by confidentiality. These
obligations continue for [three (3)] years after disclosure, except that
trade secrets remain protected for as long as they remain trade secrets, and
Customer Data remains protected for as long as we retain it. This Section does
not apply to information that is public through no fault of the receiving
party, independently developed, or rightfully received from a third party, and
does not restrict disclosure required by law (with notice where permitted).
Our collection and use of personal data
in connection with the Services is described in our Privacy Policy at https://plumpmm.com/privacy.
To the extent we process personal data contained in Customer Data on your
behalf, the DPA at https://plumpmm.com/dpa applies and is incorporated
into these Terms. You do not need to sign a separate document — by
agreeing to these Terms you also agree to the DPA. Where required for
international transfers, the DPA includes the applicable Standard Contractual
Clauses.
The Services may interoperate with
third-party products and services (for example, sign-in, payment, and AI
providers). We are not responsible for third-party services, and your use of
them is governed by their terms. Enabling a third-party integration authorizes
us to exchange data with it as needed to provide the integration.
These Terms apply while you use the
Services. Either party may terminate for the other’s material breach that
remains uncured [thirty (30)] days after written notice. We may suspend
or limit access if your use poses a security risk, violates Section 4, or is
required by law, and we will use reasonable efforts to notify you. On
termination: your access ends; you must stop using the Services; and each party
will return or delete the other’s Confidential Information on request, subject
to the data-return and deletion terms of the DPA and our backup practices.
Provisions that by their nature should survive (including Sections 3, 6, 7,
11–13, 17–19) survive termination.
Each party represents and warrants that
it has the legal power and authority to enter into
these Terms.
EXCEPT
AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND ALL OUTPUT ARE PROVIDED
“AS IS” AND “AS AVAILABLE,” AND YOUR USE OF THEM IS AT YOUR OWN RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT
LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS;
(B) ANY DEFECTS WILL BE CORRECTED; OR (C) ANY OUTPUT OR OTHER CONTENT OBTAINED
THROUGH THE SERVICES IS OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT,
NON-INFRINGING, OR SUITABLE FOR YOUR PURPOSES. YOU ARE RESPONSIBLE FOR
REVIEWING AND VERIFYING OUTPUT BEFORE RELYING ON, USING, OR DISTRIBUTING IT,
AND ANY SUCH RELIANCE OR USE IS AT YOUR OWN RISK.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR
THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY
PRODUCT, SERVICE, OR CONTENT ACCESSED THROUGH THE SERVICES, WHICH IS GOVERNED
BY SECTION 9 AND THE APPLICABLE THIRD PARTY’S TERMS.
Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions may not apply
to you. In that case, these Terms give you specific legal rights, and you may
have additional rights that vary by jurisdiction; the disclaimers and
exclusions in this Section apply to the fullest extent permitted by applicable
law and will not apply to the extent prohibited by it.
Indemnification by you. You will defend, indemnify, and hold
harmless PlumPMM and its affiliates, and their
respective officers, directors, employees, agents, and licensors (the “Indemnified
Parties”), from and against any third-party claims, and any resulting
damages, losses, liabilities, costs, and expenses (including reasonable
attorneys’ fees), arising out of or relating to: (a) your or your Authorized
Users’ access to or use of the Services, including any Customer Data or content
transmitted through the Services; (b) your or your Authorized Users’ violation
of these Terms, including any breach of your representations and warranties;
(c) your or your Authorized Users’ violation of any third party’s rights,
including intellectual property or privacy rights, including through Input or
Output you use or publish; (d) your or your Authorized Users’ violation of
applicable law; (e) your Customer Data, including any claim that it is false,
misleading, inaccurate, or infringing; (f) your or your Authorized Users’
willful misconduct or gross negligence; or (g) any other person’s access to or
use of the Services using your or your Authorized Users’ credentials.
Procedure. The Indemnified Party will (a)
promptly notify you of the claim (though a delay will not relieve you of your
obligations except to the extent you are prejudiced), (b) give you sole control
of the defense and settlement (except that you may not settle a claim in a way
that imposes liability or admits fault on an Indemnified Party without its
prior written consent), and (c) provide reasonable cooperation at your expense.
To the fullest extent permitted by law,
neither party will be liable for any indirect, incidental, special,
consequential, exemplary, or punitive damages, or for any lost profits, lost
revenue, loss of goodwill, or loss of or damage to data, arising out of or
relating to these Terms or the Services, even if the party has been advised of
the possibility of such damages and regardless of the theory of liability.
Except for the Excluded Claims below,
each party’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the
total fees paid or payable by you to us for the Services in the twelve (12)
months immediately preceding the event giving rise to the liability, or (b) US$50.
“Excluded Claims” means: (a)
your obligation to pay fees; (b) your breach of Section 4 (Acceptable Use); (c)
either party’s indemnification obligations under Section 12; and (d) either
party’s liability for its gross negligence, willful misconduct, or fraud.
Excluded Claims are not subject to the cap in the preceding paragraph.
The limitations in this Section apply
in the aggregate across all claims and do not limit either party’s liability to
the extent such limitation is not permitted by applicable law. Some
jurisdictions do not allow the exclusion or limitation of certain damages, so
some of the above exclusions or limitations may not apply to you.
We may modify these Terms; we will post
the updated Terms with a new “Last updated” date and, for material changes,
provide reasonable notice (such as by email or in-product notice). Changes are
effective on the stated date, and your continued use constitutes acceptance. We
may also modify or discontinue features of the Services, and
will use reasonable efforts to avoid material degradation of the core Services
during a paid term.
