1. Your acceptance of the Terms of Service
These Terms of Service (the "Terms") describe your legal rights and responsibilities when using the mobile application and website provided by Plesion, Inc.
For the purposes of these Terms, both the mobile application and the website provided by Plesion, Inc. shall be referred to as the "App".
These Terms create a legal and binding agreement between you and Plesion, Inc. (“PLESION” or “we” or “us”).
These Terms govern your access to and use of the App, and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the App (collectively referred to as “Content”).
By using the App, you agree to be bound by these Terms. If you do not accept or agree with any part of these Terms, you must not access or use the App.
2. Who may use the App
You may use the App only if you agree to form a binding contract with PLESION and are not a person barred from receiving our services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use or access the App. If you are accepting these Terms and using the App on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
If you are between 13 and 18 years old, you represent and agree that you have the legal consent of your parent or guardian to access and use the App. If you are a parent or guardian of a minor who has registered for or used the App without your consent, please contact us at support@plesion.com.
3. Data Policy
Your access to and use of the App is also subject to PLESION's Data Policy. By accepting these Terms, you also confirm that you have reviewed and understand our Data Policy, and you acknowledge that any information shared by, or collected from or about you may be used by PLESION in accordance with our Data Policy, as it is updated or changed from time to time.
4. Content on the App
You are responsible for your use of the App and for any Content you provide, including compliance with applicable laws, rules, and regulations.
You should only provide Content that you are comfortable sharing with others.
You should not post Content that is offensive, insensitive, upsetting, intended to disgust, in exceptionally poor taste, or just plain creepy (collectively referred to as “Objectionable Content”). Examples of such Content include: defamatory, discriminatory, or mean-spirited Content, Content that encourages violence, overtly sexual or pornographic material.
There is no tolerance for Objectionable Content or abusive users on the App.
We reserve the right to terminate the accounts of abusive users and to remove Objectionable Content as well as Content that we have reason to believe violates applicable laws, rules, and regulations.
Any use or reliance on any Content or materials posted via the App or obtained by you through the App is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the App or endorse any opinions expressed via the App. You understand that by using the App, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the App and we cannot take responsibility for such Content.
We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting us at support@plesion.com.
5. Your rights and grant of rights in the Content
PLESION does not claim ownership of your Content. You retain your rights to any Content you submit, post or display on or through the App.
By submitting, posting or displaying Content on or through the App, you grant us a worldwide, non-exclusive, royalty-free and irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, translate, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for PLESION to provide, promote, and improve part or all of the App (and derivative works thereof) and to make Content submitted to or through the App available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services (including, without limitation, third party websites and feeds), subject to our terms and conditions for such Content use. Such additional uses by PLESION, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the App.
You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the App. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant PLESION the license described above.
6. Using the Services
You may use the software provided to you as part of the App (the “Services”) only in compliance with these Terms and all applicable laws, rules and regulations.
PLESION reserves the right to change, suspend, or discontinue all or any part of the App at any time without prior notice or liability. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the App, suspend or terminate users, and reclaim usernames without liability to you.
Making the App reliable means we need to fix bugs, install updates and do general diagnosis and maintenance. We do not guarantee that the App will be functioning at all times.
In consideration for PLESION granting you access to and use of the App, you agree that PLESION and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the App whether submitted by you or others.
You also agree not to misuse our App, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.
You agree not to: (a) take any action that imposes an unreasonable load on the App's infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted in the App, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the App, (d) delete or alter any material posted on the App by PLESION or any other person or entity.
You may not do any of the following while accessing or using the App: (i) access, tamper with, or use non-public areas of the App, PLESION’s computer systems, or the technical delivery systems of PLESION’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the App by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by PLESION (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with PLESION (NOTE: crawling the App is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the App without the prior consent of PLESION is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the App to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the App, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the App.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of PLESION, its users and the public. PLESION does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
7. Your account
To use the PLESION application, you will need to create an account by providing information such as your name, username and email address or your Facebook, Google or Apple log-in details.
You can control most communications from the App. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the App and your account, and you may not be able to opt-out from receiving them.
8. Account security
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Because you will be responsible for all activity that happens under your access credentials, you agree to use reasonable efforts to prevent unauthorised access to or use of your PLESION account, and to protect the confidentiality of your log-in information and of any device that you use to access the App. You agree to let us know immediately if there is a breach in secrecy of your log-in information by notifying us at: support@plesion.com. You will be solely responsible for any losses incurred by us and others due to any unauthorised use of your account.
