Terms of Service for Plume Services

Last updated: March 13, 2024

Prior Version: December 20, 2022

Plume Design, Inc. (Plume or we) offers cloud-based software services, mobile applications, hardware and other related services that deliver smart home and enterprise-grade small business services built on self-optimising Wi-Fi technology (together, Plume Services). Plume offers the Plume Services subject to these Plume Terms of Service (Plume Terms).

Plume Design, Inc. is a company incorporated under U.S. law, with a place of business at 325 Lytton Avenue, Palo Alto, CA 94301, USA; telephone number 0808-189-2493 (non-premium rate number); and [email protected].

For the Plume Services:

• You are a “Customer” if you are the legal or natural person that purchases or subscribes to the Plume Services.
• You are a “User” if you are authorised by Customer to access and use the Plume Services under Plume’s agreement with the Customer. If you are the Customer and a natural person, then you also are a User.

When used in these Plume Terms, “you” means (as context dictates) the Customer or User that uses the Plume Services.

These Plume Terms of Sale apply to Customers and Users located in Belgium, Germany, Switzerland and the UK only. If you are located elsewhere, these Terms of Service do not apply. Please refer to Plume Legal Directory.

PLEASE READ THESE PLUME TERMS CAREFULLY. THESE PLUME TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR RELATIONSHIP WITH PLUME.

BY CLICKING A BUTTON OR CHECKING A BOX INDICATING ACCEPTANCE OF THESE PLUME TERMS AND AFFIRMATIVELY ACTIVATING THE PLUME SERVICES, YOU AFFIRM TO PLUME THAT:

• YOU ARE LEGALLY COMPETENT TO ENTER INTO AND BE BOUND BY CONTRACTS
• YOU UNDERSTAND AND AGREE TO THESE PLUME TERMS AND THE PLUME ACCEPTABLE USE POLICY.

For information on how Plume collects, uses and shares personal information, please see the Plume Privacy Policy. Your acceptance of these Plume Terms constitutes your acknowledgement of and consent to the processing activities described in the Plume Privacy Policy.

Memberships are subject to automatic renewal which means recurring payments at the stated frequency until cancelled as described in the Terms of Sale for Customers and Users located in Belgium, Germany, Switzerland and the UK.

IF YOU ARE ACCEPTING THESE PLUME TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT TO PLUME THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE PLUME TERMS. IF YOU DO NOT HAVE THE AUTHORITY OR DO NOT AGREE WITH THESE PLUME TERMS, YOU ARE NOT AUTHORISED TO USE THE PLUME SERVICES.

1. KEY DEFINITIONS

For your convenience, many of the capitalized terms that we use in these Plume Terms are defined in this Section 1:

• Acceptable Use Policy means Plume’s rules for acceptable use of the Plume Services, available here.

• App Platform means Apple App Store, Google Play, the Amazon Appstore or another online store through which Plume’s Mobile Apps are made available.

• Customer and User Data means data (including Personal Information, as defined in the Plume Privacy Policy in any form or medium that is transmitted to or through the Plume Services or otherwise made available by Customer and/or Users in connection with the Plume Services but excluding Services Data.

• Documentation means all manuals, instructions and other materials that Plume provides or makes available to Customers and Users in any form or medium and that describe the functionality, components, features and/or requirements of the Plume Services, as updated from time to time

• Membership means a service plan subscription for the HomePass Services or WorkPass Services, whether acquired from Plume, an authorised reseller, or a Plume Partner.

  • For a description of a HomePass Membership, please see HomePass Description.
  • For a description of a WorkPass Membership, please see WorkPass Description.

• Mobile App means Plume’s HomePass mobile application or WorkPass mobile application used in conjunction with the HomePass Services or Work Pass Services. Mobile Apps means both the HomePass mobile application and WorkPass mobile application.

• Plume Partners means businesses that offer equipment for and/or subscriptions to the Plume Services, including communication and Internet service providers, resellers and other service providers that help make the Plume Services available to subscribers.

