Plugg Terms of Service

Effective January 15, 2021

This Plugg Terms of Service (the “Terms” or the “Agreement”) is between you and Plugg, Inc (“Plugg”, “we” or “us”). These Terms of Service govern your access to and use of the services, software and websites (collectively, the “Service”, or the “Services”) provided by Plugg. By using or accessing the Service you agree to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “Customer”, “you” and “your” refer to that Organization. You can review the most current version of the Terms at any time at: https://www.plugg.co/terms-of-service.

This is a Contract

By creating an account, or otherwise visiting, using, accessing, downloading, installing, or purchasing our Services, you are agreeing to enter into a legally binding contract with Plugg. Please read these Terms carefully. If you do not agree to the Terms, you may not create an account, or otherwise visit, use, access, download, install, or purchase our Services.

1. Account Registration.

a.  You need to register for a Plugg account in order to access or use any Service. Any registration information that you provide to us must be true, accurate, current and complete. You also agree to maintain and promptly update the registration information to keep it true, accurate, current and complete. We may send notices, statements and other information to you by email or through your account. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account. You are also responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify Plugg of any unauthorized use of which you become aware. We reserve the right to refuse registration of or cancel passwords we deem inappropriate.

b.  You agree and acknowledge that your use of an email address associated with an entity or institution (collectively, an “Entity”) for the Services shall only be for, on behalf of, or in connection with your work or responsibilities for such Entity and not for personal use.  In the event that such Entity enters into an enterprise agreement for the Services, you acknowledge and agree that such Entity may request that we transfer any accounts using an email address associated with such Entity to such Entity.  You agree and acknowledge that, in the event of such a transfer (i) your use of the Services will be governed by the Entity’s enterprise agreement, and (ii) your User Content may be transferred to such Entity if required by such Entity.  Your Entity, and not Plugg, will decide and control the rights it may have over your User Content, and you may be subject to an agreement with your Entity that pertains to your use of the Services through an email address associated with such Entity.

c.  You must be over the age of 18 to register for an account and use the Services.

2. Restrictions. Customer will not, directly or indirectly: (a) reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; (b) modify, translate, or create derivative works based on the Services or any software; (c) reproduce, duplicate, copy, trade, sell, rent, lease, transfer, assign, sublicense or exploit for any commercial purposes the Services; (d) use the Services for time-sharing or service bureau purposes or otherwise for the benefit of a third party; or (e) remove any proprietary notices or labels. You may not access any Service for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes.

3. Access to Service. Subject to the terms and conditions of this Agreement, Plugg grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the applicable Subscription Term, as defined below. You acknowledge that our Services are online, subscription-based products and that we may make changes to the Services from time to time. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services.

4. Payment of Fees and Termination.

a.  You will pay Plugg the applicable fees for the Services (the “Fees”), plus any applicable sales, use, value-added, property, and other taxes withholdings, and similar charges based on or arising from this Agreement and your use of the Services, other than taxes on Plugg’s net income. 

b.  If your use of the Services exceeds the storage limit or service capacity you have purchased or otherwise requires the payment of additional fees, you shall be billed for such usage and you agree to pay the additional fees in the manner provided herein. Services are provided on a subscription basis for a set term corresponding to the subscription fee paid (each, a “Subscription Term”). 

c.  Subscriptions for the Services will automatically renew for periods equal to your initial Subscription Term (and you will be charged at the then-current rates) unless you request termination at least thirty (30) days prior to the end of the then-current term, or we terminate the Services. If you cancel the Services during a Subscription Term, your subscription will terminate at the end of then-current Subscription Term, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination. The subscription fee for the Services will be billed in advance at the beginning of your Subscription Term and on each renewal thereafter, unless and until you cancel the Services. We will automatically bill you each billing period on the calendar day corresponding to the commencement of the applicable Subscription Term. Except and to the extent required by applicable law, all fees and charges are nonrefundable, and there are no refunds or credits for partially used Subscription Terms. 

d.  We reserve the right to change the Fees or applicable charges and to institute new charges and Fees at the end of any Subscription Term. 

e.  We may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by us thirty (30) days after the mailing date of the invoice. 

f.  Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. 

