Plexure Chatbot Platform Terms of Service
Last Modified: July 14, 2016; Effective from: July 1, 2016.
Plexure ("Plexure", "we", "our", or "us") provides an online software platform (the "Plexure Platform") that enables developers and other users to build, host, and deploy natural language conversational agents (“Chatbot(s)”) for devices and software applications.
These Terms of Service (these "Terms") include the legal terms that we require all developers and other users to accept and implement as a condition of accessing our web services and other websites owned and/or operated by Plexure. (the "Website(s)"), and/or accessing or using the application programming interfaces provided on or in connection with the Plexure Platform ("API(s)"), including any documentation, materials, code, data, files and other information or materials made available to you by Plexure on or in connection with the APIs (collectively, "Plexure Content") to develop Chatbots for use in your products or devices (“Devices”) and/or your software applications ("Application(s)").
The Plexure Platform includes a sandbox environment and developer portal designed to allow you to access, upload, download, edit, create, store, and interpret files and data in connection with building, hosting, and deploying your Chatbot(s). Data may include analytics and logs, which may include “Inputs” to, and “Outputs” from, your Chatbot(s) (“Logs”). "Inputs" are typically text inputs, whether typed or converted from speech utterance or spoken phrase to text, by an individual sent from your Application to Plexure servers for processing; "Outputs" are the responses returned to your Application by the Plexure Platform.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Plexure reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below.
BY USING OR CONTINUING TO USE THE PLEXURE APIS OR BY CLICKING "Sign Up" YOU AGREE TO USE THE PLEXURE APIS AND OTHER PLEXURE CONTENT SOLELY IN ACCORDANCE WITH THESE TERMS OF SERVICE, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THESE TERMS. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE PLEXURE APIS, OTHER PLEXURE CONTENT, OR THE PLEXURE PLATFORM ON BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND THAT THESE TERMS ARE FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM "YOU" WILL REFER TO YOU AND SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE APIS OR OTHER PLEXURE CONTENT.
1 Accounts and Registration
2 Use of Plexure Content
5 Privacy and Security
7 Ownership and License
9 Branding and Attribution
11 No Warranties
12 LIMITATION OF LIABILITY
14 Other Legal Terms and Conditions
1 Accounts and Registration
i You need to use a current Plexure account or create a new Plexure account in order to use the APIs and other Plexure Content.
ii You may use the Plexure Content and/or Plexure Platform only if you can form a binding contract with Plexure, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
iii Any use or access to the Website(s), APIs, or Plexure Platform by anyone under 13 is strictly prohibited and in violation of these Terms.
iv You must be a human. Accounts registered by “bots”(!) or other automated methods are not permitted.
v You are solely responsible for the activity that occurs on your account, including, without limitation, any Customer Data and Account Information (each as defined below) provided under or through your account.
vi You may create a Plexure account using some existing account credentials or via other registration methods we may provide from time to time, in our sole discretion. By connecting to the Plexure Platform with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. It is your responsibility to keep your password, account credentials, and accounts secure. You must notify Plexure immediately if any unauthorized use, or suspected unauthorized use, of your Plexure account occurs or if any other breach of security occurs.
vii You may never use another user’s account without permission. Your login may only be used by one person. A single login shared by multiple individuals is not permitted.
viii You acknowledge that Plexure is not liable for any loss or damage arising from your failure to comply with the above requirements.
i You may be required to provide certain information (e.g., your contact details, description of your product or service, your company name, your credit card details, etc., collectively, “Account Information”) as part of the registration process to access the Plexure Content, or as part of your continued use of the Plexure Content.
ii You agree that any registration information you give to Plexure will always be accurate and up to date, and you agree to promptly notify Plexure of any changes in your Account Information.