• Plume Products means Plume’s SuperPods and related equipment sold by or on behalf of Plume.

• Product Software means the software embedded in the Plume Products and equipment made available by Plume Partners, including Updates and Enhancements (defined in Section 7).

• Services Data means data that are generated by or derived from use of the Plume Services by Customers and/or Users.

• Third-Party Materials means technology and services provided by a third party that interoperate with or otherwise support the Plume Services, such as security and hosting service providers.

• User Integrated Services means third-party software and other services that a Customer or User chooses to integrate with the Plume Services pursuant to Customer’s or User’s account with the provider of those services.

2. HOW THESE PLUME TERMS APPLY

These Plume Terms apply to the use of Plume Services, including use of the Mobile Apps. Certain Plume Services may require that you agree to additional legal terms (Service Specific Terms).

Plume’s Service Specific Terms include:

• Service Specific Terms for the HomePass Services
• Service Specific Terms for WorkPass Services

If the Plume Service that you use is not listed above, please Plume Legal Directory and/or send an email to [email protected].

If any term of these Plume Terms conflicts with any of the Service Specific Terms, then the Service Specific Terms control with respect to the specific Plume Services to which they relate.

Plume may have agreements with Plume Partners that contain terms applicable to certain Memberships that are different from these Plume Terms. The Plume Partner’s agreement applies instead of these Plume Terms only when expressly presented within the Plume Services and only to the extent of any conflict or inconsistency.

If you have a question about whether these Plume Terms apply to you, please contact [email protected].

Please see Plume’s Terms of Sale (Belgium, Germany, Switzerland and the UK) for the terms and conditions applicable to purchases of WorkPass Memberships and Plume Products from Plume’s online store and purchases of HomePass Memberships made through the HomePass Mobile App.

3. ACCESSING THE PLUME SERVICES

3.1 Accounts. To activate a Membership, you must create a Plume account. To create an account, you must (I) choose a username and password (Account Credentials); (ii) provide true, accurate, current and complete information and maintain that information as accurate, current and complete; and (iii) use appropriate safeguards to maintain the confidentiality and security of Account Credentials. You are solely responsible for using appropriate safeguards to maintain the confidentiality and security of your Account Credentials, and you accept responsibility for all activities that occur using your Account Credentials.

Plume reserves the right to limit the number of accounts that are created from a single device and the number of devices associated with an account. Memberships are personal and, to the extent permissible under applicable law, cannot be resold or transferred.

Plume may, in its sole discretion, suspend or terminate Account Credentials and access to the HomePass Services and/or Work Pass Services if Plume makes a good-faith determination that you are violating these Terms of Service or applicable laws or that your Account Credentials or the Plume Services are no longer secure. If, after assessing the circumstances and considering your legitimate interests, re-activating your Account Credentials is not possible without compromising the integrity of the Plume Services, you understand that Plume is authorised to permanently suspend or terminate Account Credentials or access to the Plume Services, in whole or in part.

If you believe that your account is no longer secure, then you must immediately notify Plume at [email protected].

3.2 Right to Use Plume Services. Subject to your compliance with these Plume Terms and applicable Service Specific Terms, Plume and its licensors grant you the limited, non-exclusive, non-transferable, non-sub-licensable and revocable right to access and use the Plume Services and Documentation, including a limited, revocable, and non-transferable license to install and use the Mobile Apps on devices you own or have a legal right to use in accordance with these Terms of Service. You may not sublicense, assign or transfer any right or license granted by Plume and any attempt to do so is and will be null and void. Plume reserves all rights that are not expressly granted or are granted as statutory rights under applicable copyright law in these Plume Terms. Plume makes the Plume Services available in compliance with laws applicable to Plume which are required for the proper functioning and contractually agreed use of the Plume Services and not necessarily in compliance with laws applicable to your specific use of the Plume Services.