5.  No-charge Services. We may offer certain Services, or features or components of the Services, to you at no charge, including free accounts, trial use, and access to Beta Versions as defined below (“No-Charge Services”). Your use of No-Charge Services is only permitted for the period designated by us. You may not use No-Charge Services for competitive analysis or similar purposes. We may terminate your right to use No-Charge Services at any time and for any reason in our sole discretion, without liability to you. You understand that any pre-release and beta products and services we make available (“Beta Versions”) are still under development, may be inoperable or incomplete, and are likely to contain more errors and bugs than generally-available Services. We make no promises that any Beta Versions will ever be made generally available. In some circumstances, we may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this section (No-Charge Services). All information regarding the characteristics, features or performance of Beta Versions constitutes Plugg’s Confidential Information. To the maximum extent permitted by applicable law, we disclaim all obligations and liabilities with respect to No-Charge Services, including any support and maintenance, warranty, and indemnity obligations.

6.  User Content. 

a.  “User Content” means any and all information, data, content, code, software, scripts, video, images, text, documents, music, sound, photos, graphics, messages, tags, interactive features, or other materials of any type that is uploaded, posted, submitted, emailed, stored or otherwise transmitted or made available to or through our Services. You will retain all right, title and interest in and to your User Content in the form provided to Plugg.  Some User Content is viewable by other users as designated by you.

b.  In order to display your User Content on the Services and allow others to see your User Content you hereby grant to Plugg a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify, translate, and create derivative works of your User Content, in each case solely to the extent necessary to provide the applicable Service to you and (b) for Services that enable you to share User Content or interact with other people, to distribute, publicly perform, and display User Content as you direct or enable through the Service. Plugg may also access your account or instance in order to respond to your support requests.

c.  Plugg shall have a non-exclusive, worldwide, royalty-free right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning User Content and data derived therefrom), and Plugg will be free (during and after the term hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Plugg offerings, and disclose such data solely in aggregate or other de-identified form in connection with its business.

d.  We may remove or delete your User Content thirty (30) days after the termination of your Subscription Term. 

e.  You agree and acknowledge that you may not include any personally identifiable information of any individual in your User Content without the prior written consent of that individual.

7.  Acceptable Use Policy.  You must ensure that your use of the Service and all your User Content is at all times compliant with our Acceptable Use Policy and all applicable local, state, federal and international laws and regulations. You acknowledge that Plugg does not screen User Content, but that Plugg and its designees shall have the right (but not the obligation) in their sole discretion to screen, refuse, move or remove any User Content that is available via the Service. Under no circumstances will Plugg be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Service. You will defend, indemnify and hold harmless Plugg from and against any loss, cost, liability or damage, including attorneys’ fees, for which Plugg becomes liable arising from or relating to any claim relating to your User Content, including but not limited to any claim brought by a third party alleging that your User Content, or your use of the Service in breach of these Terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law.

8.  Privacy Policy and Your Privacy Choices.  We may need to collect and process certain personal data from our users to provide the Services. Plugg’s practices related to processing of individual personal data is described in our Privacy Policy. We encourage you to review the terms of our Privacy Policy and your privacy choices before using our Services. When you interact directly with others while using our Services, you should be cautious about the personal information you decide to share with them. We do not control what others choose to do with any personal information they obtain from users while using our Services, and we cannot be responsible for such use.

9.  Security. Plugg implements security procedures to help protect User Content from security attacks. However, you understand that use of the Service necessarily involves transmission of your User Content over networks that are not owned, operated or controlled by us, and we are not responsible for any loss, alteration, interception, or storage of your User Content across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of your User Content will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.

10.  Modification of the Service. Plugg reserves the right at any time, in its sole discretion, with or without notice, to modify or discontinue, temporarily or permanently, the Services. We may add or remove functionalities or features, and we may suspend or stop a particular Service altogether, in our sole discretion and with or without notice.  Plugg is not required to improve the Services or fix any errors, bugs, or other deficiencies.