From time to time
we may offer pre-release or beta versions of the Services or features (“Beta
Services”). Our current invite-only beta runs from [July 15, 2026]
through [July 31, 2026] (the “Beta Period”). This Section governs
your use of the Beta Services and, during the Beta Period, prevails over any
conflicting provision of these Terms; all other provisions of these Terms
continue to apply, including our commitments on Customer Data ownership, no
AI-model training, confidentiality, the DPA, intellectual property, limitation
of liability, and dispute resolution.
During the Beta Period, the Services —
including any features designated as “paid” — are provided to beta participants
free of charge. No fees are due and no
subscription will auto-renew or bill during the Beta Period. Nothing in this
Section obligates us to provide the Services free of charge after the Beta
Period.
The Beta Services are pre-release
and provided for evaluation and feedback only. You acknowledge that they
are under active development and that we may add, change, suspend, or remove
features, and may make breaking changes, at any time and without notice.
We make no commitment that the Beta Services will be stable, complete,
available, supported, or continued, and the provisions elsewhere in these Terms
about avoiding material degradation of the Services do not apply to the Beta
Services.
The Beta Services may contain bugs,
errors, and inaccuracies and are not intended for production,
business-critical, or reliance-based use. To the fullest extent
permitted by law, the Beta Services and all Output are provided “AS IS” and “AS
AVAILABLE,” with no warranties of any kind, and Section 11 (Warranties and
Disclaimer) applies with full force to the Beta Services. You use the Beta
Services at your own risk.
BECAUSE
THE BETA SERVICES ARE UNDER ACTIVE DEVELOPMENT, BREAKING CHANGES MAY RESULT IN
THE MODIFICATION, RESET, OR DELETION OF CUSTOMER DATA. YOU SHOULD MAINTAIN YOUR
OWN INDEPENDENT COPIES OF ANY CUSTOMER DATA YOU VALUE, AND YOU SHOULD NOT USE
THE BETA SERVICES AS THE SOLE REPOSITORY FOR ANY IMPORTANT CONTENT.
We will use reasonable efforts to
preserve Customer Data, but we are not liable for any loss, corruption, or
deletion of Customer Data arising from the Beta Services, including as a result of breaking changes. Our data-protection
commitments (ownership, no training, confidentiality, and the DPA) continue to
apply to the Customer Data we do hold during the Beta Period.
At the end of the Beta Period (or if we
end it earlier), we will try to transition your account and Customer Data
onto our free tier so you can continue using the Services under these
Terms. However, where breaking changes make migration impractical, we may
reset or delete beta Customer Data, in which case your account may continue on the free tier without the prior Customer Data.
We will use reasonable efforts to give beta participants notice before deleting
Customer Data at the end of the Beta Period. Continuing on
a paid plan after the Beta Period requires selecting a paid plan and is subject
to Section 5.
The Beta Services, their features and
functionality, your access to them, and the existence and details of the beta
are our Confidential Information under Section 7. You will not disclose
or publish them — including screenshots, demonstrations, benchmarks, or
descriptions — to any third party, or make any public statement about the beta,
without our prior written consent, except as permitted by the carve-outs in
Section 7 (for example, information that becomes public through no fault of
yours). This obligation applies during and after the Beta Period.
The purpose of the beta is to gather
your feedback, and you are encouraged to provide it. Feedback you provide is
governed by Section 3.6 (Feedback), including our right to use it and to
develop similar features independently.
These Terms are governed by the laws of
the State of California, without regard to its conflict-of-laws rules.
The United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transactions Act do not apply. Subject to
Section 16, the state and federal courts located in California have
exclusive jurisdiction, and the parties consent to
venue there.
Informal resolution. Before initiating arbitration, the
parties will try to resolve any dispute informally for at least thirty (30)
days after written notice.
Binding arbitration. Except for the excluded matters below,
any dispute arising out of or relating to these Terms will be finally resolved
by binding arbitration administered by the American Arbitration Association
(AAA) under its Commercial Arbitration Rules, seated in California,
before one arbitrator, in English. Judgment on the award may be entered in any
court of competent jurisdiction. YOU AND WE ARE WAIVING THE RIGHT TO A JURY
TRIAL.
Class-action waiver. Disputes will be conducted only on an
individual basis and not as a class, collective, or representative action.
There is no right to arbitrate on a class basis.
Exceptions. Either party may (a) seek injunctive
or equitable relief in court to protect its intellectual property or
Confidential Information, and (b) bring claims in small-claims court where they
qualify. If the class-action waiver is found unenforceable, the arbitration
provision (except the injunctive-relief carve-out) is void and disputes proceed
in the courts identified in Section 15.
Entire agreement. These Terms, the DPA, the Privacy
Policy, and any Order are the entire agreement and supersede prior agreements
on this subject. Assignment. You may not assign these Terms without our
consent, except to a successor in a merger or sale of substantially all assets;
we may assign to an affiliate or successor. Force majeure. Neither party
is liable for delays caused by events beyond its reasonable control. Severability;
waiver. If a provision is unenforceable, the rest remains in effect; failure
to enforce is not a waiver. Notices. Legal notices to us go to legal@plumpmm.com;
we may notice you via your account or email. Relationship. The parties
are independent contractors. Electronic communications. You consent to
electronic communications and agree that electronic acceptance and records
satisfy any requirement of a writing or signature.
Under California Civil Code §1789.3,
California users may report complaints to the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800)
952-5210.
PlumPMM LLC
455 Market St, Suite 1940, #616707, San Francisco, CA 94105, United States
General: contact@plumpmm.com | Legal notices: legal@plumpmm.com