Plume’s End User License Agreement governs the Product Software. You may make one copy of the Product Software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from the Product Software. The Plume Services also include software offered under an open source license with use requirements that supplement these Plume Terms. For more information, please contact [email protected].

3.3 Compatible Equipment and Software Requirement. Use of the Plume Services requires use of compatible devices, Internet access and equipment. The latest Updates to or version of required software is necessary for certain transactions or features to properly function. You agree that meeting these requirements is your responsibility.

3.4 Mobile Apps and App Platforms.

3.4.1 Apple App Store Requirements. If you access and download a Mobile App from Apple’s App Store, you acknowledge and agree that the Plume Terms are concluded between you and Plume only, and not Apple. Plume, not Apple, is solely responsible for Plume’s Mobile Apps and content thereof. Your use of the Mobile Apps must comply with the App Store’s terms and conditions, available on https://www.apple.com/legal/internet-services/itunes/. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Apps. If a Mobile App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the Mobile App to you and, to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App. As between Plume and Apple, all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Plume. You acknowledge that, as between Plume and Apple, Apple is not responsible for addressing any claim that you have or any claim of any third party relating to the Mobile Apps or your possession and use of Plume’s Mobile Apps. These claims include but are not limited to: (i) product liability claims; (ii) any claim that a Mobile App failed to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that a Mobile App or your possession and use of a Mobile App infringes a third party’s intellectual property rights, as between Plume and Apple, Plume, not Apple, is solely responsible for the investigation, defense, settlement and discharge of the intellectual property infringement claim to the extent required by these Plume Terms. You and Plume acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Plume Terms as related to your license of the Mobile Apps and that, upon your acceptance of these Plume Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Plume Terms as related to your license of the Mobile Apps against you as a third-party beneficiary thereof. Without limiting any other terms of these Plume Terms, you must comply with all applicable third-party terms when using the Mobile Apps.

3.4.2 Other App Platforms Requirements. You acknowledge and agree that the availability of the Mobile Apps as part of the Plume Services depends on the terms of the App Platform from which you access the Mobile App. Plume, not the App Platform, is solely responsible for Plume’s Mobile Apps and their content, maintenance, support services and warranty therefor, and for addressing any claim relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You also agree to pay all fees (if any) charged by the App Platform in connection with the Mobile Apps. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, all applicable third-party terms of agreement when using the Plume Services. You acknowledge that the App Platform (and its subsidiaries) are third-party beneficiaries of these Plume Terms and will have the right to enforce these Plume Terms as related to your license of the Mobile Apps against you as a third-party beneficiary thereof. The App Platform is not and will not be responsible for and will not have any liability whatsoever under these Plume Terms.

4. YOUR RESPONSIBILITIES

Customer is solely responsible for:

• Compliance with these Plume Terms and the Acceptable Use Policy, including decisions and actions based on use of the Plume Services by Users;
• The lawfulness of Customer and User Data, Feedback (as defined in Section 6.4) and User Integrated Services;
• Fees, including Internet connection or mobile fees, incurred when accessing the Plume Services;
• Compliance with all applicable laws and regulations related to use of the Plume Services and obtaining all necessary consents, honouring all opt-out requests from Users with respect to the Plume Services and the quality, integrity and lawfulness of all Customer and User Data and User Integrated Services;
• Use of reasonable and appropriate administrative, physical and technical safeguards to protect against unauthorised access to or use of Account Credentials and the Plume Services;
• Reasonably cooperating with Plume when Plume believes use of the Plume Services violates law or the Acceptable Use Policy, Plume Privacy Policy or any other part of these Plume Terms; and
• The hardware and other equipment and internet connection through which you and Users access and use the Plume Services (including operation, maintenance and management) and all access to and use of the Plume Services directly or indirectly through that equipment and internet connection, whether or not authorised.