2 Use of Plexure Content
a Right to Access and Use of Plexure Content.Subject to these Terms, Plexure grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Plexure Content and Plexure Platform, solely to the extent necessary for you to host and create chatbot(s) that operate solely in connection with your Devices and/or Applications.
b Permitted Access.You will access (or attempt to access) an API or other Plexure Content only as expressly permitted by these Terms and the means described by Plexure in the documentation, instructions, or features available based on Your Usage (as defined below).
c API Calls.Plexure may set limits on the number of API calls that you can make at its sole discretion, for example in the interest of service stability, or, without limiting the foregoing, in accordance with limits based on your free or paid subscription usage (“Your Usage”) of the Plexure Platform. Plexure may throttle your activity or cease offering you access to the APIs altogether in Plexure’s sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.
d Fees.Fees, API limits, and access to other features may vary depending on Your Usage. The limits, features, and fees owed for each available paid plan (“Subscription Plan(s)”) are available from Plexure and are subject to change without notice. Overage rates may be capped, and are subject to change without notice. You acknowledge and agree to pay all fees, as due, for the full-term of the subscription, regardless of whether the subscription is cancelled prior to expiration or termination of these Terms. No refunds will be given for any reason, including, but not limited to, unused Services, regardless of whether the subscription is cancelled prior to expiration or termination of these Terms. You must provide Plexure notice of any billing issues or disputes within sixty (60) days after they first appear on the statement you receive from your bank, credit card company, or other billing company. Failure to notify Plexure of any billing issues within the sixty (60) day period will result in your acceptance of the charges and you waive the right to dispute such charges. Failure to pay fully and promptly may result in the deactivation of your account until payment is successfully received.
e Open Source Software.Some of the software offered by or included in the Plexure Content may be offered under an open source license. There may be provisions in the open source license that expressly override some of these Terms, and in those cases, the overriding provisions apply.
f Accuracy.We do not guarantee the accuracy of any Plexure Content, including any output generated in connection with your use of the Plexure Content or Plexure Platform. You acknowledge and agree that you use and rely on the Plexure Content and the Plexure Platform at your own risk, and that Plexure will not be liable for any errors or inaccuracies of any Plexure Content or the Plexure Platform.
g Monitoring.Plexure may, but is under no obligation to, monitor the use of the Plexure Content to ensure quality, improve Plexure products and services, or verify your compliance with these Terms. You will not interfere with such monitoring.
h Compliance with Law.You will use our APIs and other Plexure Content and the Plexure Platform only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs or other Plexure Content to encourage or promote illegal or dangerous activity. You also will require any end users of your Devices or Applications ("End Users") to comply with any applicable law and these Terms. You will not knowingly enable your End Users to violate applicable law or these Terms.
When using any Plexure Content and/or the Plexure Platform, unless otherwise approved in writing by Plexure, the following prohibitions apply:
a You will not use the APIs or other Plexure Content on behalf of any third party, unless such third party has expressly authorized you to access and use the Plexure Content under its account.
b You will not copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the Website(s), APIs, other Plexure Content, or the Plexure Platform.
c You will not create an Application that functions substantially the same as the APIs or other Plexure Content and offer it for use by third parties.
d You will not use the Plexure Content or Plexure Platform in connection with any Device or Application that is targeted to children under the age of thirteen (13).
e You will not use the Plexure Content or Plexure Platform in connection with providing any adult entertainment oriented or otherwise pornographic services.
f You will not perform an action with the intent of introducing to the Website(s), Plexure Content, or Plexure Platform or the applications or products of any third party, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
g You will not use the Plexure Content or Plexure Platform, or access or control any customer accounts, products, devices, or applications in a manner that could cause harm, damage, or loss to any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or encourage any third party to do so.
h You will not use the APIs, other Plexure Content, or the Plexure Platform in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Plexure' sole discretion) to Plexure, its service providers, its suppliers, end users of the Plexure Platform, End Users, or any individual or entity.
i You will not use the APIs, other Plexure Content, or the Plexure Platform in connection with any inherently dangerous objects, devices, materials, or situations, or in furtherance of any activities likely to cause harm to any individual or property.
j You will not: (i) interfere with or disrupt the Website(s), Plexure Platform, the APIs, or the servers or networks providing the APIs; (ii) tamper with the security of the any of the hardware, software or networks used by Plexure to make the Website(s), Plexure Content, or Plexure Platform available or tamper with any customer accounts; (iii) disable, circumvent or avoid any security device, mechanism, protocol or procedure established by Plexure; or (iv) permit others to do any of the foregoing.
Plexure reserves the right to investigate any Device or Application for compliance with these Terms. Such investigations may include Plexure accessing and using your Device or Application, for example to identify stability or security issues that could affect Plexure or its customers. You consent to any such investigation. Plexure may immediately suspend or terminate access to the Website(s), APIs, other Plexure Content, and the Plexure Platform by you or your Device or Application without notice if we believe, in our sole discretion, that you are in violation of these Terms or otherwise.
