PLUGR

Terms of Use for Our Entire Platform

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Effective Date: February 5, 2025

Greetings from Plugr! It gives us great pleasure to provide you the services listed below for your own amusement and pleasure, subject to these Terms of Use ("Terms"). Please read these terms carefully, taking a moment to do so.

We wanted to draw your attention to a topic you will learn more about later as a preliminary matter. We at Plugr anticipate that any problems you may encounter while using our services can be fixed by our excellent customer support staff, who can be reached through our email info@plugr.life. Please be aware that these terms require individual arbitration rather than jury trials or class actions in the unlikely event that a dispute between us cannot be settled. Furthermore, THESE TERMS SPECIFICALLY SET FORTH AVAILABLE REMEDIES FOR YOU. FOR MORE INFORMATION, PLEASE VIEW SECTIONS 11 AND 13.

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS

Users of Plugr, LLC's ("Plugr," "we," "us", “our,” and “us” refer to Plugr Watch, LLC. “Plugr” refers to this platform and the services offered by us, including the Plugr iOS app, the Plugr Android app, Plugr APIs, Plugr embeds, www.plugr.life and Plugr’s other websites. By using Plugr, you agree to these terms and to the other policies we post, including the Privacy Policy, Community Guidelines and Benefit Guidelines. Please read them carefully and let us know if you have any questions.) online video service can choose from a variety of live and on-demand programming options, including movies, TV series, clips, and other content (collectively, the "Content"). We refer to our video service, the Content, our player for watching the Content (the "Video Player"), and any other goods, features, equipment, supplies, or other services (including third-party branded services) that Plugr occasionally offers via a range of Access Points (described below) as the "Services." The term "Access Points" refers to the various locations where any Services are accessible, such as the plugr.life website (the "Plugr Site"), applications, and websites and applications of Plugr's third-party distribution partners. It also includes other websites where users or website operators have the authorization to embed the Video Player or have obtained another license. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy and our Cookie Policy. We collect, use, and share information in accordance with those policies.

The Terms, which incorporate by reference our Privacy Policy available at plugr.com/privacy ("Privacy Policy") and any end user license agreement that may accompany the appropriate Service, must be followed to use the Services (including access to the Content). Thus, you acknowledge and agree to these Terms by accessing or using any of the Services through any Access Point (such as by going to the Plugr Site or downloading and opening the Plugr application). Please be aware that your access to and use of a service may be subject to additional terms and limits unique to that service if you subscribe to one that is made available through a third-party website or application.
Note that not all of the Access Points may allow you to use the website addresses (also known as URLs) that are part of these Terms as hyperlinks.

You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised. You can learn more about security in our Security Policy.

2. Changes to these Terms

These Terms may need to be modified from time to time for a variety of reasons. For instance, modifications to the laws or revisions to the way the Services are provided may need to be reflected. These Terms are available at plugr.com/terms on the Plugr Site, and you should review them frequently. We will post a notice on the Plugr Site to advise you of any major changes we make to these Terms. We will also send an email to the email address you most recently gave us before the material change went into effect, if you are a registered user. Any significant modification to these terms will take effect automatically thirty days after they are first posted online, or, if users register or give consent in any other way during this thirty-day period, at the moment of consent or registration, as appropriate.

3. Access and Use of the Services

3.1 Age Limitations

The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 18, you are not permitted to register with Plugr or provide your personal information to Plugr.

3.1a Abusive conduct

Everything that happens on your account is your responsibility. Your account may be terminated by us if you break any of our terms or conditions. Avoid engaging in any illegal activity, mistreating people, abusing Plugr in a technical capacity, or accidentally taking advantage of Plugr in a way that harms us, such as utilizing Plugr as a platform for storage. We could be at risk if you are a creator making money on Plugr because of what you do with those monies. Consequently, we might potentially examine your activities outside of Plugr. The Security Policy and Community Guidelines contain more thorough information. The majority of issues are covered by these terms and rules, but we reserve the right to take legal action if you discover a novel and inventive way to harm Plugr or our community.

3.2 Ownership and License

All rights to the Services are held and retained by Plugr, and Plugr and its content programmers are the owners or controllers of the Content. In addition, copyright, trademark, and other intellectual property laws safeguard the Services and the Content. Having said that, Plugr is happy to provide you with a non-exclusive limited license to use the Services for personal, non-commercial purposes as specified in these Terms, including accessing and viewing the Content through the Video Player on a streaming-only basis. The length of time you have to access each piece of content will change depending on your subscription's conditions and the content's availability for certain privileges. You will receive an explanation of the Services' features, Content offerings, and usage guidelines either during the sign-up process or in other materials that are made available to you.

3.3 Profiles

Depending on the rights availability of each piece of content and the terms of your membership, there will be different times during which you can see it. You will get information about the Services, including content offerings, features, and usage guidelines, when you sign up or through other materials that may be made accessible to you.

3.4 The Content

1. Usage Rules and Limitations

It is prohibited for you to remove, alter, circumvent, avoid, interfere with, or use any software, device, internet site, web-based service, or other means to do so. This also includes any digital rights management system, device, or other content protection or access control measure linked to the Content, including geo-filtering mechanisms. Copyright, trademark, or other proprietary notices marked on the Content. To be clear, when using the Services, you are not permitted to use any device or method that hides or distorts your location. Unless specifically allowed by the terms of your subscription or otherwise by Plugr in writing, you may not copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content directly or through the use of any device, software, internet site, web-based service, or other means. Unless Plugr specifically grants permission in writing, you are not allowed to embed the Content, stream or retransmit the Content via any hardware or software program, or make the Content available via frames or in-line links. Additionally, unless Plugr gives permission, you are not permitted to develop, duplicate, distribute, or advertise an index of any substantial portion of the Content. You are not permitted to create a profit-making or non-profit business using the Content. All text, images, layouts, interfaces, logos, photos, audio and video files, and stills are all considered Content under these constraints. Furthermore, unless Plugr specifically grants you permission in writing, you are strictly forbidden from producing derivative works or materials that in any other way are derived from or based on the Content. This includes merchandise, wallpaper, desktop themes, greeting cards, montages, mash-ups, and similar videos. This restriction is in effect even if you plan to provide the derivative materials for free.

2. Content Subjectivity

Different people tend to react to content in different ways. It's possible that you'll come across something that offends you or is explicit, indecent, or disagreeable. Furthermore, Plugr can not promise that you will agree with the content kinds, genres, categories, and descriptions; they are only recommendations meant to aid in navigation. You understand these hazards.

3. Content Quality

Plugr makes use of a number of technologies to provide you the best possible viewing experience. Having said that, a number of factors, including the format of the content, your location, the speed and capacity of your internet service, and the devices utilized, may have an impact on the quality of the content, including resolution. The availability of HD and 4K Ultra HD for compatible content is contingent upon your device's capabilities and internet service provider. Your location, internet speed, the quantity of devices connecting to the same network at once, the Content you have chosen, and the setup of the device you are using are some of the variables that affect how long it takes you to start playing Content. Plugr is therefore unable to provide any guarantees of any kind regarding the Content in these regards.

4. Content Presentation

We want you to get the most out of our services, which includes finding and enjoying new content with ease. Promotional videos (such as trailers or previews) may appear before and after Content that you view on all Services in order to facilitate that process. Please be aware that nothing you see, including legal and medical programs, should be taken as advice. It's also crucial to keep in mind that certain content may involve patterns or sequences of flashing lights, which may be irritating to people who have photosensitive epilepsy or other photo sensitivities.

5. Temporary Downloads

We are aware that occasionally you might not have access to the internet at the time you want to watch your preferred content. Plugr may allow you to temporarily download specific Content on specific Compatible Devices so that you can watch it while you are offline ("Temporary Downloads"), depending on the Service to which you subscribe. Naturally, there are some restrictions that could alter at any time. These include: (i) the maximum number of devices on which Temporary Downloads can be stored; (ii) the maximum number of Temporary Downloads that can be stored simultaneously across Compatible Devices; (iii) the duration for which Temporary Downloads are accessible to you; and (iv) playback restrictions based on location and device.

6. Location Access

Distribution of content could be restricted to specific regions. We might thus employ various tools and techniques to confirm your precise location. For instance, in order to watch specific Content made accessible through some Services or to access certain Services, you might need to allow location access on your Compatible Device.

7. Additional Content

We might occasionally provide you the option to see Content that isn't part of the service you are currently subscribed to. For instance, certain live content may be available to Plugr's on-demand streaming service customers. This extra content is made available by Plugr on a promotional basis; it is entirely up to Plugr to decide whether or not to make it available, who is eligible to watch it, and what credentials are needed to access it. For the sake of clarity, you might need to grant location access for such content, and it might also include adverts.

3.5 Live TV Service
  • Plugr offers a variety of Services that give users access to various kinds of content. One possible option is to sign up for a service that offers live TV together with additional relevant content, such as on-demand programming ("Live TV Service"). Please be aware of the following if the Live TV service is part of your subscription:
  • ​Home. As part of the registration process for the Live TV Service, be sure to select a domestic, non-mobile internet network as your "Home" location. Which streams are deemed "in-home" or "out-of-home," in accordance with your service's standards, will be decided using your home. Additionally, you should use your mobile device to access Plugr from your home location once per 30 days, or at any other interval, in order to maintain uninterrupted Live TV service.
  • Regional Sports Networks and Local Affiliates. Even if you use the Services from a location other than your Home, your Home will control your access to any regional sports networks. The location of your device at the moment you access the Services will determine whether you have access to live Content from local affiliates, if any.
  • Advertisements. The terms of one service won't affect those of another if you subscribe to more than one. For instance, you will continue to see adverts when streaming content from the Live TV Service if you have subscriptions to both the Live TV Service and another service that offers content on-demand free of ads.
  • Live Content Restrictions. Your location, blackouts, or device-specific restrictions imposed by sports leagues and other content rights holders may make some live content, including sporting events, unavailable.
  • Cloud DVR. You might be able to record live TV content to your cloud DVR using Plugr. Plugr might also impose storage capacity and duration limits on how long you can keep your recordings saved on your cloud DVR and accessible to you. Even if your subscription or access to any of the networks or channels included in a service is renewed or resumed, you might not have access to recordings you've already made if it is canceled, suspended, interrupted, or otherwise discontinued. Regretfully, Plugr cannot ensure flawless recording, storage, or playback. Except from using the cloud DVR that Plugr has made available to you, you are not permitted to record, copy, store, or distribute any Content. Only the uses that are permitted by copyright and other applicable laws are permitted for your cloud DVR.
3.6 The Video Player

Any part of the Video Player, its underlying technology, any device, digital rights management system, or other content protection or access control measure integrated into the Video Player may not be altered, improved, removed, tampered with, or in any other way changed. This restriction prohibits using any method to disable, reverse engineer, alter, tamper with, or otherwise get around the Video Player so that users can't access the Content without: (i) the Video Player being clearly visible, as well as all surrounding elements (such as the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is situated; (ii) having complete access to all Video Player functionality, including all interactive, optional, or click-through advertising functionality as well as all video quality and display functionality.