9. Your license to use the Services
PLESION gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the App as provided by PLESION, in the manner permitted by these Terms.
10. Intellectual property
The App is protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the PLESION name or any of the PLESION trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the App (excluding Content provided by users) are and will remain the exclusive property of PLESION and its licensors. Any feedback, comments, or suggestions you may provide regarding PLESION, or the App is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The App contains material, including but not limited to software, text, graphics and images (collectively referred to as the "PLESION Material"). We may own the PLESION Material or portions of the PLESION Material may be made available to us through agreements that we have with third parties.
Unauthorised use of the PLESION Material may result in violation of copyright, trademark, and other laws. You have no rights in or to the PLESION Material, and you will not use, copy or display the PLESION Material except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original PLESION Material on any copy you make of the PLESION Material. You may not sell, transfer, assign, license, sublicense, or modify the PLESION Material or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the PLESION Material in any way for any public or commercial purpose. If you violate any part of these Terms, your right to access and/or use of the PLESION Material and App shall automatically terminate and you shall immediately destroy any copies you have made of the PLESION Material.
The trademarks, service marks, and logos of PLESION ("PLESION Trademarks") used and displayed in the App are registered and unregistered trademarks or service marks of PLESION. Other company, product, and service names located in the App may be trademarks or service marks owned by third parties ("Third-Party Trademarks", and, collectively with PLESION Trademarks, "Trademarks"). Nothing in the App or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the App without the prior written consent of PLESION specific for each such use. The Trademarks may not be used to disparage PLESION or the applicable third-party, PLESION's or third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. All goodwill generated from the use of any PLESION Trademark shall inure to PLESION's benefit.
11. Termination of these Terms
You may end your legal agreement with PLESION at any time by deactivating your account and discontinuing your use of the App.
PLESION reserves the right, in its sole discretion, to terminate these Terms or to restrict, suspend, or terminate your account or to cease providing you access to all or any part of the App, at any time for any or no reason without prior notice or liability including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us, (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the App to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the App, except that the following sections of the Terms will survive the termination or expiration of these Terms: 5, 10, 12, 13, 14 and 15.
12. Disclaimers and limitation of liability
Your access to and use of the App or any Content are at your own risk. You understand and agree that the App and Content are provided to you on an “as is” and “as available” basis. The “PLESION Parties” refers to PLESION, its officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, the PLESION Parties disclaim all warranties and conditions, whether expressed or implied, of merchantability, fitness for a particular purpose, or non-infrigement. The PLESION Parties make no warranty or representation and disclaim all responsibility and liability for: (i) the truth, accuracy, completeness, availability, timeliness, security or reliability of the App or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the App or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the App; and (iv) whether the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the PLESION Parties or through the App, will create any warranty or representation not expressly made herein.
To the greatest extent permitted by applicable law, the PLESION Parties shall not be liable for any action you may take, or any loss or injury you may suffer, or any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, or any damages whatsoever, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the App; or (iv) unauthorized access, use or alteration of your transmissions or Content. The limitations of this subsection shall apply whether based on warranty, contract, statute, tort (including negligence), or any other legal theory, and whether or not a PLESION Party has been advised of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13. Third-party websites
Hypertext links in the App may lead to websites that are not under, operated and/or controlled by PLESION. PLESION accepts no responsibility or liability in respect of the material on any website which is not operated and/or controlled by PLESION.
14. Indemnification
You agree to defend, indemnify, and hold harmless PLESION Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the PLESION Material, Content and/or the App. PLESION shall provide notice to you of any such claim, suit, or proceeding. PLESION reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting PLESION's defence of such matter.
15. Law and jurisdiction
These Terms and any disputes arising from or related to them will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions, and each party consents to the personal jurisdiction and venue of the state or federal courts located in Delaware.
16. Miscellaneous
You understand and agree that we may change these Terms at any time without prior notice. The revised Terms will become effective upon posting to the App. By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to stop accessing, browsing, and otherwise using the App.
If any provision of these Terms is found to be invalid by any court having 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. Failure of PLESION to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against PLESION unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by PLESION and you, these Terms constitute the entire agreement between you and PLESION with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sub-licensees.
If you have any questions about these Terms, please contact us at support@plesion.com.
These Terms take effect on October 15 2021.