5 Privacy and Security
c Security.We care about the integrity and security of your Customer Data and personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Plexure Content, the Plexure Platform, or any authorized or unauthorized use of your Device or Application.
We respect content owner rights; it is Plexure’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"), as provided in our DMCA Policy.
7 Ownership and License
a Your Chatbots, Devices, Applications, and Customer Data.Plexure does not acquire ownership of your Chatbots, Devices, Applications, or Customer Data by your use of the APIs or other Plexure Content. You represent and warrant that you have the necessary rights to provide all Customer Data, including without limitation, End User Data and Account Information, and other information you make available in connection with your use of the Plexure Content and/or the Plexure Platform and to grant all rights and licenses under these Terms. Without limiting the foregoing, if you are using the Plexure Content or Plexure Platform on behalf of your employer or any third party, you represent and warrant that your employer or such third party has expressly authorized you to make available and use any content, data, or information that you use or make available in connection with your use of the Plexure Content and/or Plexure Platform. You further represent and warrant that your Customer Data (including, without limitation, End User Data and Account Information), Applications, and/or Devices, and any use thereof in connection with the Plexure Content or Plexure Platform will not violate the rights of any third party, including but not limited to, intellectual property rights, trade secret rights or other proprietary rights, or rights of privacy, or violate any applicable laws, rules, or regulations.
c Plexure Content and Plexure Platform.By using our Website(s), APIs, other Plexure Content, or Plexure Platform, you do not acquire ownership of any rights in our Website(s), APIs, other Plexure Content, the Plexure Platform, or any data, content or information that is transmitted or accessed through our APIs, including without limitation, any Libraries, Chatbots, Logs, or other data provided by Plexure or other Plexure users. Except for your Customer Data, as between you and Plexure, the Plexure Content, the Plexure Platform, and all data, content, and information that is contained in or transmitted or accessed through our APIs and/or the Plexure Platform, including, without limitation, software, Libraries, Chatbots, machine learning models, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and data belonging to other users, and all intellectual property rights related thereto, are the exclusive property of Plexure and its licensors.
d Feedback.If we receive any feedback, suggestions, ideas, reports, or other information relating to any Plexure Content or any Plexure products or services, we may use such information without obligation to you.
e Restrictions; Retained Rights.The Website(s), Plexure Content, and Plexure Platform are protected by United States intellectual property laws, including without limitation copyright laws, and international treaty provisions. You will not remove or alter any proprietary notices or marks on any Plexure Content or the Plexure Platform. You will not reverse engineer or attempt to extract the source code from any API, other Plexure Content, the Plexure Platform, or any related software, except to the extent that this restriction is expressly prohibited by applicable law. You also will not sublicense, lease, rent, loan, distribute, sell, transfer or make available the APIs or other Plexure Content or the Plexure Platform to any third party except as specifically permitted by these Terms. Plexure Content is licensed and not sold. Plexure reserves all rights not expressly granted in these Terms.
8 Updates We reserve the right to modify or update the Website(s), Plexure Content and/or Plexure Platform at any time, for any reason, and without notice to you. If Plexure makes updates, revisions, breaking changes or in any way modifies an API or other Plexure Content, you agree that you are solely responsible for making changes to your Device or Application to ensure continued service for your End Users. We are constantly changing and improving our APIs and other Plexure Content. We may add or remove functionalities or features at our discretion, for any reason, and we do not guarantee that your Device or Application will function with any future or modified versions of any Plexure Content or the Plexure Platform.