3.7 Embedding a Video Using the Video Player

If Plugr has included an embed option for videos on the Services, you can use the Video Player to embed those videos as long as you don't use it on any website or other place that (i) hosts or contains content that is illegal, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal activity, violates any law, rule, or regulation, infringes any third party's rights, including intellectual property rights, or is otherwise inappropriate or objectionable to Plugr (at its sole discretion); or (ii) links to illegal or infringing material (collectively, "Unsuitable Material"). Not even for non-commercial use, may you include the Video Player into any hardware or software program. Any website or other location that Plugr deems inappropriate or objectionable may not have its embedding permitted (as assessed by Plugr in its sole discretion).

3.8 Compatible Devices

You must use a computer, mobile device, streaming media player, or other device that satisfies the system and compatibility criteria that we may from time to time specify in order to access the Services (each, a "Compatible Device"). For the most recent list of Compatible Devices, please email info@plugr.life. Please be aware that compatible devices could differ depending on the service and might have additional requirements. Certain devices might be able to stream other types of content, but they might not be able to stream anything from the Live TV service. The features and functions that we offer via the Services may also vary depending on the terms of your subscription and the Compatible Device. The third party that provides the Compatible Device to you will be a third-party beneficiary of these Terms even though they are not a party, provided that you use it to access the Services.

3.9 Simultaneous Streams

Depending on the service, you may be able to view a different number of concurrent streams of content, and account and device authentication may be necessary. For the most recent details on the number of concurrent streams of content that are permitted under the terms of your service, please visit our Help Center at plugr.com/help. "Out-of-home" streams are those that you stream via a connection to a cellular or Wi-Fi network outside of your home, while "in-home" streams are those that you stream through your home internet service, when applicable to your service.

3.10 Internet Service and Data Usage

You need to have a high-speed broadband, wireless, or comparable internet connection from an internet service provider that satisfies particular technical requirements in order to access the Services. Please be aware that additional internet bandwidth may be needed for HD and 4K Ultra HD content, as well as numerous simultaneous streaming. Any fees related to your internet provider that you use to access the Services are your responsibility. Depending on the specifics of your contract with your internet service provider, using the Services may contribute to your data usage.

Our Responsibilities
  • We must all abide by the same traffic laws in order to maintain the Services accessible and safe for everyone to use. You acknowledge that you will abide by all limitations stated in these Terms, including using the Services in a manner that: breaches any third party's intellectual property rights, such as a patent, trademark, trade secret, copyright, privacy, or publicity; utilizes technology or other methods to gain unauthorized access to, index, frame, or link to the Services (including the Content)—including by deleting, turning off, avoiding, or getting around any access control or content protection measures meant to stop illegal downloads, stream captures, linking, framing, reproductions, access to, or distribution of the Services; entails using any automated method to access the Services (including the Content), such as "robots," "spiders," or "offline readers" (apart from conducting individual searches on publicly accessible search engines for the exclusive purpose of, and only to the extent necessary for, creating publicly accessible search indices of the Services, excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • ​causes harm, renders inoperable, overloads, hinders, or obtains unauthorized access to the Services, encompassing Plugr's computer network, servers, or user accounts;
  • ​the act of eliminating, altering, disabling, blocking, hiding, or negatively affecting any advertisements associated with the Services (including the Content);
  • ​makes use of the Services to market or advertise services that Plugr has not specifically authorized in writing beforehand;
  • ​gathers data contrary to Plugr's privacy policies;
  • ​gathers user data with the intention of sending, enabling, or promoting unsolicited bulk or other messages;
  • ​encourages fraud by any means, including identity theft;
  • ​encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • ​defies these Terms or any other rules or regulations that Plugr may impose;
  • ​tries to do any of the aforementioned; or
  • ​interferes with another party's ability to use and enjoy the Services.
If Plugr determines or reasonably believes in its sole discretion that you have broken these Terms, broken any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason, we reserve the right to immediately terminate or restrict your account or your use of the Services, without notice or liability. Naturally, we would like to prevent such an ending; You undertake not to go around, avoid, or bypass any technical means we may employ to block or restrict your prohibited access to or use of the Services. We also reserve the right to pursue appropriate legal action against you. You understand that you will have harmed Plugr significantly, and that it will be very difficult to quantify how much.

3.11 Software Downloads

You might be informed that downloading software or other files or accepting extra terms and conditions is required in order to use some Services or access certain Content. They are hereby integrated into these Terms, unless these extra terms and conditions specify differently.

3.12 Modification/Suspension/Discontinuation

We retain the right to make changes to the Services on a regular basis. The Content's availability will fluctuate over time, as will the Access Points and Compatible Devices that allow users to access the Services. Plugr retains the right to change or eliminate any Access Points and Content that are made available to you via the Services, including certain shows, networks, and channels. Furthermore, you acknowledge that some Content and functionality that may be accessible through one Access Point or Compatible Device may not be accessible through another Access Point or Compatible Device for a variety of reasons, including limitations imposed by content programmers and other restrictions or considerations from third parties. Additionally, Plugr maintains the right to change any aspect or component of the Services, including plans, advertisements, product features and functionality, user interfaces, and promotional features. We may occasionally experiment with or otherwise provide specific features or other elements of the Services, such as promotional features, user interfaces, product features and functionality, plans, pricing, and advertisements, with respect to any or all of our users as part of our ongoing evaluation of the Services. You understand that Plugr has complete discretion to do so at any time and without prior warning. Although we strive not to, we reserve the right, at any time and without prior notice, to modify, suspend, or terminate, either temporarily or permanently, all or part of the Services (including the Content and the Compatible Devices that allow users to access the Services), with regard to any or all users. Additionally, you acknowledge that Plugr shall not be responsible for any changes, pauses, or cancellations made to the Services.

4. SUBSCRIPTIONS AND BILLING

4.1. Ongoing Subscription and Fees

Although we occasionally provide Content for free, using the Services costs money. We will charge your subscription in advance. Unless and until you cancel your subscription, your account may be suspended or terminated in accordance with these Terms, or your subscription will automatically renew on a recurrent basis for the duration of your membership. Plugr maintains the right to occasionally modify the details of your subscription, including the cost. These modifications take effect at the start of the following Billing Period after the date of the change. We won't be able to notify you of changes in any applicable taxes, but we will provide you with early notification of these changes.

4.2 Payment Method

You must supply a credit card or another payment method that Plugr accepts, as updated from time to time ("Payment Method"), unless otherwise specified. For the duration of your subscription, we will periodically charge your Payment Method a subscription fee in addition to any relevant taxes. Any and all fees associated with your payment method are your exclusive responsibility. We will execute an authorization hold when you submit a Payment Method in an effort to confirm the data you supplied. With this authorization hold, there are no fees associated with it; nevertheless, your available balance or credit limit can be lowered. You can modify your Payment Method details by logging in to the Plugr Site and accessing your account details if you would want to use a different Payment Method than the one you selected when registering.

4.3 Billing Holds

We reserve the right to try invoicing your Payment Method again in the case that we are unable to charge it (for example, if it has expired). We shall automatically start charging you again for your membership to the Services if you or we (via our payment service providers) amend your Payment Method to address a change in validity or expiration date. Should we be unable to successfully charge a legitimate Payment Method, we reserve the right to suspend or terminate your access to the Services. In addition, you still owe money for any amounts you don't pay related to your subscription, such as arbitration or court expenses, reasonable attorneys' fees, bank overdraft fees, collection agency fees, and collection charges.

We might provide you with the option to temporarily suspend your subscription. In the event that you do not cancel before the pause time expires, billing will automatically restart.

4.4 Billing Period

"Billing" as used in these Terms refers to a charge or debit made against your Payment Method, as appropriate. When your free trial expires or your subscription begins, we will automatically charge your payment method. We will continue to do this on each subsequent recurring paying day. The amount of time that separates each recurrent payment date, or "Billing Period," is what determines how long your subscription will last. Charges for one or more Services may be prorated for any portion of a month of service, if appropriate. Go into your account details on the Plugr website and log in to check when your next recurring payment is due. You understand that there may be variations in the date and amount of your bills each Billing Period, such as if your subscription started on a day that wasn't in a particular month (for example, if you had a monthly subscription and started paying on January 31, your payment method would be billed on February 28). These variations could also be caused by free trials and other promotional offers, gift card redemptions, credits applied, or changes to your subscription or payment method.

4.5 Cancellation and Refunds

By signing into your Plugr account and following the directions on your account page on the Plugr Site, you can cancel your subscription. In the event that you purchase the Services from a third party, please refer to Section 4.9 for cancellation policies. To avoid being charged, you must cancel your membership by 11:59 p.m. Eastern time on the day before your next recurring billing period. You will still be able to use the Service after canceling your membership, unless otherwise specified, until the conclusion of your current Billing Period. You might not have ongoing access to your original Service, nevertheless, if you change your subscription to switch from one Service to another Service within your Billing Period. You will also lose any service, referral, and redeemed gift card credits if you cancel, even if you move your billing from Plugr to another company.

Refunds are not available for payments. You will not be credited for any partially utilized Service periods if you change, cancel, or otherwise terminate your account in accordance with these Terms. Under some conditions, Plugr might grant credits on an individual basis. Plugr has complete and exclusive control over the type, quantity, and provision of such credits.

4.6 Free Trials. 

Occasionally, free trials to a certain service may be available from us, subject to the terms specified at the time of sign-up. Your Plugr account page has information about your free trial available. Free trial eligibility is subject to change at Plugr 's discretion and may depend on a number of variables, such as the service you choose, the time since you last used a free trial, and whether the service is a part of a bundle. It's possible that there are restrictions on combining free trials with other deals.