5. CONDITIONS OF USE

5.1 Acceptable Use. Without limiting your obligations under the Acceptable Use Policy, Customer understands and agrees that Customer will not (and will use best efforts not to enable a User or third party to):

• copy, modify, frame, mirror or create derivative works or improvements of the Plume Services;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any of the Plume Services to any third party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
• reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Plume Services, in whole or in part, but in each case only to the extent that such rights are not granted as statutory rights under applicable copyright law.;
• bypass or breach any security device or protection used for the Plume Services or access or use the Plume Services other than through the use of your own valid Access Credentials;
• input, upload, transmit or otherwise provide to or through the Plume Services any Customer and User Data or other information or materials that are unlawful or injurious to Plume or any third party or contain, transmit or activate any virus, worm, malware or other malicious computer code;
• damage, destroy, disrupt, disable, impair or otherwise impede or harm in any manner the Plume Services or Plume’s provision of the Plume Services, in whole or in part;
• remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notice from any of the Plume Services or Third-Party Materials, including any copy thereof;
• access or use the Plume Services or Third-Party Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any right of any third party (including by any unauthorised access to, misappropriation, use, alteration, destruction or disclosure of the data of any other customer) or that violates any applicable law;
• use or permit use of the Plume Services to transmit content or code that violates the Acceptable Use Policy;
• access or use the Plume Services for purposes of competitive analysis of the Plume Services, the development, provision or use of a competing product or service or any other purpose that is to Plume’s detriment or commercial disadvantage; or
• otherwise access or use the Plume Services beyond the scope of the authorisation expressly granted under these Plume Terms.

The Plume Services are not targeted for use by children. Customer is responsible for obtaining verifiable consent from the parent or legal guardian of any User who is under the age of majority.

5.2 Disclosure of Customer and User Data. Customer and Users agree that Plume may disclose Customer and User Data if (i) Plume believes that disclosure is reasonably necessary to comply with any law or a request from a government regulator or communications service provider that Plume believes in good faith is lawful, (ii) to enforce our agreements with you and the associated policies, (iii) to protect the security or integrity of the Plume Services, (iv) to protect ourselves, our other customers or the public from harm or illegal activities, or (v) to respond to an emergency that Plume believes in good faith requires us to disclose Customer and User Data.

5.3 Monitoring. Plume does not control how Users use the Plume Services or data that Users submit to or transmit through the Plume Services. You understand that, when using the Plume Services, you may be exposed to Customer and User Data from a variety of sources and acknowledge that the Customer and User Data may be inaccurate, offensive, indecent or objectionable.

You are solely responsible for your Customer and User Data and the consequences of providing Customer and User Data via the Plume Services. To the fullest extent permitted by applicable law, Plume disclaims all liability that arises in connection with Customer and User Data. You hereby waive any legal or equitable right or remedy you may have against Plume with respect to Customer and User Data.

You understand that Plume may, at any time and without prior notice, screen, remove, edit or block any Customer and User Data that in Plume’s sole judgment violates these Plume Terms or is otherwise objectionable. You acknowledge and agree that Plume reserves the right to, and may from time to time, monitor data transmitted or received through the Plume Services for operational and other lawful purposes. If Plume chooses to monitor the Plume Services, Plume assumes no additional responsibility or liability to you or any third party to the maximum extent permitted by law.

6. INTELLECTUAL PROPERTY RIGHTS.

6.1 Ownership of Customer and User Data. You are and will remain the sole and exclusive owner of all right, title and interest in and to your Customer and User Data, including all intellectual property rights relating thereto. You hereby irrevocably grant to Plume all rights and permissions in or relating to Customer and User Data that Plume determines necessary or useful to perform the Plume Services, enforce these Plume Terms or otherwise exercise Plume’s rights and perform Plume’s obligations. By providing your Customer and User Data to or through the Plume Services to other users of the Plume Services, you grant those users a non-exclusive license to access and use your Customer and User Data as permitted by these Plume Terms and the functionality of the Plume Services.

You expressly acknowledge that Customer and User Data excludes Services Data. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to Plume all right, title and interest you may have in and to Services Data.