9 Branding and Attribution
a Plexure Brand.Except where expressly stated, these Terms do not grant either party any right, title or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, "Marks").
b Attribution.You agree to display any attribution(s) required by Plexure as described in any documentation for the APIs or other Plexure Content. Plexure grants to you a limited, freely revocable, nontransferable, nonsublicenseable, nonexclusive license during the term of your subscription to display Plexure’s Marks solely for the purpose of promoting or advertising your use of the APIs and other Plexure Content. You must only use the Plexure Marks in accordance with these Terms. You understand and agree that Plexure has the sole discretion to determine whether your attribution(s) and use of Plexure’s Marks is in accordance with the above requirements and any applicable guidelines.
c Publicity.You will not make any statement regarding your use of an API that suggests partnership with, sponsorship by or endorsement by Plexure without Plexure’s prior written approval.
d Promotional and Marketing Use.In the course of promoting, marketing, or demonstrating the APIs you are using, Plexure may produce and distribute incidental depictions, including screenshots or other content from your Application or Device, and may use your company or product name and logos. You hereby grant Plexure all necessary rights for these purposes.
a Termination.You may change Your Plan or stop using our APIs and other Plexure Content at any time. If you want to terminate your account and these Terms, you must email us at [email protected] and inform us of your intention to cancel your account ("Termination Notice"). You may download a copy of your Chatbot(s), i.e., AIML and Other Files, through the available online interfaces at any time prior to cancelling or deleting your account. Subject to the post-termination obligations and the surviving provisions set forth in these Terms, upon our written acknowledgement of our receipt of your Termination Notice, these Terms will terminate. Plexure has the right to immediately terminate these Terms or discontinue your use of the Website(s), Plexure Platform, the APIs and other Plexure Content or any portion or feature thereof for any reason and at any time without liability or other obligation to you. Upon any termination or expiration of these Terms or discontinuation of your access to any Plexure Content, you must immediately cease all use of the Plexure Platform, any Plexure Content (including the APIs), and Plexure Marks and delete all copies thereof.
b Surviving Provisions.When these Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 3 – 8, 9A, 9C, 9D, 10B, and 11 - 14.
11 No Warranties
THE PLEXURE CONTENT AND PLEXURE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE PLEXURE CONTENT AND PLEXURE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLEXURE CONTENT AND PLEXURE PLATFORM ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WITH OR THROUGH THE PLEXURE CONTENT OR PLEXURE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PLEXURE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE PLEXURE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PLEXURE CONTENT OR PLEXURE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE PLEXURE CONTENT OR PLEXURE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLEXURE CONTENT OR PLEXURE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLEXURE CONTENT OR PLEXURE PLATFORM IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PLEXURE CONTENT OR PLEXURE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA AND YOUR FILES, AND MUST NOT RELY ON US TO STORE, BACKUP, OR MAKE AVAILABLE TO YOU YOUR DATA OR YOUR FILES, INCLUDING BUT NOT LIMITED TO LOGS, AIML AND OTHER FILES.FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLEXURE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PLEXURE CONTENT OR PLEXURE PLATFORM. UNDER NO CIRCUMSTANCES WILL PLEXURE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLEXURE CONTENT OR PLEXURE PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLEXURE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE PLEXURE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLEXURE CONTENT OR PLEXURE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLEXURE CONTENT OR PLEXURE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLEXURE CONTENT OR PLEXURE PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY PLEXURE CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY PLEXURE CONTENT OR OTHER CONTENT OR DATA TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE PLEXURE PLATFORM; AND/OR (VII) CUSTOMER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PLEXURE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PLEXURE HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $9.00, WHICHEVER IS GREATER.THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PLEXURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.In using the Plexure Content and Plexure Platform, you must design and test your Devices and Applications to ensure that your Devices and Applications do not present risks of personal injury or death, property damage, or other losses. You must implement all reasonable security measures to ensure that no third party may gain unauthorized access to the Plexure Platform or Plexure Content. If you choose to use the Plexure Content or Plexure Platform in any way, you assume all risk that your use of the Plexure Content or Plexure Platform causes any damage, harm, injury, or loss, including without limitation to any End Users or other individuals or property. You agree that you are solely responsible for any damage, harm, injury, or loss arising from or relating to your Device or Application or your use of any Plexure Content or the Plexure Platform, and you agree to hold us harmless from all such damage, harm, injury, or loss.
You agree to defend, indemnify and hold harmless Plexure and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use of and access to the Plexure Content (including the APIs) or Plexure Platform, including any data or content transmitted or received by you; (ii) your violation or alleged violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) any violation of any third-party right, including without limitation any right of privacy or intellectual property rights, by you, your Customer Data, Device, or Application, or any use thereof; (iv) your violation of any applicable law, rule or regulation; (v) any of your Customer Data or any that is transmitted via your account; (vi) any personal injury or property damage arising from or relating to your use of the Plexure Content or Plexure Platform or any authorized or unauthorized use of your Device or Application; or (vii) any other party’s access and use of the Plexure Content or Plexure Platform with your unique username, password or other appropriate security code.