It is crucial to realize that Plugr will not send you a notification informing you when your free trial has expired or when your monthly payment is due. On the final day of your free trial, you must cancel your subscription before midnight Eastern Time in order to prevent charges to your payment method. For consistency, a "day" for the purposes of these Terms starts at 12:00 a.m. Eastern Time and ends at 11:59 p.m. because the Services are provided in many time zones. Eastern time on the same date in the calendar. As stated in the "Cancellation and Refunds" section of these Terms, you are free to end your subscription at any moment. Cancelling your subscription while using a promotional coupon, other credits, or during a free trial may result in immediate termination.

4.7 Promotions

The specifics of any promotion (such as a bundled subscription, discounted price, or device-specific offer) that we provide to you will be revealed either during the sign-up process or in subsequent materials you receive. Unless you cancel before your promotion expires or as otherwise specified, we will bill your Payment Method for your membership at the then-current, non-promotional price when it ends.

4.8 Pay Per View and Other One-Time Purchase Events

In connection with the Services, we might sell one-time events. Certain events might be provided by a third party; in such case, you might have to use a third-party service to view the event and finish your purchase. At the time of purchase, you will be billed for these occurrences. To be clear, additional restrictions that were given to you during your purchase or in other materials that were made available to you might apply to such events.

4.9 Third-Party Billing 

If you want to have access to or be invoiced for the Services through a third party, you will have a direct billing relationship with that third party; further terms may apply; and the scope of the Service offerings may be restricted. You might have to use your account with such a third-party to manage your billing or to cancel or alter your subscription. You release Plugr from any liability relating to your purchase or use of goods or services obtained from third parties.

4.10 Plugr Gift Cards

Gift certificates that can be redeemed for qualified services may be made available by Plugr. Unless the rules of the special offer specifically state otherwise, Plugr gift cards cannot be used in conjunction with or in addition to any special offer. You can check the Plugr Gift Card Terms and Conditions at http://plugr.com/start/gifting_terms. These terms and conditions apply to the purchase and redemption of Plugr gift cards.

5. ACCOUNTS AND REGISTRATION

All activity on your account, including that of other household members, is your responsibility. You accept responsibility for making sure others abide by these Terms and for their actions when using the Services by granting them access to your account or the ability to establish profiles inside of it.

You must provide correct and current registration information. Please take great care to protect the security and privacy of your password since you are in charge of all account usage, including any illegal use by third parties. You won't have to disclose it to any Plugr agent. If you think there has been any unauthorized use of your account, please contact us using the customer support form available in our Help Center at plugr.com/help.plugr may offer the account holder certain rights, including the right to access information about and delete the account and all associated profiles. You may find information on how to exercise these rights by logging in on the Plugr Site and viewing your account details. Please note, you must first cancel your subscription before you will be able to delete your account. Please see the section "Cancellation and Refunds" above for instructions on how to cancel your subscription.

6. COLLECTION AND USE OF PERSONAL INFORMATION

Please read Plugr's Privacy Policy, which is accessible at plugr.com/privacy, for details on the company's policies and procedures governing the gathering and use of your information. By way of reference, the Privacy Policy is included in these Terms. Therefore, by accepting these Terms, you acknowledge that the Plugr Privacy Policy that is in force at the time of your use will apply to your presence on the Plugr Site and your use of the Services through any other Access Point or Compatible Device.

7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

7.1 Your Posts

Users may be able to publish, transmit, submit, or otherwise post reviews, comments, or other items (collectively, "Post") as part of the Services (collectively, "User Material"). You must abide by the guidelines listed below as well as any additional guidelines specific to any website hosted by Plugr in order to maintain the Services pleasurable for all of our users.

Please take great caution while selecting the user material you post. Please restrict your comments to User Content that is specifically related to the Services. Additionally, you are not permitted to Post User Material that: (i) contains Unsuitable Material (as described in Section 3 above); or (ii) falsely purports to be another person. Please be aware that every time you Post User Material on Plugr through a third-party service, like an email provider or social network, your first and last name or another user ID can be visible to the public. We recommend against posting any more personal information, such your email address, phone number, or street address, but if you do, proceed with caution.

Any User Material you Post must belong to its legitimate owner, or you must have first received their consent. You represent and warrant that you are the owner of the User Material or that you have the authority to grant Plugr the license stated below by uploading User Material. Additionally, you guarantee and indicate that posting your user-generated content does not infringe upon anybody else's rights, including those related to intellectual property, notoriety, or privacy. Furthermore, by posting user material, you also agree to pay any fees, royalties, or other amounts payable to any third party. If Plugr receives appropriate notification that any User Material violates the rights of another individual, we will delete it all. You understand that Plugr makes no guarantees regarding the privacy of any User Material. You do not give Plugr any ownership rights to any user-generated content you post. You must maintain all ownership rights that you had before Posting your User Material after Posting. By uploading your user-generated content, you give Plugr permission to use it for any purpose and on any platform or service in the world, including on or through any Access Point, for as long as it takes, in any media format and on any media channel that is currently in existence or that is later invented. This limited license also includes the ability to modify, delete from, add to, and create derivative works of the user-generated content. The license you give Plugr is fully paid, royalty-free (meaning Plugr won't have to pay you for using your User Material), sublicensable (allowing Plugr to use affiliates, subcontractors, and other partners, like internet content delivery networks, to provide the Services), non-exclusive (meaning we won't prevent you from licensing your User Material to anyone else in addition to Plugr), and fully paid. By uploading your user content, you also provide every user of the services a limited, non-exclusive license to view, use, display, reproduce, distribute, and perform the user content in accordance with these terms and the functionality of the services.

7.2 Third-Party Posts

Please be advised that some user-provided content may be harmful, illegal, inaccurate, or inappropriate despite these limits. No User Material is endorsed by Plugr, and any User Material posted does not represent Plugr's views or policies. As allowed by law, we have the right, but not the duty, to monitor User Material and to remove, limit, or block any User Material that we feel is inappropriate or for any other business purpose. You agree to forgo any legal or equitable rights or remedies you may have against Plugr with respect to any User Material, and Plugr disclaims all responsibility and liability for any such User Material. You can greatly assist us by sending an email to info@plugr.life with the subject line "Inappropriate User Material" reporting any inappropriate User Material you come across.

8. LINKED DESTINATIONS AND ADVERTISING

8.1 Third-Party Destinations

You should not assume that Plugr owns, manages, or is in any way associated with any other website or location from which we may give links or pointers. We won't notify you when you leave the Services and enter into the terms and conditions (including privacy policies) of another website or location when you click on a link within the Services. The way you use another website or location is not governed by these Terms.

Even if a website or destination links to the Plugr Site or is run by a business that is associated or otherwise linked with Plugr, Plugr is not liable for the policies or content of any website or destination that is not the Plugr Site. You understand and agree that by using the Services, Plugr will not be held accountable or liable to you for any content or other materials maintained and served from websites or locations other than the Plugr Site.

8.2 Third-Party Advertisements and Services

Plugr disclaims all liability for and does not support any third-party content or advertising posted on any Access Point where the Services are accessible. We also disclaim all liability regarding the goods and services that advertisers offer. You understand and agree that Plugr will not be responsible for any damage or claim you may have against an advertiser. Any interactions you have with advertisers while using the Services, such as via participating in interactive commercials, are between you and the advertiser. We encourage you to read the terms of use and privacy policies of the advertiser or other party collecting the information or conducting the transaction. If you provide any confidential or personal information or engage in any transaction through an advertisement, Plugr is not responsible for such information or transaction.

9. TRADEMARKS

Plugr is the owner of the trademarks Plugr, the Plugr logo, and other Plugr marks, images, logos, scripts, and sounds. No Plugr trademark may be downloaded, reproduced, or used for any other purpose.

10. UNSOLICITED SUBMISSIONS

Unsolicited submissions of any kind, including screenplays, story lines, articles, fan fiction, characters, pictures, facts, suggestions, ideas, or thoughts, are not accepted by Plugr. Any such submission will be removed by Plugr without being read. Consequently, any resemblance to any aspect of a Plugr creative product, such as a movie, series, narrative, title, or idea, that appears in an unsolicited contribution would be entirely accidental.

11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

USE OF THE SERVICES IS AT YOUR OWN RISK, EVEN THOUGH WE TRY OUR BEST TO PROVIDE THE BEST PERFORMANCE OF THE SERVICES. To the fullest extent permitted by law, the services—which include the PLUGR website, content, video player, features, user material, and any other materials contained on or made available through any access point or compatible device—are provided "as is" and without warranties of any kind, either explicit or implied. Apart from the aforementioned, PLUGR disclaims all warranties, including but not limited to, title, merchantability, completeness, availability, security, compatibility, and non-infringement; or that the services will be reliable, accurate, error-free, uninterrupted, and free of viruses and other harmful elements.

NEVER WILL PLUGR, ITS AFFILIATES, SUCCESSORS, ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE "PLUGR PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, obtained on, or supplied by, any access point or compatible device), regardless of the legal theory (contract, tort, strict liability, or elsewhere), even in cases where the Plugr Parties have been informed that damages may be possible. Limitations on implied warranties and the exclusion or limitation of certain damages are prohibited by certain state laws. A portion or all of the aforementioned exclusions, limitations, and disclaimers may not apply to you if these laws apply to you. NOTHING IN THESE TERMS WILL AFFECT YOUR APPLICABLE NON-WAIVABLE STATUTORY RIGHTS. In no circumstances will our entire liability to you for all losses, damages, and causes of action, whether based on contract, tort (including negligence), or another basis, exceed the $50 or the amount you paid Plugr for access to your subscription during the six months before to the claim.

In the event that you breach or are accused of breaching these terms, or if you use the services (including the content), you agree to defend, indemnify, and hold harmless the Plugr Parties from and against any and all liabilities, claims, damages, expenses, and losses arising from or connected in any way to your use of the services (including the content). PLUGR RESERVES THE RIGHT TO USE SEPARATE COUNSEL AT OUR EXPENSE AND TO TAKE OVER THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER THAT MAY OTHERWISE BEYOND YOUR INDEMNIFICATION.

12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you think that any User content, Content, or other content that is made available through the Services—including through a link—infringes your copyright, you should file a claim for infringement with Plugr following the guidelines outlined below.

Plugr will handle any allegation of infringement it receives, and we'll take the right legal action in compliance with relevant intellectual property laws. To report alleged copyright infringement, send an email to designated.agent@plugr.life, Plugr's copyright agent (subject line: "DMCA Takedown Request"). You can reach us via phone or mail at:

Attention: PLUGR Designated Agent
PLUGR Copyright Dept.
1309 Coffeen Avenue Suite #15424
Sheridan, WY 82801
Phone: 307-293-4426

The notification needs to be in writing and include the following details in order to be effective: (i) a physical or digital signature from the person with the authority to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work you allege has been violated; (iii) a description of the location of the allegedly infringing material on the Services that is reasonably sufficient to allow Plugr to locate and identify the content; (iv) information that Plugr can use to get in touch with you, including your address, phone number, and email address; (v) a declaration from you stating that you firmly believe the disputed use is not permitted by the copyright owner, its agent, or the law; and (vi) a declaration from you attesting, under penalty of perjury, to the accuracy of the information above in your notice and your authority to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails addressed to designated.agent@plugr.life that are not related to copyright infringement may not receive a response.