6.2 Ownership of Plume Services. The Plume Services are owned and operated by Plume. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Plume Services provided by Plume (Plume Content) are protected by intellectual property and other laws. All Plume Content included in the Plume Services are the property of Plume or its third-party licensors. Except as expressly authorised by these Plume Terms, statutory rights or otherwise by Plume, you may not use the Plume Content. Plume reserves all rights to the Plume Content not granted expressly in these Plume Terms.

6.3 Ownership of Third-Party Materials. With respect to Third-Party Materials, the applicable third party owns all right, title and interest, including all intellectual property rights, in and to Third-Party Materials. You have no right, license or authorisation with respect to Third-Party Materials except as expressly set forth in the applicable third-party license. All other rights in and to the Third-Party Materials are expressly reserved by the applicable third-party licensor.

6.4 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Plume Services (Feedback), then you grant Plume a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of and otherwise exploit in any manner all Feedback. You also acknowledge and agree that Plume may publish your Feedback on its website and attribute that Feedback to you (in accordance with the terms of the Plume Privacy Policy).

7. CHANGES TO PLUME SERVICES AND THESE PLUME TERMS

7.1 Updates to Plume Services. We are always looking to innovate and make the Plume Services better. As a result, Plume may from time to time update the Plume Services, including enhancements, modifications, upgrades and other changes to the existing features and operability of the Plume Services and the Plume Products (collectively, Updates). These Updates may occur for various reasons, such as adding or removing functionality, fixing bugs, and addressing issues relating to security or performance. Whenever possible, Plume will provide you with reasonable, advance notice (which may include notice by way of posting in the Plume Services or within a Mobile App) of material Updates to enable you to prepare for the Updates. You acknowledge and agree that Updates made to comply with applicable law may not allow Plume to provide advance notice of Updates.

Plume wants you to use the most recent version of a Mobile App and Product Software to ensure you have the latest features, bug fixes and more.

You acknowledge that you may be required to install Updates to use the Plume Services and the Plume Products and you agree to promptly install Updates. By downloading or installing a Mobile App or using the Product Software, you consent to the installation of the software and to future Updates. You agree to use the most current version of each Mobile App available in Apple App Store or Google Play and the most current version of the Plume Software. Plume may only support the most current version of the Mobile Apps and Plume Software.

In some cases, some Updates may be installed automatically for security reasons and to secure the proper functioning of the Plume Services in accordance with applicable law. To the extent permitted by your device settings, YOU AGREE TO THE AUTOMATIC INSTALLATION OF UPDATES. You can withdraw your consent at any time by uninstalling a Mobile App and/or by otherwise stopping your use of the Plume Services. To request assistance with the removal or disabling of a Mobile App or Product Software, please contact us.

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE that the Plume Services and Updates may (i) cause your mobile telephone, computer and/or network equipment to automatically communicate with Plume’s (or one of its third-party service provider’s) servers to deliver the functionality described in these Plume Terms and to record Customer and User Data and Services Data, (ii) affect app-related preferences or data stored in your mobile device, and (iii) collect personal information and other information, as described in the Plume Privacy Policy. You also acknowledge, understand and agree that your telecommunications services provider may impose data charges when you install Updates.

If you are the Customer, you are responsible for notifying Users about Updates that affect them.

7.2 Enhancements to Plume Services. Certain modifications to the Plume Services, such as Plume Services that are subject to Service Specific Terms, that add new features or functionality, or that involve the acquisition of new Plume Products or other hardware or software (Enhancements) are made available at Plume’s discretion upon the payment of additional fees, if any.

7.3 Other Modifications to the Plume Services. Plume reserves the right to modify, limit or discontinue the Plume Services at any time (including by limiting or discontinuing certain features of the Plume Services), temporarily or permanently by providing reasonable prior notice.