11.  Ownership. 

a.  Services are made available on a limited license or access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale.” You acknowledge and agree that the Service and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property rights and other laws.

b.  Plugg has and retains all right, title or interest, including all intellectual property rights, in and to the Services (including all No-Charge Services), their “look and feel, any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for Plugg. 

c.  The Plugg and Plugg logo trademarks and service marks and other Plugg logos and product and service names are trademarks of Plugg and you may not use them for any purpose without the prior written approval of Plugg.

d.  From time to time, you may choose to submit comments, feedback, suggestions, information, questions, data, ideas, description of processes, or other information regarding the Service (collectively, “Feedback”) to Plugg.  The provision of Feedback is entirely voluntary and we will be free to use, copy, disclose, license, distribute and exploit such Feedback in any manner as we see fit and without any obligation to you.

e.  Use of Plugg’s CommaJS software is subject to a separate end user license agreement.  You may not download, install, copy, access or use such software unless you have agreed to such end user license agreement.

12.  Confidentiality. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business that is marked or designated as confidential at the time of disclosure (hereinafter referred to as “Confidential Information” of the Disclosing Party). Notwithstanding the foregoing, all technology, features, functionality, inventions, trade secrets, know-how, business and product plans, pricing, performance information, and any other confidential and proprietary information related to and underlying the Services shall be deemed to be the Confidential Information of Plugg without the need to further designate the same as confidential at the time of disclosure. The Receiving Party agrees: (a) to take reasonable precautions to protect the Disclosing Party’s Confidential Information, and (b) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information to the extent that the Receiving Party can document that such information (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Confidential Information of the Disclosing Party.

13.  Copyright Policy. It is our policy to respect the copyright and intellectual property rights of others. We may remove User Content that appears to infringe the copyright or other intellectual property rights of others. In addition, we may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Plugg complies with the Digital Millennium Copyright Act (“DMCA”). If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please complete the following DMCA Notice and deliver it to our Designated Copyright Agent at the address provided below. You must provide the following information in writing in your DMCA Notice:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

    2. A description of the copyrighted work that you claim has been infringed.

    3. A description of where the material that you claim is infringing is located on our website.

    4. Your address, telephone number, and email address.

    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

    6. A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Deliver the DMCA Notice, with the above information completed, to our Designated Copyright Agent at: Plugg, Inc., Attn: DMCA Notice, 100 Pine St., Ste. 1250, San Francisco, CA 94111

14.  WARRANTY DISCLAIMER. 

a.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT AS SPECIFICALLY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND (b) THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLUGG AND ITS LICENSORS (COLLECTIVELY, THE “PLUGG PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN ADDITION, THERE IS NO WARRANTY THAT ACCESS TO THE SERVICES OR THE USER CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL MEET YOUR NEEDS, THAT USER CONTENT WILL NOT BE LOST OR CORRUPTED, OR THAT THE SERVICES ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

b.  The Service is controlled, operated and hosted from within the U.S. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

15.  LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLUGG OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES OR FOR LOST PROFITS, LOST INCOME OR REVENUE, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, WHETHER OR NOT PLUGG WAS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL PLUGG OR ITS LICENSORS’ TOTAL LIABILITY TO YOU UNDER THESE TERMS FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR $20, WHICHEVER IS GREATER.

IN ADDITION, PLUGG AND ITS LICENSORS DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY OTHER USERS AND THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST PLUGG AND ITS LICENSORS FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

THIS LIMITATION OF LIABILITY IS A PART OF THE BARGAIN BETWEEN YOU AND PLUGG, AND PLUGG WOULD NOT HAVE ENTERED INTO THIS AGREEMENT OR PROVIDED THE SERVICES TO YOU WITHOUT THIS LIMITATION OF LIABILITY.

16.  Indemnity. Except and to the extent required by applicable law, you agree to defend, indemnify and hold Plugg harmless from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) made by any third party due to or arising out of, or in connection with, (a) Your User Content, (b) your use or access of the Service, (c) your connection to the Service, (d) your violation of these Terms or applicable law, (e) your violation of any rights of another, and (f) any taxes arising in connection with your purchase or use of the Service in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.

17.  Export Law.  Use of Services as well as select User Content may be subject to export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Services and User Content covered by these laws may not be exported or re-exported (1) into any U.S. Embargoed Countries or Territories; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in, or a national of, a U.S. embargoed country or territory and that you are not on any government sanctions or watch list.

You agree that you will not (i) use the Services or User Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons, or (ii) distribute the Services or User Content to any third party who you know or have reason to suspect will use them for any purpose prohibited by United States law.