Plugr has a policy of firing repeat violators under the proper conditions.

13. ARBITRATION OF CLAIMS

PLEASE TAKE CARE TO READ THIS. IT AFFECTS YOUR RIGHTS, AND WE WANT YOU TO KNOW THAT. We advise you to check through our frequently asked questions or get in touch with our customer support staff via our Help Center at plugr.com/help if you're having problems using the Services. We wish to expedite and streamline the resolution process in the unlikely event that a problem still needs to be addressed. In order to prevent confusion later, we also want to make it clear now what each of us should anticipate. Therefore, before initiating an arbitration case, you and Plugr agree to first resolve any matter informally for a minimum of 60 days. To accomplish that, kindly submit us your full name, contact details, issue, and suggested fix at PLUGR Watch, LLC., 1309 Coffeen Avenue Suite #15424, Sheridan, WY 82801, Attn: Legal Department. We will get in touch with you via the email address you gave us when you signed up for Plugr if we need to talk about something.

You and Plugr agree that any and all claims, excluding disputes relating to the ownership or enforcement of intellectual property rights, that either of us may have, whether based on past, present, or future events, arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated into these Terms, will be waived if we are unable to come to an agreement after talking about it for at least 60 days. Any dispute involving (iii) our relationship or (iv) our use of the Services must be settled by binding arbitration. JAMS Mediation, Arbitration, and ADR Services ("JAMS") will conduct the arbitration in compliance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). You can find the JAMS Rules and information on starting an arbitration at www.jamsadr.com or by calling 1-800-352-5267. Note that by agreeing to this, YOU ARE RELINQUISHING YOUR RIGHT TO A TRIAL IN COURT BEFORE A JUDGE OR JURY. Plugr is glad to grant you the opportunity, as an exception to this arbitration agreement, to pursue any claim in small claims court that is within that court's jurisdiction—regardless of whether you originally discussed it with us informally—so long as you do so solely on an individual basis.

Both you and Plugr agree to arbitrate solely in our individual capacities, not as representatives or class members, and you and Plugr specifically waive your right to bring a class action lawsuit or pursue relief on a class-wide basis. Without the prior written approval of you, Plugr, and any other parties to the arbitration or proceedings, no arbitration or process may be merged with another.

Arbitration can take place online, over the phone, in person, or through the submission of documents, depending on your convenience. Any proceedings that cannot be handled by phone, online, or by the filing of documents shall be held in Los Angeles County, California. If you can show that having arbitration in California would place an excessive hardship on you, you are free to start the arbitration in your home state rather than having everyone come to us in California. You should be aware that the arbitrator's ruling will be final and binding, with the possible exception of a restricted right of appeal under the U.S. Federal Arbitration Act, and that it may be entered as a judgment in any court with the necessary jurisdiction. It should be noted that Plugr does not accede to the jurisdiction of any other court to handle issues that are not covered by these Terms, as nothing in this Section should be interpreted to suggest.

You should be aware that the arbitrator's ruling will be final and binding, with the possible exception of a restricted right of appeal under the U.S. Federal Arbitration Act, and that it may be entered as a judgment in any court with the necessary jurisdiction. It should be noted that Plugr does not accede to the jurisdiction of any other court to handle issues that are not covered by these Terms, as nothing in this Section should be interpreted to suggest.

Of course, feel free to see an attorney if you have any questions about what any of this entails. It's never a good idea to discuss what happens if a problem occurs with one of our users. However, we take great satisfaction in being open and transparent, and we appreciate your understanding in advance of the reasons it's critical that you and Plugr concur on the procedure outlined in this Section.

14. LIMITATION ON TIME TO BRING A CLAIM

You and Plugr agree that any claims arising out of or related to these Terms (including Plugr's Privacy Policy), our relationship, or the use of the Services must be brought within a year of the claim's emergence in order to facilitate a speedy resolution of any disputes between us; if not, the claim will be waived. This restriction is applicable independently of the forum where the claim is or may be made in the future.

15. GENERAL INFORMATION

15.1 International Use

We are an American corporation that provides our services to users internationally. Bringing you as much legally available content as possible is Plugr's mission. Nevertheless, we are constrained by the permissions our content programmers provide us. It is not permissible to access the Services from locations where Plugr does not have rights, where your subscription terms restrict you from doing so, or where Plugr does not make the Services available.

15.2 Export Controls

Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

15.3 Choice of Law and Forum 

Without regard to principles of conflicts of law, the laws of the State of California shall govern and be construed in conformity with these Terms. You and Plugr agree to submit to the exclusive jurisdiction of the courts situated in Sheridan, Wyoming, insofar as the arbitration provision set forth in Section 13 is not applicable (e.g., when confirming an arbitration ruling).

15.4 No Waiver/Reliance

Please notify us at feedback@plugr.com (subject line: "TOU Violation") if you witness other parties breaking these terms. Plugr will decide whether or not to react. Any right or remedy under these Terms that Plugr chooses not to immediately exercise or enforce shall not be deemed to be waived by Plugr against any party. Plugr's actions shall not be interpreted as a waiver or a constructive revision of these Terms, even if Plugr's actions seem to you to be contradictory with these Terms.

15.5 Integration, Amendment, Severability, and Electronic Communications. 

Note that these Terms, which supersede all previous agreements between you and Plugr regarding the Services, include Plugr's Privacy Policy, which is incorporated into these Terms, as well as any end user license agreement that may accompany the applicable Service. These Terms govern your use of the Services (including your use of the Content), with the exception of any services that Plugr may provide to you under a separate signed written agreement. Please be advised that these Terms will take precedence over any information provided by a customer support agent or anything uploaded to our Help Center, if that is the unlikely circumstance. To the extent permitted by law, these Terms apply. You and us both agree that any term of these Terms shall be deemed severable from them and will not impact the validity and enforceability of any remaining provisions in the event that any provision is found to be unlawful, invalid, or unenforceable. We may occasionally use electronic means to contact you regarding the Services and these Terms (such as emails sent to the email address you registered with, notifications posted on the Plugr Site and other Access Points, etc.). You agree that Plugr may send you electronic notices, agreements, disclosures, and other communications, and that these communications will fulfill any legal notification obligations that may be relevant. You also consent to receiving electronic communications from Plugr. For your records, we advise you to retain a copy of any electronic correspondence we provide you with.

15.6 TV Channel Operator

To summarize: A TV channel operator is someone who creates a scheduled 24/7 TV channel on Plugr to engage with Plugr subscribers who purchase memberships or offerings on Plugr to support the TV channel operator’s programming and paid programming. There are a lot of details below involving payments, fees, taxes, and restrictions that you should read in full if you are a TV channel operator.

To become a TV channel operator, simply launch your TV channel to start offering or premium membership. When you join Plugr, you become part of the Plugr community. You can use operator tools that we provide to, among other things, showcase your programming, engage with the Plugr community, and provide merchandise to subscribers through our merch service. Premium Memberships are for your most passionate fans. On Plugr, you can provide your subscribers with something exciting that gives them special benefits they want, including additional access, merchandise, exclusive creations, and engaging community experiences. In turn, you will receive loyal support from your patrons, and revenue from memberships and offerings that patrons have purchased on Plugr.

16. GENERAL INFORMATION

16. Abusive conduct

Everything that happens on your account is your responsibility. Your account may be terminated by us if you break any of our terms or conditions. Avoid doing anything that violates the law, is offensive to other people, misuses Plugr in a technical capacity, or unintentionally harms Plugr by using it as a platform for storage. We could be at danger if you are a creator making money on Plugr because of what you do with those monies. We might therefore additionally examine your activities outside of Plugr. The Security Policy and Community Guidelines contain more thorough information. The majority of issues are covered by these terms and our rules, but we reserve the right to take legal action if you discover a novel and inventive way to harm Plugr or our community.

16.1 Payments

You have the option to make one-time offers and automatically-renewing subscriptions available on Plugr as a TV channel operator, content provider, or producer. Additionally, in cases where it is permitted and subject to your controls, we may, at our sole discretion, automatically raise the prices of the offerings we make to Plugr subscribers in order to cover the fees levied by the platforms (such as the App Store) on which the related purchases were made.

Although the related platforms may handle payments issues for purchases made through specific platforms (like the App Store), we normally handle issues related to payments, including fraud, chargebacks, and the resolution of payment disputes. We make an effort to give you prompt access to the money you've earned on Plugr, depending on the level and kind of service you choose. You may have to wait a longer period of time to access your cash after making purchases on specific platforms (such as the App Store) and/or with different levels and types of Plugr services. You may also be required to have reserves of funds withheld from you. However, there's a chance that there will occasionally be more delays when obtaining these payments.

In addition, if you violate any of our terms or rules, we reserve the right to suspend or prevent access to these funds for compliance-related reasons, such as obtaining information on your taxes. When this occurs, we make every effort to notify you right away of the cause. Please contact us if you have any questions about why your access to funds is being restricted or denied. We reserve the right to block Plugr subscribers' payments if we suspect them of being fraudulent in order to safeguard TV channel operators. Your account balance may occasionally go negative due to activities like refunds to subscribers and chargebacks from subscribers. In the event that these activities take place, any fees you have paid to Plugr or the platforms (like the App Store) where the purchases were made, as outlined below, might not be reimbursed to you. Should your account balance drop below zero, we keep the right to deduct that amount from any subsequent payments.

We need all TV channel operators who share sexually explicit or nude content to adhere to additional rules in order to ensure that Plugr is a safe community for everyone. If you operate an Adult/ 18+ TV channel, you acknowledge that you are over the age of 18, that you have obtained the written consent of every person portrayed in your programming to appear in it, and that you will use the methods we request to confirm this information. You may get more information about these criteria in our Help Center, where you can also find a consent form template you can use for this purpose. You guarantee that, should we ask for it, you will give us this proof of consent and age verification right away.