Plume may elect to limit, discontinue or deprecate certain functionality or features within the Plume Services after providing reasonable prior notice. Whenever possible, Plume will provide at least ninety (90) days’ advance notice of any limitation, discontinuation or deprecation of any material function (and related support) within the Plume Services. You acknowledge and agree that deprecations made to comply with applicable law may not allow Plume to provide advance notice. Plume will consider the legitimate interests of the Users in each case. If you do not accept a limitation, discontinuation or deprecation, you may terminate your contractual relationship with Plume without penalty and you are entitled to a refund for the portion of the Plume Services not consumed.

To the fullest extent permitted by law, Plume will have no liability to any third party for any change to the Plume Services or any suspension or termination of your access to or use of the Plume Services made in accordance with these Plume Terms.

7.4 Changes to these Plume Terms. You acknowledge and agree that Plume has the right to modify these Plume Terms from time to time to reflect changes to the Plume Services, industry requirements or applicable law. Plume will provide reasonable notice at least thirty (30) days in advance and require that you accept the modified Plume Terms. If you do not accept the modified Plume Terms, you have the right to cancel your Membership prior to the end of this notice period. You acknowledge and agree that changes to applicable law may prevent Plume from providing advance notification.

Customer is responsible for notifying Users about changes to these Plume Terms. Disputes arising under these Plume Terms will be resolved in accordance with the version of these Plume Terms that was in effect at the time the dispute arose.

8. AVAILABILITY OF PLUME SERVICES

You acknowledge that the Plume Services, including remote access and mobile notifications, are not error-free or 100% reliable or available. Proper functioning of the Plume Services relies and is dependent on, among other things, broadband Internet access used to transmit data through the Wi-Fi network and the wireless device used. The Plume Services may be interrupted, delayed, refused or otherwise limited for a variety of reasons, such as insufficient coverage, power outages, termination of service, environmental conditions, interference, non-payment of applicable fees, system capacity, repairs, relocations and priority access by emergency responders in the event of a disaster or emergency (Service Interruptions). You understand that Service Interruptions may make the Plume Services unreliable or unavailable for the duration of the Service Interruption. Although Plume uses commercially reasonable efforts to notify you of Service Interruptions, Plume cannot and does not guarantee that you will receive these notifications. YOU AGREE THAT YOU WILL NOT RELY ON THE PLUME SERVICES FOR ANY LIFE, SAFETY OR CRITICAL PURPOSES. Except where required by applicable law, you agree that you will not be entitled to any refund or rebate for service interruptions or suspensions. Plume does not offer any specific uptime guarantee for the Plume Services.

Plume makes no representation that the Plume Services, or any feature or part thereof, are appropriate or available for use in any particular location, other than as set forth in the beginning of these Plume Terms. To the extent you choose to access and use the Plume Services outside of these locations, you do so at your own initiative and are responsible for compliance with applicable laws.

9. USER INTEGRATED SERVICES

You are solely responsible for your use of User Integrated Services through the Plume Services, such as tools that enable you to export your Customer and User Data to third parties or to link your account on Plume with an account on the third-party service. By choosing to use User Integrated Services, you agree that Plume may provide access to or transfer your Customer and User Data to the applicable third-party service provider. User Integrated Services are not under Plume’s control. To the maximum extent permitted by law, Plume is not responsible for your decision to use User Integrated Services.

The Plume Services also may contain links to third-party websites and services for informational purposes. These websites and services are not under Plume’s control and Plume is not responsible for their content.

10. DISCLAIMERS; WARRANTIES

10.1 Plume Warranties. Plume warrants that (i) the Plume Services will conform in all material respects to the Documentation that Plume makes available to you; (ii) Plume is duly organized and in good standing under the laws of the jurisdiction of its organization, and (iii) Plume has all requisite power and authority (corporate or otherwise) to execute, deliver and perform its obligations under these Plume Terms.

10.2 Disclaimers.

Except as expressly stated in Section 10.1 and as set forth in the Addendum for Specific Jurisdictions at the end of these Plume Terms:

• THE PLUME SERVICES AND OTHER CONTENT AVAILABLE THROUGH THE PLUME SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.