18.  General Provisions. 

a.  We may update or modify this Agreement from time to time, including any referenced policies and other documents. 

b.  Plugg may provide you with notices, including those regarding modifications to this Agreement, via email or through your account. Any notice under these Terms must be given in writing. Our notices to you will be deemed given upon the first business day after we send it. You may provide notice to us by post to Plugg Inc., Attn: General Counsel, 100 Pine St., Ste. 1250, San Francisco, CA 94111. Your notices to us will be deemed given upon our receipt. 

c.  These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer and assign any of the rights and obligations under these Terms without consent. 

d.  As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation. If you are an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Products, or any related documentation of any kind, including technical data and manuals, is restricted by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. 

e.  This Agreement is the entire agreement between you and Plugg relating to the Services and supersedes all prior and contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by this Agreement. 

f.  If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 

g.  This Agreement may not be modified or amended by you without our written agreement (which may be withheld in our sole discretion). 

h.  A waiver of any right, power or privilege hereunder shall only be enforceable if in writing and signed by the waiving party. 

i.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Plugg in any respect whatsoever. 

j.  All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, limitations of liability, dispute resolution, indemnity, ownership, restrictions, and general provision.

k.  These Terms will be governed by the laws of the State of California, without regard to its conflict of laws principles.

l.  In the event of a dispute related to the Services or this Agreement, you agree to use good faith efforts to resolve such dispute amicably with Plugg for fifteen (15) days prior to seeking other remedies.

m.  Plugg shall not be liable or responsible to you, nor be deemed to be in breach of this Agreement, for any failure or delay in providing any Service when such failure or delay is caused by or results from causes beyond Plugg’s reasonable control, such as: (a) acts of God; (b) flood, fire, earthquake, epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e)  embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond Plugg’s reasonable control.  Plugg will give you prompt written notice in the event of the occurrence of such an event.  

19.  Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Plugg Privacy Policy

Effective January 15, 2021

1.  Introduction.  Plugg, Inc. (“Plugg”, “we”, “us” and/or “our”) takes your privacy seriously.  This Privacy Policy (the “Policy”) describes our practices regarding the collection, use and disclosure of the personal information we collect from and about you when you use our services, applications, websites, and software (collectively, the “Service” or “the “Services”). By accessing or using the Service, you agree to this Policy, our Terms of Service, and our Acceptable Use Policy. This Policy will apply with respect to your use of our Services, whether you are a registered user or not. 

2.  Purpose.  This Policy applies to our Services that link to or reference this Policy.  This Policy describes how we collect, use, share, and otherwise process Personal Date, as defined below, and the choices available to you regarding” (1) how we collect, use, and access your Personal Data; and (2) how to confirm your Personal Data is updated, corrected, and/or deleted.  Additional terms and information about our Personal Data handling practices may be provided in offer descriptions, supplement statements, or contract terms, or notices provided prior to or at the time of information collection.   

3.  Definition of Personal Data.  “Personal Data” is any information that can be used to identify an individual, and may include, but is not limited to, for example, name, address, email address, phone number, login information (account number, password), marketing preferences, social media account information, IP addresses, location data (if combined with other identifiers), personal identification numbers (passport numbers, social security numbers, etc.), photos, video footage with your likeness, audio recordings, payment card number, criminal record, educational and professional records, and any form of biometric, health, genetic, racial, ethnic, religion, political affiliation, gender-based, sexual preference, age-related, or other identifying personal data. If we link other data with your personal information, we will treat that linked data as Personal Data. We may also, from time to time, collect Personal Data from trusted third-party sources and engage third parties to collect Personal Data to assist us. 

Our Services may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages (such as Facebook, Twitter and LinkedIn), are governed by third parties’ privacy statements, which we encourage you to review to better understand those third parties’ privacy practices. We have no control over such third parties’ privacy statements or practices. 

Plugg acts as a “data controller” as that term is defined in the EU General Data Protection Regulation (“GDPR”)). For more information on the GDPR, please go to  https://gdpr-info.eu/. 

4.  User Content.  Users are able to create, input, submit, post, upload, transmit, store or display content and data in the process of using our Service (the “User Content”).  We recommend that you do not include Personal Data in your User Content, and we are not responsible for maintaining the security or confidentiality of any Personal Data you include in the User Content.  