16.2 Fees

As a TV channel operator, content developer, or content producer, Plugr memberships are paid for, and there are fees related to your products. While our Help Center has the most recent information, the general nature of these fees is outlined below. Depending on the amount and kind of Patreon service you choose, such as whether you utilize Plugr's premium membership service, free membership service, or service for enabling one-time transactions, these costs may change at any moment and without prior notification to you:
  • The platform charge, which can be determined as a percentage of payments that are successfully processed or as a flat price. Please be aware that for service levels and kinds that contain goods, we also charge you for the cost of the merchandise itself depending on the quantity and SKUs of the related items; this is in addition to the platform price for using the merchandise service;
  • ​Fees specific to specific Plugr features that may be incurred by using them; these fees may be fixed or expressed as a percentage of payments that are successfully processed;
  • ​The payment processing charge, which represents the cost of collecting payments from customers and covers recurring invoicing, recovering denied payments, and combating fraud; it is computed as a percentage of successfully processed payments and a fixed price per successfully processed payment;
  • ​The payment processing charge, which represents the cost of collecting payments from customers and covers recurring invoicing, recovering denied payments, and combating fraud; it is computed as a percentage of successfully processed payments and a fixed price per successfully processed payment;
  • ​The percentage of properly processed payments made in a currency different than your payout currency is the currency conversion fee.
On your TV channel operator dashboard, you may view the costs associated with any offerings and subscriptions; however, it should be noted that the payout fee mentioned previously is not included in this list. Additionally, as previously mentioned, platforms (such as the App Store) may charge fees for purchases made through them. We try to give you information about those fees in your TV channel operator dashboard. Additionally, Plugr may automatically raise the price of offers to subscribers to cover those fees, when supported and subject to your controls as relevant.

If a Plugr pays in a currency that is different from the currency associated with their payment instrument, then the financial institution associated with that payment instrument may charge them a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.

When a customer's payment is handled in a nation other than the one linked to their payment instrument, the financial institution connected to that payment instrument may charge them a foreign transaction fee for that payment, even if the subscriber pays in the currency linked with that payment instrument. Although we are not charging this fee, we are unsure whether it is, and we do not receive any of the proceeds from it; yet, this cost might be impacted by or originate from decisions we make regarding how payments are processed.

16.3 Tax

We gather tax identifying information and, in some cases, report this information and earnings to tax authorities as required by law in order to fulfill our tax obligations. For instance, Plugr must provide you with a Form 1099-K at year's end if you are a US citizen or resident and have earned at least $600. We recognize all author profits as received from the sales of products or services for the purposes of Forms 1099-K. Any income, withholding, or other earnings-based taxes that you may owe as a result of money you have earned on Plugr must be reported by you. Our Tax Help Center has additional information.

In addition, we have a global responsibility for some transactional taxes. These comprise state sales taxes in the US as well as municipal service or sales taxes in non-US locales, as well as Value Added Tax (VAT), Goods and Services Tax (GST), and other local taxes (collectively referred to as "VAT"). Please read through our VAT guide and other Help Center pages to find out more about how we handle transaction taxes. The tier or custom payment amount plus the applicable tax will be included on bills delivered to customers and on payments received from them in locations where we are obligated to collect transaction tax from subscribers. In addition to the cost of a relevant transaction, applicable tax will be assessed based on the benefits you indicate you will be providing. The benefit categories you designate for your membership or offering will be used by us to compute, gather, and send the relevant taxes. It is your responsibility to make sure that all of your benefits are appropriately classified, making every attempt to do so in good faith and to the best of your ability with the resources at your disposal. When using the tier tools, sales tax weighting tools, and, generally speaking, when listing and classifying transferred advantages within membership tiers and packages, you agree to provide correct information. The tax amount will be immediately subtracted after settlement, and we will send the money straight to the relevant taxation body. On the details page of your earnings, there will be a record of the transaction tax part of the payment. Where applicable, VAT or sales tax may be included in the amounts payable under this agreement between a creator and Plugr. In this regard, kindly refer to our Tax Help Center. You acknowledge that, at our request or as otherwise necessary, you will give us access to any information and documentation needed for an accurate assessment of your taxes and for compliance.

16.4 Restrictions

Content creations, film productions, short and long form videos and advantages that go against our rules or policies are not permitted. Visit our Community Guidelines and Benefit Guidelines to find out more. These guidelines basically state that we don't permit:
  • Illegal Content creations, film productions, short and long form videos or benefits;
  • ​Content creations, film productions, short and long form videos or benefits that are abusive towards other people;
  • ​Content creations, film productions, short and long form videos or benefits that are misleading or deceptive;
  • ​Content creations, film productions, short and long form videos or benefits that use others’ intellectual property, unless you have written permission to use it, or your use is protected as fair use; or
  • ​Content creations, film productions, short and long form videos or benefits with real people engaging in sexual acts.
As a TV channel operator, content developer, content producer or content creator, you are also responsible for keeping Plugr data safe. You agree to our Data Processing Agreement (DPA) in section 16.5.

An account can only be linked to your original work and cannot be bought, sold, or given to another content developer, content producer or content creator.

In an ongoing effort to improve Plugr, we may add, delete, or test new features with a smaller group of creators. It may not be within your control or certain that you will be able to access these functions. Rather, at our sole discretion, we may choose to enable or disable these early-access, beta, or test capabilities. Other limitations and restrictions, such as those we outline in our Help Center, can also apply to certain capabilities.

16.5 Data Processing Agreement (DPA)

By establishing a direct connection with their largest admirers and converting them into paying members (also known as "Subscribers"), Plugr enables influencers on our platform (also known as "Creators") to launch membership businesses.

In order to allow for the fulfillment of membership responsibilities and benefits through direct communication with Subscribers, Plugr gives Subscribers' personal information (also known as "Subscriber Data") to Creators. After that, Creators process Plugr Data to make all of the goods and services—collectively referred to as "Membership Services"—available to Subscribers as a part of their Plugr membership company. To guarantee that Creators uphold Patrons' right to privacy when handling Subscriber Data, Plugr requires all Creators to sign this Data Processing Agreement, also known as the " Privacy Guarantee."

This is a privacy promise that applies only to the Subscriber Plugr Data that Plugr collects and gives to Creators so they can operate a membership business on Plugr. It goes into effect the moment a Plugr account is created.

In addition to Plugr's Terms of Service and Privacy Policy, this Privacy Guarantee will specify how Creators must handle Subscriber Data both during and after their partnership with Plugr.

1. Definitions.

"Data Protection Legislation" means all applicable laws relating to privacy and the processing of personal data that may exist in any relevant jurisdiction, including, where applicable, the guidance and codes of practice issued by the supervisory authorities. Data Protection Legislation includes, but is not limited to, European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them, including the General Data Protection Regulation (Regulation (EU) 2016/279).

"Good Industry Practice" means exercising the same skill, expertise and judgement and using facilities and resources of a similar quality as would be expected from a person who:(a) is skilled and experienced in providing the services in question, seeking in good faith to comply with his contractual obligations and seeking to avoid liability arising under any duty of care that might reasonably apply; (b) takes all proper and reasonable care and is diligent in performing his obligations; and (c) complies with the Data Protection Legislation.

The terms "data controller", "data processor", “subprocessor”, "data subject", "personal data", "processing", and "appropriate technical and organizational measures" shall be interpreted in accordance with Directive 95/46/EC, or other applicable Data Protection Legislation, in the relevant jurisdiction.

1. Scope. The parties agree that Plugr is a data controller and that Creator is a data processor in relation to Subscriber Data that Creator processes in the course of providing Membership Services. The subject matter of the data processing, the types of personal data processed, and the categories of data subjects will be defined by, and/or limited to, those necessary to carry out the Membership Services. The processing to which this Privacy Guarantee applies will be carried out by Creator upon leaving the Plugr platform. The subject matter, duration, nature, and purpose of the processing of the personal data as well as the type of personal data and categories of data subjects covered by this Privacy Guarantee are as follows:

The subject matter of the data processing is Plugr Data

The duration of the processing is for as long as Creator holds Plugr Data.

The nature and purpose of the processing under this Privacy Guarantee is limited to a Creator’s fulfillment of Membership Services to the Plugr.

The type of personal data covered by this agreement is contact information, including but not limited to username, email address, shipping address and pledge amounts. 

The category of the data subjects are website users who sign up for memberships on Plugr.
1. Data Protection. Creator shall adhere to the following requirements:

Processing as Instructed. Creators will process Plugr Data only in accordance with the Plugr Terms of Service, Privacy Policy and this Privacy Guarantee and only in compliance with Data Protection Legislation. The nature and purpose of the processing shall be limited to that necessary to carry out such instructions, and not for Creator's own purposes, or for any other purpose except as required by law. If Creator is required by law to process the personal data for any other purpose, Creator will inform Patron of such requirement prior to the processing unless prohibited by law from doing so.

Extent of Processing. Creator will process the personal data only to the extent, and in such manner, as is necessary for the provision of Membership Services.

Appropriate Technical and Organizational Measures. Creator will implement and maintain appropriate technical and organizational measures designed to protect the personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. The measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of the personal data and having regard to the nature of the personal data which is to be protected and as a minimum shall be in accordance with the Data Protection Legislation and Good Industry Practice.

Transfer to Third Parties. Creator will not give access to or transfer any personal data to any third party (including any affiliates, group companies or subcontractors) without the prior consent of Plugr. Creator must also ensure the reliability and competence of such third parties, its employees or agents who may have access to the personal data processed in the provision of Membership Services, and must include in any contract with such third party provisions protecting Plugr which are equivalent to those in this Privacy Promise and the Terms of Service and as are required by applicable Data Protection Legislation.

Reliability and Competence of Creator Personnel. Creator will take reasonable steps to ensure the reliability and competence of any Creator personnel who have access to Plugr Data. Creator will ensure that all Creator personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations set out in this Privacy Guarantee.

Acknowledgement of Data Protection Legislation and Assistance. Creator will take all reasonable steps to assist Plugr in complying with applicable Data Protection Legislation. For example, Creator will promptly inform Plugr in writing if it receives: (i) a request from a data subject concerning any personal data; or (ii) a complaint, communication, or request relating to Plugr’s obligations under Data Protection Legislation.

Destruction or Return of Property Upon Membership Services Completion. Creator will not retain any of the personal data for longer than is necessary to provide Membership Services. At the end of Membership Services, or upon Plugr's request, Creator will securely destroy or return (at Plugr’s election) the personal data to Plugr.