• THE PLUME ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLUME SERVICES, INCLUDING:

  • ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND
  • ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

• THE PLUME ENTITIES DO NOT WARRANT THAT THE PLUME SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PLUME DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

PLUME MAKES NO WARRANTY OR REPRESENTATION THAT THE PLUME SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE ACCURATE OR RELIABLE OR THAT PLUME WILL CONTINUE TO OFFER THE PLUME SERVICES IN WHOLE OR IN PART.

TO THE EXTENT ANY WARRANTY CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF THAT WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the PLUME ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLUME SERVICES WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE PLUME TERMS. PLUME IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLUME SERVICES AND YOUR DEALING WITH ANY OTHER CUSTOMER OR USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLUME SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLUME SERVICES) OR ANY LOSS OF DATA, INCLUDING CUSTOMER AND USER CONTENT.

THE EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. PLUME DOES NOT DISCLAIM OR EXCLUDE ANY WARRANTY OR OTHER RIGHT THAT PLUME IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

To the extent any of the above exclusions and disclaimers conflict with applicable law, the scope and duration of the warranties applicable to the Plume Services will be the minimum permitted under that law.

11. LIMITATION OF LIABILITY

• PLEASE SEE THE ADDENDUM FOR SPECIFIC JURISDICTIONS AT THE END OF THESE PLUME TERMS TO LEARN MORE ABOUT WHAT LIMITATIONS OF LIABILITY APPLY TO YOU DEPENDING ON WHERE YOU RESIDE. EACH PROVISION OF THESE PLUME TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN PLUME AND CUSTOMER AND USERS UNDER THESE PLUME TERMS.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law: If you are a consumer, these Plume Terms shall be governed by, and any dispute relating to them shall be resolved under, the laws of the courts of your usual place of residence. Otherwise, these Plume Terms are governed by the laws of the State of California without regard to conflict of law principles.

12.2 ODR Platform: In the European Union, a consumer may resort to extra-judicial means to deal with complaints and claims. A platform for an EU-wide online dispute resolution system for disputes between consumers and businesses is available at http://ec.europa.eu/consumers/odr (ODR platform). The ODR platform is an interactive, multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract. Plume is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

13. GENERAL TERMS

13.1 Termination; Survival. You may terminate your account at any time by contacting Plume customer support here. Please see the Terms of Service for details about cancelling your Membership. Plume may, in its sole discretion, terminate or suspend your access to all or part of the Plume Services for any reason, including, without limitation, breach or assignment of these Plume Terms. The provisions of these Plume Terms will survive the termination of your account or access to all or part of the Plume Services.

13.2 Integration. These Plume Terms, together with the Service Specific Terms (as applicable), [Acceptable Use Policy](/legal/acceptable-use-policy) and any other terms expressly incorporated by reference into these Plume Terms, are the entire and exclusive understanding and agreement between you and Plume regarding your use of the Plume Services.

13.3 Privacy Policy. Please read the Plume Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. Nothing in these Plume Terms will supersede the promises made in the Plume Privacy Policy. Please contact [email protected]. Our data protection officer is available at [email protected].

13.4 Email Communications.The communications between you and Plume may use email. Except when as prohibited by applicable law, you (a) consent to receive communications about these Plume Terms from Plume in electronic form (email) at the email address you provide to us; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that Plume electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing.

13.5 Events outside Plume’s Control. Plume is not responsible for anybreach of these Plume Terms that is beyond Plume’s control, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labour dispute; flood, terrorist act; war; riot; theft; pandemic, epidemic, earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.

13.6 Other General Terms. You may not assign or transfer these Plume Terms or your rights under these Plume Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Plume may assign these Plume Terms at any time after reasonable notice but without consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Plume Terms, or any provision of these Plume Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Plume Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You and Plume are independent contractors in the performance of each part of these Plume Terms. Nothing in these Plume Terms is intended to create or shall be construed as creating an employer-employee relationship or a partnership, agency, joint venture, or franchise. You and Plume are and will be solely responsible for your/its respective employees and agents and respective labour costs and expenses arising in connection with those employees and agents. Use of section headers in these Plume Terms is for convenience only and will not have any impact on the interpretation of any provision.