14 Other Legal Terms and Conditions
a Independent Development.These Terms do not impair Plexure’s right to develop, manufacture, purchase, use or market, directly or indirectly, alone or with others, products or services competitive with those offered by you.
b Confidential Information.Our communications to you may contain Plexure confidential information. If you receive any materials or communications that are clearly confidential or marked confidential, then you will not disclose the Plexure confidential information to any third party without Plexure’s prior written consent.
c Notifications and Modification.Plexure may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Plexure in our sole discretion. Plexure reserves the right to determine the form and means of providing notifications to our users. Plexure is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Plexure may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Plexure Content or Plexure Platform after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or any future Terms of Service, do not use or access (or continue to access) the Plexure Content or Plexure Platform.
d HIPPA Compliance. You understand and agree that the Plexure Platform is not HIPPA compliant and such compliance is not expected to be included within the Services unless otherwise agreed in writing.
e Governing Law.These Terms shall be governed by the laws of New Zealand.
f Arbitration.For any dispute with Plexure, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Plexure has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration. The arbitration will be conducted in New Zealand, unless you and Plexure agree otherwise. Nothing in this Section shall be deemed as preventing Plexure from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
g General Legal Terms.These Terms control the relationship between Plexure and you. They do not create any third party beneficiary rights. Any use, reproduction, release, performance, display or disclosure of the Plexure Content or Plexure Platform and any accompanying documentation will be governed solely by the terms and conditions of these Terms and is prohibited except to the extent expressly permitted by the terms and conditions of these Terms. No waiver of any term of these Terms shall constitute a further or continuing waiver of such term or any other term, and Plexure’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Plexure without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms, together with any amendments and any additional agreements you may enter into with Plexure in connection with the Plexure Content or Plexure Platform, shall constitute the entire agreement between you and Plexure concerning the Plexure Content and Plexure Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
h Contact.Please contact us at [email protected] with any questions regarding these Terms.
1 INFORMATION WE COLLECT
2 SHARING PERSONAL INFORMATION WITH THIRD PARTIES
3 YOUR CHOICES REGARDING YOUR INFORMATION
4 SECURITY AND STORAGE OF INFORMATION
5 PERSONS UNDER THE AGE OF 13
6 LINKS TO THIRD PARTY WEBSITES
7 UPDATES TO THIS POLICY
8 CONTACTING US
9 LAST REVISION DATE
1 INFORMATION WE COLLECT
Generally. We collect personal information from our users in order to provide you with a personalized, useful and efficient experience. The categories of information we collect can include:
• Information you provide to Plexure’s website(s). We may collect and store personal information you provide to our Service when you register for an account or provide to us in some other manner, including your name, email address, phone number, user name and password, when you register for our Service, request a demo or contact us for information about our Service. If we provide forums, blogs or bulletins that allow for user-generated content, we may also collect and retain personal information that you provide in relation to such content. We may also collect any communications between you and Plexure, as well as any information you provide if you take part in any interactive features of the Service (e.g., games, contests, promotions, surveys, etc.).
• Information we receive from social networking sites. When you interact with our site through various social media, such as when you login through Facebook, Twitter, Google, or Yahoo, or interact with us on Facebook, Twitter, or Github, we may receive information from the social network including your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.
We use this information to operate, maintain, and provide to you the features and functionality of the Service, to process your requests, to operate, maintain, analyze and improve our site and Service, and to communicate directly with you and offer products and services to you. We may also send you Service-related emails or messages (e.g., account verification, payment confirmations, change or updates to features of the Service, technical and security notices).
3 SECURITY AND STORAGE OF INFORMATION
4 LINKS TO THIRD PARTY WEBSITES
The Service may contain links to and from third party websites of our business partners, advertisers, and social media sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.
5 UPDATES TO THIS POLICY
We reserve the right to modify this Policy from time to time.
6 CONTACTING US
If you have questions about this Policy, please contact us at [email protected].
Plexure may also at its sole discretion limit access to the Plexure Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.