Loss or Security Breach. If Creator becomes aware of any accidental, unauthorized or unlawful destruction, loss, alteration, or disclosure of, or access to Plugr Data processed by Creator in the course of providing Membership Services, it will do the following:

Provide notice to Plugr. Creator shall promptly and without undue delay notify Plugr and provide Plugr with: a detailed description of the Loss or Security Breach; the type of data that was the subject of the Loss or Security Breach; the identity of each affected person if known, and the steps Creator has taken or will take in order to mitigate and remediate such Security Breach, in each case as promptly as such information can be collected or otherwise becomes available (as well as periodic updates to this information and any other information Patreon may reasonably request relating to the Loss or Security Breach); and

Investigate the Matter promptly. Creator shall promptly take action, at its own expense, to investigate the Loss or Security Breach and to identify, prevent and mitigate the effects of the Loss or Security Breach and to carry out appropriate recovery actions to remedy the Loss or Security Breach.

Compliance with Data Protection Legislation. Creator shall comply at all times with and assist Plugr in complying with its applicable obligations under Data Protection Legislation. Creator shall provide reasonable information requested by Plugr to demonstrate compliance with the obligations set out in this Privacy Guarantee. Creator will notify Plugr immediately if, in Creator's opinion, an instruction for the processing of personal data given by Plugr violates any country’s data privacy legislation.

16.6 Being a Plugr subscriber

 As a subscriber, you’re supporting a creator and may receive special benefits like shoutouts, exclusive creations, or merchandise. You pay on a one-time or automatically-renewing subscription basis as specified; Plugr is the billing entity that is associated with this charge. If your primary payment method fails and you’ve configured one or more backup payment methods, then we will charge those backup payment methods based on that configuration.

The timing and amount of each subscription or offering depends on the type of subscription or offering you select and the creator you support. You can see the details prior to purchasing the offering or starting the subscription and you can view all your active subscriptions and your billing history.

To become a subscriber, simply subscribe or purchase a paid subscription or other offering on Plugr. Subject to these terms and full payment of all applicable charges, to the extent a subscription or offering includes access to one or more of a creator’s creations, you receive a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and view those creations for your own private, personal, non-promotional, non-commercial use. Creations you gain access to in this manner will generally continue to be available to you but may become unavailable at any time as described below.

In addition to one-time purchases, there are three types of paid, automatically renewing subscriptions offered on Plugr. One is a monthly subscription where you pay per month. The second is a per-creation subscription where you pay per-creation posted by the creator. You can set a limit on the number of creations you pay for in a single month under this per-creation subscription model. The third is an annual subscription, where you pay for a year of access up front, typically at a discounted rate. Not all types of membership subscriptions are offered by all creators and the current subscription options for a given creator will be presented to you prior to entering into the membership.

Each type of paid subscription automatically renews monthly (for monthly and per-creation memberships) or annually (for annual memberships) until you cancel via your membership settings. If your subscription includes a free trial, then, unless you cancel via your membership settings before your free trial ends, you will be charged for the first time after the specified free trial period ends and you’ll start automatically renewing paid subscription on Plugr of the type you selected. Your recurring charge date may be earlier than the date you first subscribed for reasons including, for example, differences between your time zone and the time zone in which our billing systems operate and your most recent previous charge date being earlier due to variances in the length of months. The amount you are charged for a membership subscription may increase with notice to you. This enables creators to, for example, adjust membership prices to account for increased costs, new or different benefits, or other changed circumstances, just like any other business. Similarly, this enables Plugr to, for example, account for new currency exchange rates by refreshing the conversion rate applied when a patron pays in a currency different than the one chosen by the creator. Plugr does not control the applicable tax that you may be charged, and this amount may increase without notice to you.

As mentioned above, you can end your free trial or stop receiving regular payments whenever you'd like. Recurring charges for monthly and annual subscriptions will be affected if you cancel or reduce the tier support. Lowering the tier support of your membership will affect your subsequent per-creation payment for per-creation memberships; on the other hand, canceling your membership will take effect prior to your subsequent per-creation charge. Increasing your payment to a higher level in an annual membership will take effect in the current payment term. Annual memberships may be canceled, increased, but not decreased. You might receive credit for any payments you've previously made within the current payment term if you increase your payment at that time. For instance, if you decide to upgrade from a monthly to an annual membership, you might be able to deduct the money you spent for that specific month off the annual membership's first year's cost.

Canceling your membership or lowering the tier support below the applicable threshold may result in your loss of access to membership subscription benefits, including a creator’s plugr-only posts and other benefits. You may also lose access to offerings you’ve purchased and membership subscription benefits if, for example and as applicable, your payment method fails, we terminate your account, the creator blocks you, the creator stops making offerings and/or memberships available on Plugr, the creator deletes their Plugr account, the creator changes who has access to an offering and/or membership, the creator removes a post or offering from their Plugr account, we remove the creator from Plugr, we change who has access to an offering and/or membership, or we remove a post or offering from from a creator’s Plugr account. We are not required to allow you to access an offering, be a subscriber of, or to otherwise interact with any particular creator.

Membership options and subscriptions differ, and we have little control over the particular advantages and their caliber. Although we make an effort to flag up phony creator pages, we are unable to verify the legitimacy of any claims made by creators or their identities. We value your assistance in alerting us to dubious creator pages so that we can protect the Plugr community.
This tax is added to the total amount if you are located in a jurisdiction where Plugr is required to charge and collect tax, such as sales tax or VAT. This tax is displayed to you at the time of offering purchase or when you begin a paid subscription, with a few exceptions. Plugr pays the relevant taxing authority all of the taxes it has collected. You acknowledge that tax is mostly location-dependent and that, in order to facilitate correct tax collection, you will maintain your location complete and current.
You may be assessed a foreign transaction fee by the financial institution linked to your payment instrument if you make a payment in a currency other than the one linked to it. We do not apply this fee, we have no influence over it, we don't know whether it is applied, and we don't get any of the money collected from it.

The financial institution linked to the payment instrument may impose a foreign transaction fee on you for payments made in a country other than the one where the payment instrument is registered, even if you make the payment in the same currency as that country. Although we are not charging this fee, we are unsure whether it is, and we do not receive any of the proceeds from it; yet, this cost might be impacted by or originate from decisions we make regarding how payments are processed.
In an ongoing effort to improve Plugr, we may add, delete, or test new features on a small sample of our patrons. You may not have control over certain features, and access to them is not assured. Rather, these early-access, beta, or test capabilities are subject to our complete discretion as to whether or not to enable. Additional limits and limitations, some of which we outline in our Help Center, can also apply to certain functions.

Returns. Refunds are not often given, even in the event that you are unable to access services and/or the benefits of a membership subscription as previously mentioned. However, there may be rare circumstances in which refunds may be given at our sole discretion. Plugr might not be able to handle any related refund requests if you made your purchase on a specific platform (such the App Store). In that case, you might need to get in touch with those platforms directly. Here is where you can find out more information.
16.7 Plugr's role

In order to implement these terms and our regulations, which include our Community Guidelines and Benefit Guidelines, we review a few pages and postings on Plugr. We also look into allegations of possible infractions. These investigations might take some time to finish, and they might look into activity that happens outside of Plugr because Plugr might be at risk depending on what is done with the money gained there.

Most of the time, we'll work with subscribers and artists to address any possible policy infractions so that they can keep using Plugr. When we think it's necessary to protect creators, subscribers, Plugr, or the larger community, Plugr may cancel creator or subscriber accounts. However, we don't take this decision lightly.

A creator or subscriber may be banned by Plugr from taking part in annual memberships at any time. If a creator is removed from participating in yearly memberships, subsequent customers will no longer be able to acquire annual subscriptions on Plugr on that creator's behalf. If a subscriber is taken out of the annual membership program, they will not be able to purchase any more annual membership subscriptions on Plugr for any creator. However, unless there is a valid reason for it, this won't automatically result in the author or patron being removed from Plugr.

Please let us know if you see potential violations of our Community Guidelines. You can learn how to report them here.

As a multinational corporation with operations across borders, we are subject to trade restrictions and economic penalties, including those imposed by the US Department of Treasury's Office of Foreign Assets Control ("OFAC"). This means that, as decided by organizations such as OFAC, we are not allowed to participate in transactions involving specific individuals, locations, or goods that originate from such locations. Below is a copy of our Sanctions Policy:

Sanctions Policy

We at Plugr are dedicated to maintaining international regulatory standards, especially when it comes to following trade prohibitions and economic sanctions issued by reputable organizations like the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"). We must make sure that these rules are followed as a U.S.-based business with global operations in order to uphold our moral and legal standards.

All members are subject to the same penalties policy, regardless of where you live. Giving proper information about yourself and your place of residence is crucial when setting up or upgrading your Plugr page or account. Your page or account could be terminated if you don't comply.

In accordance with our commitment to compliance, we observe restrictions on transactions involving:
Certain countries, including Cuba, Iran, North Korea, Syria, and specific regions such as Crimea, the Donetsk People’s Republic (DNR), and Luhansk People’s Republic (LNR), along with any individuals or entities operating or residing therein.

Individuals or entities listed on sanctions rosters, such as OFAC’s Specially Designated Nationals (“SDN”) List or the Foreign Sanctions Evaders (“FSE”) List.

In order to protect our community and guarantee compliance with these rules, we implement a number of strategies, such as:

Prohibiting access to Plugr from certain geographic locations

Restricting creators from offering benefits originating from sanctioned areas

Requesting additional information or actions from users to facilitate compliance

We reserve the right to suspend, terminate, or take other action on the account in the event that we discover any breach of trade restrictions or economic sanctions, including using the account from a sanctioned location or giving benefits to sanctioned entities.

It's also vital to remember that other nations may apply extra trade restrictions, and that international law may forbid the export or import of particular goods. Members should become familiar with the applicable jurisdictional legislation before conducting business with foreign parties. Seeking legal advice from an experienced expert is advised.

Furthermore, as part of their own compliance procedures, our payment partners, PayPal, Visa, and Mastercard, independently check financial transactions for compliance with sanctions and may stop transactions. Please be advised that Plugr has no control over or influence over the choices made by these providers.

Due to the constantly changing nature of trade restrictions and economic penalties, updates can come out on a regular basis, which could affect our capacity to interact with members or put more limitations on benefits. We urge members to stay informed by consulting pertinent materials from reputable organizations, such as the European Commission, the US Department of State, the US Department of the Treasury, and the Bureau of Industry and Security of the US Department of Commerce.

Please do not hesitate to contact our Creator Success team if you require any additional assistance or have any questions. We value your assistance in ensuring that Plugr is a law-abiding, responsible community.

16.8 Account Deletion

By visiting our Privacy Policy, you can always completely remove your account.