5.  Information we collect and receive. We may collect and receive a variety information, including Personal Data, about you and your company when you register for an account; create or modify your account profile; or use, access, or interact with our Services. This information includes: 

a. Personal Data you provide to us, such as your name, email address, mailing address, phone number, username, password, profile photo, job title, business information, as well as any optional information that you elect to associate with your account. 

b.  Billing information such as credit card details, billing address and phone number you provide to us, if you are a user of our paid service 

c. Log files  are automatically recorded when you use the Services. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, mobile carrier, date and time stamp information, information about your browser configuration and plug-ins, language preferences, cookie data and other such information. Log files help us to monitor, analyze, improve and maintain the Service and to diagnose and fix any Service-related issues. 

d.  Usage information about how you are accessing and using the Services, which may include administrative and support communications with us and information about the people, features, content, and links you interact with, and what third party integrations you use (if any). 

e.  Information about the device you are using the Services on, including what type of device it is, what operating system you are using, device settings, application IDs, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. 

6.  How we use your information. We may access and use your Personal Data and other information for the following purposes: 

a.  To provide the Services to you; 

b.  To manage your account and maintain our business operations; 

c.  To identify you as a user and allow you to access the Services; 

d.  To prevent or address service, security, technical issues or at your request in connection with customer support matters; 

e.  To communicate with you, and to respond to and track your requests.  

f.  To send you administrative emails and messages pertaining to the Services.  

g.  To inform you about changes in our Services, our Service offerings, and important Service related notices, such as security and fraud notices.  

h.  To keep track of billing and payments. 

i.  To understand, analyze, monitor, maintain and improve our Services.  

j.  To detect, investigate, and prevent illegal or non-compliant activities; 

k.  To address our compliance and legal obligations and exercise our legal rights; 

l.  To contact you, from time to time, to solicit feedback or provide secondary fraud protection; and 

m.  To send you marketing and advertising information about new Services, or other news about Plugg.  Please see Section 12 (Your rights and choices regarding your Personal Data) below to find out how you can control our processing of your Personal Data. 

7.  Sharing of Personal Data with Third Parties. This section discusses how Plugg may share Personal Data and other information.  In general, we may share your Personal Data with third parties for the purposes of operating our business, delivering, improving and customizing our Services, sending marketing and other communications related to our business, and for other legitimate  purposes permitted by applicable law or otherwise with your consent.  We may share Personal Data in the following ways: 

a.  Access by your system administrator or employer. You should be aware that the administrator of your instance of the Services may be able to: (i) access information in and about your Services account; (ii) access communications history, including file attachments, for your Services account; (iii) disclose, restrict, or access Personal Data and other information that you have provided or that is made available to you when using your Services account, including your User Content; (iv) control how your Plugg account may be accessed or deleted. We may also share your information with the business or company associated with your account. 

b.  Other users with whom you interact on the Service. The Service is designed for users to post and share content, collaborate, and communicate with one another. Your information will be shared with other users you chose to interact with on the Service. If you are accessing the Service because you were invited by a Plugg user, please remember that your information is subject to this Policy and may be also subject to the Plugg user’s own privacy policies and practices. 

c.  Third party service providers and agents. We may utilize trusted third party service providers to assist us in delivering, improving, protecting and promoting our Service. For example, we may use third parties to provide website, application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us. These service providers may have access to your information for the limited purpose of providing the service we have contracted with them to provide. 

d.  In an Aggregate and Non-Personally Identifiable Manner. We may disclose or use aggregate or de-identified information that cannot reasonably be used to identify you for any purpose. For example, we may share aggregated or de-identified information with our partners or others for business or research purposes. 

e.  During changes to our business structure. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Plugg's assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence). 

f.  To comply with applicable laws. To comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process. 

g.  To enforce our rights, prevent fraud and for safety. To protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud. 

h.   Any other use with your consent.  For any other purpose when we notify you and you consent to the sharing. 

8.  Exclusions. This Policy  applies to any Personal Data collected by Plugg through the Service. This Policy does not apply to any information that we do not directly solicit from you that you provide to Plugg through the Service or through any other means. This includes, but is not limited to, information posted to any public areas of the Service or our website (such as comments or information posted in discussion forums), information provided through social media platforms, and other unsolicited submissions.  