HOW TO CONTACT PLUME
We understand that these Plume Terms contain a lot of information to read and understand. If you have questions, please feel free to reach out to us at https://support.plume.com/s/contactsupport?language=en_GB or by mail to [Plume Design, Inc., Attn: LEGAL, 325 Lytton Avenue, Palo Alto, CA 94301 [PLUME TO CONFIRM: or Plume Design d.o.o., Attn: Legal, Železna cesta 14, 1000 Ljubljana, Slovenia].

The prior versions of the terms and conditions applicable to the Plume Service are available .

ADDENDUM FOR SPECIFIC JURISDICTIONS

RESIDENTS OF BELGIUM, GERMANY AND THE UK

If you are notified of a change pursuant to Section 7, you have the right to terminate your contractual relationship with Plume.

Under applicable consumer law: If you are a consumer who has purchased Plume Products or a Membership, you have the legal right to withdraw from and cancel Membership without giving any reason within fourteen (14) days. Please see the Terms of Sale for complete details

Articles 5.3, 11.2, 12 and 14.5 are subject to the more favourable provisions of applicable local law and in particular the legal guarantees set forth below.

CONSUMERS IN BELGIUM

CONSUMERS IN GERMANY

Nothing in these Terms of Service shall restrict a consumer’s mandatory rights according to Sections 327 – 327s of the German Civil Code.

Sections 4 and 5.3 only apply to the extent you can be held liable for the respective actions according to the applicable German law standards.

The restriction of liability and waiver of rights in Section 5.3 does not apply to German Customers and Users. Instead, the following applies: We exclude our liability for slightly negligent breaches of duty, insofar as this does not affect damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act; furthermore, liability for the breach of obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely remains unaffected. The same applies to breaches of duty by our vicarious agents.

Further to Section 7.4, we will draw your attention to the consequences of your silence in the amendment offer. The fiction of consent does not apply to changes that affect the main performance obligations of the contract and the fees for main services, as well as to changes that are aimed at a payment from you, are equivalent to the conclusion of a new contract, or would significantly shift the previously agreed ratio of performance and consideration in our favour. If we make use of the fiction of consent, you may terminate the contract affected by the change without notice and free of charge before the proposed date of entry into force of the changes. We will specifically point this out to you in our amendment offer.

Sections 10 and 11 shall not apply. Instead, the following shall apply: If the Plume Services are defective the Consumer may

1. demand subsequent performance in accordance with § 327l German Civil Code,
2. terminate the contract in accordance with Section 327m par.1, 2, 4 and 5 German Civil Code or reduce the price in accordance with Section 327n German Civil Code and
3. demand compensation for damages in accordance with Section 280 par. 1 or Section 327m par. 3 German Civil Code or compensation for futile expenses in accordance with Section 284 German Civil Code.

RESIDENTS OF SWITZERLAND

Section 10 and Section 11: Any disclaimers or exclusion of liability caused by unlawful intent and gross negligence as well as for damages subject to the Swiss Product Liability Act and for bodily injury and death are not valid in Switzerland.

CONSUMERS IN THE UK

Despite any wording in these Plume Terms that may state otherwise, we are responsible for losses that you suffer which are caused by us breaking these Plume Terms, unless this loss is:

• Unexpected: This means that it was not obvious that it would happen and nothing you said to us before we accepted your order meant that we should have expected it (in law, the loss was “unforeseeable”).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in Section 13.5.
• Avoidable. Something that you could have avoided by taking reasonable action.
• A business loss. We are not liable or responsible for any loss you suffer in connection with your trade, business, craft or profession.

In relation to the Plume Services or other services that we provide to you, we will provide these with reasonable care and skill and in accordance with the information that we have provided to you. If we fail to meet these obligations, our liability to you will be limited to the amount that you have paid for them.