At any moment, at our sole discretion, we may suspend or terminate your account. At our sole discretion, we may also remove any descriptions, posts, offers, or benefits and cancel any memberships. You acknowledge that you will not file a claim against us for deactivating or suspending another person's account. Should you attempt to file such a claim, you will be liable for any damages, including legal fees and expenses. This agreement is still in force even if you delete your account.

16.9 Your content creations

In summary, creators retain complete ownership of their works, and subscribers grant us permission to use their posts as part of Plugr's services, but they also retain full ownership of the content they upload. Verify that you have the right to share the works you upload to Plugr.

Although we require permissions from you in order to run Plugr's services efficiently, creators and subscribers retain complete ownership of the content they upload on the platform. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works, publicly display, and display in connection with any name, username, voice, or likeness provided in connection with it for as long as your creations are posted on Plugr or made available through other means there. You acknowledge that, to the extent permitted by this agreement, Plugr has a "legitimate interest" in any personal data included in your creations.

Even though this may seem like a lot, it's necessary for us to run our services, which include hosting works, giving and advertising memberships to your customers, and enabling community features like commenting on posts. To be clear, we are not purchasing or renting your intellectual property rights from you in order to benefit ourselves. You retain complete ownership over your works of art and everything you publish on Plugr. We promise never to attempt to take credit for your works, to abuse them, or to make money off of them in any manner other than by enabling the Plugr memberships and offerings you have set up.

You agree not to make available creations or otherwise make posts on Plugr that infringe others’ intellectual property or proprietary rights. Plugr reserves the right to remove creations and other material that violate Plugr’s terms and policies, including these Terms of Use and the Community Guidelines. We respond to compliant notifications of claimed copyright infringement and have adopted and reasonably implemented a policy for terminating, in appropriate circumstances, the accounts of creators and subscribers who are the subject of repeated compliant notifications of claimed copyright infringement or other evidence that suggests a pattern of repeat infringement. Information regarding how this policy is implemented as well as the process for reporting or responding to notifications of claimed copyright infringement can be found here.

It is forbidden for subscribers to utilize any way that the creator has not given permission to use their creations, even if it is just to share them with people who haven't bought the offering or subscription that made them available.

16.10 Third-party apps and services

You could be asked to grant websites, apps, or services access to information about your Plugr account and/or authorization to act on your behalf when you link your Plugr account to other websites, apps, or services. Should you decide to proceed with this authorization step, we will comply with your request and provide the access or authority that you have indicated. Our Privacy Policy has further information.

16.11 Plugr's original creations

Copyright, trademark, patent, and trade secret laws safeguard our innovations. The text on plugr.com, other Plugr websites, our iOS and Android apps, our APIs, our embeds, our logo, and our codebase are a few instances of our creations. We give authors permission to advertise their Plugr sites using our logo and other trademarks or copyrights. Our Brand Guidelines contain more information about how to properly utilize our logo. Unless we grant you written consent, you are not permitted to use, reproduce, distribute, perform, exhibit publicly, or create derivative works based on our works in any other way If you have any questions, just ask.

We would appreciate your input on how the Plugr product is working, as well as any early-access, beta, or test features you may have been granted access to. We also appreciate your assistance in pointing out any issues, bugs, or defects. You acknowledge that any feedback you give us—such as comments, ideas, problem reports, or recommendations for enhancements—belongs to us and will be used only to strengthen Plugr and support the creative and Plugr community.

16.12 Indemnity

You agree to hold us harmless from any damages or expenses, including reasonable legal fees, resulting from these conditions or from your use of Plugr. When it comes to the defense of a claim covered by this provision, we reserve the right to have sole control. You will assist us in defending ourselves if we use this correctly. This clause obligates you to indemnify our subsidiaries, affiliates, officers, directors, employees, agents, and outside service providers.

16.13 Warranty disclaimer

Plugr is offered "as is" and without any type of guarantee. The fullest degree allowed by law excludes and disclaims all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. This clause's disclaimers of warranties also include our affiliates, subsidiaries, and outside service providers.

16.14 Limitation of liability

We disclaim any liability to you for incidental, consequential, or punitive damages resulting from these terms, your use of Plugr, or your attempted use of it, to the maximum extent allowed by law. Our liability for damages is limited to the money we have made from your use of Plugr, to the maximum degree allowed by law. In particular, we clearly disclaim liability for losses resulting from unfulfilled offers and benefits as well as losses resulting from disputes arising from contracts. The terms "we" and "our" in this section refer to our officers, directors, employees, agents, subsidiaries, and third-party service providers.

16.15 Dispute resolution

If you have any problems, we invite you to get in touch with us. Should a disagreement emerge regarding these conditions or your usage of Plugr, it will be settled in the federal or state courts situated in Sheridan, Wyoming. For the purpose of settling any such dispute, the parties agree that the Wyoming courts shall have exclusive jurisdiction and venue. These terms, any other Plugr policies, and any dispute that may occur between you and Plugr are governed by Wyoming law, with the exception of its conflict of law restrictions.

16.6 Everything else

There is no partnership, joint venture, employee-employer, or franchiser-franchisee connection created between you and us; these terms and any linked policies constitute the whole agreement between you and us. Any clause in these terms that is found to be unenforceable is amended to the amount required to make it enforceable. A provision is removed from these terms and all other provisions stay in effect if it cannot be changed to make it enforceable. Notwithstanding the foregoing, neither party forfeits the right to enforce any other rights under these conditions in the future.

We might occasionally alter this terminology. We shall notify you prior to the implementation of any modifications to these terms that we determine to be material, at our sole discretion. If Plugr is still being used after a change, you agree to the updated terms and rules.

We are committed to accessibility for those with disabilities. You can find Plugr’s accessibility policy here. If you use accessibility tools and have questions or concerns, please contact us at info@plugr.life.
By signing up to receive text messages from us, you consent to receive automated promotional and personalized marketing text messages (such as SMS and MMS) on a regular basis. These messages may be sent to the mobile number you provided at the time of signup or to any other number you designate. We may also use an automated telephone dialing system to send texts. Getting automated marketing texts is not a need for making a purchase. There may be message and data fees. The frequency of messages can change. We keep the right to change the frequency of messages delivered at any time in order to send fewer or more messages overall. Additionally, we retain the right to modify the phone number or short code used to send messages. Not every mobile device or handset may be compatible with our messages, and not every location may receive them. For communications that are delayed or never reach their recipient, we, our service providers, and the program-supported cell carriers disclaim all liability.
PLUGR VIDEO CONFERENCING TERMS OF SERVICE

Please take time to thoroughly read the Plugr Services Description and these terms of service (collectively, this "Agreement"). Except in cases where you and Plugr have entered into a written Master Subscription Agreement (MSA), which will govern your access to and use of the Services and Software and not these Terms of Service, this Agreement is between you and Plugr, LLC. and its affiliates (hereinafter, "Plugr," "we," "us," or "our"). This Agreement may be entered into on your own behalf or on behalf of a legal company. You represent that, if you are entering into this Agreement on behalf of a legal entity, you are an appropriately designated representative with the power to bind such entity. In this Agreement, all references to "you" or "your" refer to the individual accepting this Agreement or the legal entity the representative is acting on behalf of. The definitions of capitalized terms in this Agreement are provided in the Plugr Services Description, Section 34 below, or in the corresponding section where they appear.

We might use Plugr Watch, LLC., one or more of our affiliates, or both to deliver the Services and Software. Only in compliance with the terms and conditions of this Agreement may you use the Services and Software.

ADVANCED READERS SHOULD PAY CLOSE ATTENTION TO THE FOLLOWING TERMS AND CONDITIONS: (i) in Section 27, that you and Plugr will arbitrate certain claims rather than going to court and that you will not file class-action claims against Plugr; (ii) in Sections 12 and 14, that specific terms and conditions apply to recurring subscription charges and automatic renewals; (iii) in Section 15, that Plugr may add, edit, and modify these Terms of Service and our Service Description; and (iv) in Section 26, that you release Plugr from, and forfeit your right to recover from Plugr certain damages. You understand that using the Services and Software, including creating an account, requires your consent to be legally bound by all of the terms and conditions stated below. A legally binding agreement is formed between you and Plugr upon your acceptance of this Agreement. 

1. ACCOUNT INFORMATION; SHARING

1.1 Registration; Username and Passwords

In order to register for, access, or use the Services and Software, you might be asked for personal information. You guarantee and represent that all of the foregoing, including the Customer Data, is and will continue to be accurate and complete, and that Plugr bears no responsibility for any mistakes or omissions in the Customer Data. In order to access or utilize the Services and Software, you might also be required to select a username and password. In our sole discretion, we reserve the right to reject any such username or password and to demand that you replace it. You accept full responsibility for protecting the confidentiality of your username and password, and you promise not to reveal or provide access to them to any outside parties.  

1.2 Prohibition on Sharing

Unless Plugr has specifically granted you written permission in advance, you are not permitted to share an account, host privileges, or any other user rights with any other person. You shall not divulge to any third party any login information or passwords pertaining to the aforementioned. You understand that it is totally forbidden to share any such rights. It is not assignable or transferable for you to use or access the Services and Software. Any account, host privileges, or other user rights cannot be assigned or transferred to another person unless (i) that person terminates their employment or their relationship with their employer, if applicable, or (ii) Plugr gives their prior, express written consent.

2. ORDERING SERVICES

2.1 Order Form

Plugr has authorized and approved an online registration form or order form (collectively, "Order Form") through which you may place an order for the Services. The provisions of this Agreement apply to any order for Services placed in accordance with an Order Form. If approved and approved by Plugr, an Order Form may include additional or different terms, conditions, and details about the Services you are acquiring. In the event that this Agreement and any authorized or agreed-upon Order Form conflict or are inconsistent, the appropriate Order Form will take precedence over this Agreement to the degree required to address that specific conflict or contradiction alone. During the applicable Initial Subscription Term or then-current Renewal Term, Plugr shall furnish the Services described in your Order Form and standard updates to the Services that we make generally available to similarly situated customers in the same geographic region at no additional cost. Plugr retains the exclusive right to: (i) terminate the Services; or (ii) change the features or functionalities of the Software or Services.

2.2 Minimum Commitment

For the duration of the applicable Initial Subscription Term or then-current Renewal Term, you shall continue to provide the minimum amount of Services specified on your Order Form. Unless you request an increase in Services, which will take effect as specified in the applicable Order Form, any timely and contractually available modification to the Services set forth on your Order Form will only take effect at the beginning of your next Renewal Term.