9.  Invitations. When you invite someone to connect with you on Plugg or join Plugg’s Services, we send them an invitation to join our Service and request that they provide to us with certain additional contact information including their email addresses. When you use such a service, you represent and warrant to us that you have an existing business or personal relationship with the recipient of your invitation sufficient to avoid liability under any law that applies to unsolicited email. You will be deemed to be the sender of any such email (or other electronic communication) and we will be deemed to merely be a service provider facilitating your sending of the email (or other electronic communication). 

10.  Security. While we take reasonable efforts to guard your Personal Data and other information, no security system is impenetrable and no Internet or email transmission is ever fully secure or error free. We cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. 

11.  Children’s information. Plugg Services are not directed to children under 18. We do not knowingly collect personal information from children under 18. If we become aware that we have collected personal information from a child under age 18, we take steps to remove that information. If you become aware that a child has provided us with personal information, please contact us. 

12.  Your rights and choices regarding your Personal Data.   

Plugg encourages you to keep your Personal Data accurate and current. In addition, you have the right to ask us not to process your Personal Data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, clicking the unsubscribe button on any communication we have sent to you, or by contacting us. Please note that some of our Services may require our legitimate collection, storage and use of your Personal Data, and such Services may not be available if you are unwilling to provide the necessary Personal Data. 

Where you have consented to allow us to use your Personal Data, you can withdraw that consent at any time. If the information we hold about you is inaccurate or incomplete, you can notify us and ask us to correct or supplement it. You may request that we erase that Personal Data or cease processing it, subject to certain exceptions. You also have the right, with some exceptions and qualifications, to ask us to provide a copy of any Personal Data we hold about you. 

You may also request information about: (i) the purpose of the processing; (ii) the categories of Personal Data concerned; (iii) who else other than Plugg might have received the Personal Data; (iv) what the source of the information was (if you didn’t provide it directly to us); and (v) how long it will be stored. 

Where you have provided your Personal Data to us and it is processed by automated means, you may be able to request that we provide it to you in a structured, machine readable format. 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to enable us to deal with your request or to speed up our response. 

Reasonable access to a record of your Personal Data will be provided at no cost on request made via privacy@plugg.com.  We may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive; alternatively, we may refuse to comply with your request(s) in these circumstances. If access cannot be provided within a reasonable time frame, we will provide you with an estimated date when a record of the Personal Data will be provided. If for some reason we cannot supply you with a record of the Personal Data we have collected, used, and/or stored, we will provide an explanation as to why we cannot provide the record. 

If you have a complaint about how we have handled your Personal Data, you may be able to ask us to restrict how we use it while your complaint is resolved. In some circumstances you can ask us to delete your Personal Data: 

  • by withdrawing your consent for us to use it; 

  • if it is no longer necessary for us to use your Personal Data; 

  • if you object to the use of your Personal Data and we do not have a good reason to continue to use it; or 

  • if we have not handled your Personal Data in accordance with our obligations. 

13.  Retention of Personal Data.  We will retain your Personal Data for the period required to fulfill the purposes for which it has been collected. These purposes may include the need to fulfill various commercial and legal requirements. Key requirements driving the need for collection, analysis and storage of Personal Data may include, for example: 

  • Business strategy; 

  • Current and prospective customer outreach; 

  • Resource planning; 

  • Legal compliance; 

  • Financial reporting; 

  • Dispute resolution; and/or 

  • Asset protection and agreement enforcement. 

Your Personal Data is stored by Plugg on servers of the cloud-based database management services we engage, located primarily in the United States. Unless you request otherwise, we will retain data for the duration of your business relationship with us or for as long as is required by law. For more information on where and how long your Personal Data is stored, please contact us at legal@plugg.co. 

14.  Changes to this Privacy Policy.  By using the Services, you agree to the terms and conditions contained in this Policy and Terms of Service and/or any other agreement that we might have with you. If you do not agree to any of these terms and conditions, you should not use our Services.  We may revise this Policy from time to time. If we make any material changes to the way we intend to use your Personal Data, we will notify you by prominently posting the changes on the Services. Changes will be effective no later than thirty (30) days following notification. You are responsible for making certain that we have your current email address on file. If the email address we have on file is invalid, our dispatch of the email to your last known email address along with posting the notice of material Policy changes on our Services will constitute effective notice of the changes. If you do not wish to permit the changes in the use of your Personal Data, you must notify us prior to the effective date of the changes. Continued use of our Services following notice will indicate your acknowledgement of, and agreement to be bound by, the changes until such time as you notify us you would like to deactivate your account and/or have your Personal Data deleted as set forth in the “How to Contact Us” section of this Policy. 

15.  California Privacy Rights.  The California Consumer Privacy Act (CCPA) requires businesses to disclose whether they sell Personal Data. As a business covered by the CCPA, we do not sell Personal Data.  We may share Personal Data with third parties or allow them to collect Personal Data from our Services if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Data, or if you use our Services to interact with third parties or direct us to disclose your Personal Data to third parties. 

California law requires that we detail the categories of Personal Data that we share or disclose for certain “business purposes,” such as disclosures to service providers that assist us with securing our services or marketing our Products. We disclose the following categories of Personal Data for our business purposes: 

  • Identifiers; 

  • Commercial information; 

  • Internet activity information; 

  • Financial information; 

  • Professional and employment-related information; 

  • Education information; and 

  • Inferences drawn from any of the above information categories. 

California law grants state residents certain rights, including the rights to access specific types of Personal Data, to learn how we process Personal Data, to request deletion of Personal Data, and not to be denied goods or services for exercising these rights. 

For information on how to exercise your rights, please refer to Section 13 (Your Rights and Choices Regarding Your Personal Data) of this Policy. If you are an authorized agent wishing to exercise rights on behalf of a California resident, please contact us using the information in the “How to Contact Us” section below and provide us with a copy of the consumer’s written authorization designating you as their agent. 

We may need to verify your identity and place of residence before completing your CCPA rights request. 

16.  Nevada residents 

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A, as applicable, may submit a request to this designated address: privacy@plugg.co. 

 17.  How to Contact Us. Please contact us if you have any questions about this Policy or how your information is collected, used and stored. You may contact us at legal@plugg.co or at our mailing address below: 
 
Plugg Inc.  

100 Pine St., Ste. 1250 

San Francisco, CA 94111 

If you wish to engage your rights to access, correct, modify, or delete your Personal Data, please contact our technology team at privacy@plugg.co. 

 If you want to report a suspected breach of your Personal Data, please contact us at legal@plugg.co. 

 18.  Cookies Statement.    

 a.  General.  Plugg takes your privacy very seriously, including your activities in browsing Plugg owned or controlled websites and mobile application(s) we may make available from time to time(collectively, “Sites”).  Our Sites use cookies and similar technologies for various purposes including to distinguish you from other users of our Sites. By continuing to use our Sites, you agree to this Cookies Statement. Cookies are small amounts of data that are stored on your computer or device when you visit a Site. Cookies don’t tell us who you are, but they do enable us to recognize your device and, where you have made various preferences or actions, they enable us to remember them. Your computer reaches us via a particular IP (Internet Protocol) address and indicates where you are connecting from and what service provider you are using; this IP address is considered Personal Data. More general information about cookies and how they work is available at  www.allaboutcookies.org. Plugg is not responsible for third parties’ cookies. 

 b. What Cookies Does Plugg Collect, and How Do You Use Them?  Cookies do lots of different jobs, like letting you navigate between web pages efficiently, remembering your preferences, and generally improving your experience on our Sites. They can also help to ensure that advertisements and content you see online are more relevant to you and your interests. 

The cookies used on the Sites have been categorized based on function. Here are the main types of cookies we use, and why we use them: 

  • Essential Cookies: These cookies are necessary in order to enable you to move around our Sites and use their features, such as accessing secure areas of our Sites. Without these cookie services, you may not have access to services you have asked for. 

  • Performance Cookies: These cookies collect information about how you use our Sites. For example, they tell us which pages you visit most often, and if you receive any error messages from our web pages. These cookies do not identify you. All information they collect is aggregated and is, therefore, anonymous. We use these cookies to measure and analyze how our customers use our Sites and to improve their functionality and the user experience. 

  • Functionality Cookies: These cookies allow our Sites to remember choices you make (such as your username, language, or the region you’re in) and provide enhanced, personalized features). These cookies can also be used to remember changes you have made to customizable parts of our Sites. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites. 

  • Targeting Cookies: These cookies are used to deliver marketing and communications more relevant to you and your interests. 

 c. Managing Cookies.  We may, from time to time, partner with a third party to manage advertising on our Sites. Our third-party partner may use technologies such as cookies to gather information about your activities on the Sites in order to provide you advertising based upon your browsing activities and interests. 

Where our Sites include links to other websites, the privacy practices may differ from our own. If you submit Personal Data to any of those other websites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit. 

Our site may also include social media features, such as the LinkedIn, Facebook and Twitter buttons and widgets, or interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social Media features and widgets are either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy statement of the company providing it. 

 Most web browsers allow some control of most types of cookies through the browser settings. To find out more about cookies,  including how to see what cookies have been set and how to manage and delete them, visit  www.aboutcookies.org or  www.allaboutcookies.org. If you are located in the European Economic Area (EEA), visit  https://www.youronlinechoices.com for guidance in multiple languages regarding how to manage and delete advertising cookies. Please note that these reference sites are not owned, managed, or controlled in any way by Plugg, and that visiting these sites will not constitute an opt-out of cookie collection and storage for the Sites. 

 To opt out of being tracked by Google Analytics across all websites, visit  https://tools.google.com/dlpage/gaoptout. 

 We also use the information collected via cookies to maintain and upgrade our systems. Our technical staff may require periodic access to services data to monitor system performance, test systems, and develop and implement upgrades to systems. This services data will generally not include your Personal Data. Any temporary copies of services data created as a necessary part of this process are only maintained for time periods relevant to those purposes. 

 d. Changes to our Cookies Statement.  We may change this Cookies Statement from time to time. If we make changes, we will notify you by revising the date at the top of the Policy, and in some cases by adding notices on our homepage or other Sites or sending you email updates. 

e. Contact Us.   

If you have any questions about our Cookies Statement you can contact us at privacy@plugg.co. 

Plugg Acceptable Use Policy

Effective January 15, 2021

This Acceptable Use Policy sets out a list of unacceptable conduct for our Services. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access. This policy may change from time to time, so please check back regularly for updates and changes.  Capitalized terms used herein but not defined shall have the definitions set forth in the Plugg Terms of Service. 

In this Acceptable Use Policy, the term “User Content” means: any information, data, content, code, software, scripts, video, images, text, documents, , music, sound, photos, graphics, messages, tags, interactive features, or other materials that you upload, post, submit, email, store or otherwise transmit or make available through the Services. 

You may not: 

  • use the Services to upload, post, submit, email, store or otherwise transmit or make available any User Content that is deceptive, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 

  • use the Services for child pornography, sex trafficking, or in any other manner that harms minors in any way; 

  • include another person’s contact information or personally identifiable information in your User Content without such other person’s consent; 

  • use the Services in any manner that violates any applicable local, state, national or international law; 

  • permit any unauthorized third party to access or use a username or password for the Services; 

  • share, transfer or otherwise provide access to an account designated for you to a third party; 

  • use the Services to store or transmit any User Content that may infringe upon or misappropriate someone else's trademark, copyright, or other intellectual property rights; 

  • upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other malware or harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of Plugg or any third party; 

  • attempt to reverse-engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services any third party use of the Services, or any third party User Content and data contained therein (except to the extent such restrictions are prohibited by applicable law); 

  • attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services; 

  • access the Services in order to build a similar or competitive product or service or copy any components, features, functions, or graphics of the Services; 

  • impersonate any person or entity, including, but not limited to, an employee of ours, or any user, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity; 

  • use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) in violation of United States export law and regulations; 

  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk); 

  • send unsolicited communications, promotions or advertisements, or spam; 

  • place any advertisements within a Plugg client; 

  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"; 

  • sublicense, resell, timeshare or similarly exploit the Services; 

  • use contact or other user information obtained from the Services (including email addresses) to contact users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for use outside of the Services; or 

  • authorize, permit, enable, induce or encourage any third party to do any of the above. 

Contact us. Please feel free to contact us if you have any questions about Plugg’s Acceptable Use Policy. You may contact us at legal@plugg.co or at our mailing address below: 

Plugg Inc.

100 Pine St., Ste. 1250 

San Francisco, CA 94111