2.3 Outstanding Balance; Late Payment

You understand that Plugr is not obligated to supply any new Services specified in an Order Form until all outstanding balances due and owing for existing Services are paid in full, without restricting our rights in this Agreement, including Sections 12.7 and 14.3.

3. ACCESS AND USE; SOFTWARE LICENSE

3.1 Access and Use; Software License

Subject to the terms and conditions of this Agreement, you may access and use, during the Initial Subscription Term or then-current Renewal Term, the Services as set forth on each applicable Order Form. If access to or use of any portion of the Services requires or allows for you to download, use, or install Plugr software (“Software”), Plugr grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, and royalty-free license to use the Software in object code format on a compatible device for your internal use only, solely to access and use the Services during the applicable Initial Subscription Term or then-current Renewal Term. You acknowledge and agree that your access to and use of the Services and Software under this Section 3.1 (and as otherwise provided in this Agreement) is revocable in Plugr’s sole discretion.

3.2 Documentation License

Subject to the terms and conditions in this Agreement, Plugr grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, and royalty-free license for you to use Plugr-provided product and services documentation (“Documentation”) solely for your internal business purposes in connection with use of the Services or Software during the applicable Initial Subscription Term or then-current Renewal Term.

3.3 Ownership

You acknowledge that, notwithstanding anything to the contrary herein, the Services are provided to you on a subscription basis, and the Software and Documentation is provided to you under a limited license, and neither has been sold to you. You also acknowledge that you have neither obtained nor will obtain any ownership or other right, title, or interest in or to the Services, Software, or Documentation or any Proprietary Rights relating thereto. Any copies of Software will remain the exclusive property of Plugr. The Software may include code that is licensed to you under third party license agreements, including open source software made available or provided with the Software. Without limiting the generality of the foregoing, Plugr owns all right, title, and interest in and to all upgrades, enhancements, new releases, changes, and modifications to the Services or Software, together with all ideas, architecture, algorithms, models, processes, techniques, user interfaces, database design and architecture, and “know-how” embodying the Services and Software. Under no circumstances will you be deemed to receive, have, or be granted title to all or any portion of the Services, Software, or Documentation, title to which at all times vests exclusively in Plugr. None of the Services, Software, or Documentation, or any component thereof, is or shall be deemed to be a “work made for hire,” as that term is defined in 17 U.S.C. § 101.

4. RESPONSIBILITY FOR USE AND END USERS

4.1 Use of the Services; End User Responsibility

You will, and you will cause your End Users to, abide by and ensure compliance with, all the terms and conditions of this Agreement. Use of the Services is void where prohibited. You are responsible for your and your End Users’ access to and use of the Services and Software. You are responsible for the activities of all your End Users, including ensuring that all End Users will comply with the terms and conditions of this Agreement and any applicable Plugr policies. You acknowledge that you remain liable for the acts and omissions of any third party that you allow, enable, or otherwise provide access to the Services or Software, whether or not such access was expressly permitted by Plugr.

4.2 Violations by End Users or Third Parties

Plugr assumes no responsibility or liability for violations of this Agreement by End Users or any other third party that you allow, direct, or enable to access the Services or Software. If you become aware of any violation of this Agreement in connection with use of the Services or Software by any person, you must contact Plugr at trust@plugr.life

4.3 Liability for Content and Data

Under no circumstances will Plugr be liable in any way for any data or other content viewed while using the Services, including any errors or omissions in any such data or other content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or other content.

4.4 Investigation of Use

Plugr may investigate any complaints and violations that come to our attention and may take any action, in its sole discretion, including issuing warnings, suspending or disconnecting the Services or Software, removing the applicable data or other content, terminating accounts or End User profiles, or taking other reasonable actions in its sole discretion.

5. SYSTEM REQUIREMENTS; CHANGES

Your use of the Services and Software requires one or more compatible devices, Internet access, and certain third-party software, and you may be required to obtain updates or upgrades from time to time for Software or third-party software, which may result in additional costs to you. Because use of the Services and Software involves hardware, software, and Internet access, your ability to access and use the Services and Software may be affected by the performance of the foregoing. High-speed Internet access is recommended. You are solely responsible for any fees that may apply to your access to or use of the Services and Software, including fees for hardware, software, Internet access, or text messages. You agree that the foregoing requirements are your responsibility, and Plugr may, in its sole discretion, discontinue availability or compatibility of the Services or Software, on a particular operating system, device, or platform.

6. USE OF BETA SERVICES

If you use any beta services, products, or software offered or made available by Plugr, then you acknowledge that your use of the services, products, or software are governed by separate Beta Program Terms of Use and not by this Agreement.

7. RECORDINGS

You are responsible for compliance with all Laws governing the monitoring or recording of conversations as the Host or Phone Host. A Host or Phone Host can choose to record, for example, meetings, webinars, or a phone call. By using the Services, you authorize Plugr to store recordings. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the recorded session.

8. PROHIBITED USES

You agree that you will not, and will not permit any End Users to, directly or indirectly: (i) use the Services or Software in violation of our Acceptable Use Guidelines (which are hereby incorporated into this Agreement); (ii) modify, customize, disassemble, decompile, prepare derivative works of, create improvements, derive innovations from, reverse engineer, or attempt to gain access to any underlying technology of the Services or Software, including any source code, process, data set or database, management tool, development tool, server or hosting site; (iii) knowingly or negligently use the Services or Software in a way that abuses, interferes with, or disrupts Plugr’s networks, your account, Host rights, or any other user rights, or the Services; (iv) engage in activity that is illegal under applicable Law, fraudulent, false, or misleading; (v) transmit through the Services or Software any material that may infringe, misappropriate, or violate the Proprietary Rights of third parties; (vi) build or benchmark a competitive product or service, or copy any features, functions, or graphics of the Services or Software; (vii) use the Services or Software for the development, production, or marketing of a service or product substantially similar to the Services or Software; (viii) use the Services or Software to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would infringe or violate the Proprietary Rights of any party, or is otherwise unlawful, or would give rise to civil or criminal liability, under any applicable Law; (ix) upload or transmit any software, Customer Content, or code that does or is intended to harm, disable, destroy, or adversely affect performance of the Services or Software in any way or which does or is intended to harm or extract information or data from other hardware, software, networks, or other users of the Services or Software; (x) engage in any activity or use the Services, Software, or your account in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, Software, or any servers or networks connected to the Services or Plugr security systems; (xi) use the Services or Software in violation of any Plugr policy or in a manner that violates applicable Law, including anti-spam, import and export control, intellectual property, privacy, anti-terrorism, anti-bribery, foreign corrupt practices, and any other Laws requiring the consent of subjects of audio and video recordings; (xii) remove, delete, alter, or obscure any Proprietary Rights notices provided on or with the Services or Software, including any copy thereof; (xiii) make, use, or offer the Services or Software for lease, rent, or sale, or reproduce, resell, distribute, publish, display, assign, transfer, sublicense, lend, use on a timeshare or service bureau basis, or use the Services or Software for any commercial or other purpose that is not expressly permitted by this Agreement; or (xiv) make available the Services or Software, or any features or functionality thereof, to any third party for any reason or by any manner, unless expressly permitted by this Agreement or otherwise expressly agreed to in writing by you and Plugr.

9. COMPLIANCE WITH LAWS

You are solely responsible for your and your End Users’ compliance with all Laws that apply to your and your End Users’ access to and use of the Services and Software, including Laws requiring you to provide proper End User notifications and to obtain proper End User consents, which may be necessary to allow Plugr and Plugr’s authorized third parties to access, use, and share Customer Content. You shall comply with, and ensure that all End Users comply with, all applicable Laws in connection with your obligations under this Agreement, including access to and use of the Services and Software.

10. DATA USAGE, LICENSES AND RESPONSIBILITIES

10.1 Customer Content

Data, content, communications, messages, files, documents, or other materials that you or your End Users generate or provide in connection with the Services or Software, together with any resulting transcripts, recordings, outputs, visual displays, or other content, is referred to as Customer Content.

10.2 Permitted Uses and Customer License Grant

Plugr will only access, process or use Customer Content for the following reasons (the “Permitted Uses”): (i) consistent with this Agreement and as required to perform our obligations and provide the Services; (ii) in accordance with our Privacy Statement; (iii) as authorized or instructed by you; (iv) as required by Law; or (v) for legal, safety or security purposes, including enforcing our Acceptable Use Guidelines. You grant Plugr a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license and all other rights required or necessary for the Permitted Uses.

Plugr does not use any of your audio, video, chat, screen sharing, attachments or other communications-like Customer Content (such as poll results, whiteboard and reactions) to train Plugr or third-party artificial intelligence models.

10.3 Our Obligations Over Your Customer Content

Plugr will maintain reasonable physical and technical safeguards to prevent the unauthorized disclosure of or access to Customer Content. Plugr will notify you if it becomes aware of an unauthorized disclosure or unauthorized access to Customer Content. Plugr may use consultants, contractors, service providers, subprocessors, and other Plugr-authorized third parties in connection with the delivery of the Services or Software. Plugr will ensure that any sharing of Customer Content with an authorized third party will be in compliance with applicable Law.

10.4 Customer Responsibilities

You are solely responsible for compliance with all Laws and regulations pertaining to the Customer Content, including Laws requiring you to obtain the consent of a third party to use, license or generate Customer Content and to provide appropriate notices of third party rights. Plugr may delete any Customer Content, at any time without notice to you if Plugr becomes aware that it violates any provision of this Agreement or any applicable Laws. You retain all ownership rights in your Customer Content subject to any license or other rights granted herein.

10.5 Service Generated Data

Telemetry data, product usage data, diagnostic data, and similar data that Plugr collects or generates in connection with your or your End Users’ use of the Services or Software are referred to as Service Generated Data. Plugr owns all rights, title, and interest in and to Service Generated Data.

1. ELIGIBILITY; RESTRICTION ON USE BY CHILDREN

11.1 Eligibility

You affirm that you are of legal age to enter into this Agreement and to use the Services and Software. You affirm that you are otherwise fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. Your access may be terminated without warning if it comes to our attention that you are under the legal age to enter into this Agreement or are otherwise ineligible to enter into this Agreement or to use the Services and Software.

11.2 Restrictions on Use by Children

Plugr is not intended for use by individuals under the age of eighteen (18) years old.

12. PAYMENTS AND CHARGES

12.1 Charges

You agree that Plugr may charge your credit card, debit card, or other payment mechanism selected by you and approved by Plugr (“Payment Method”) for all amounts due and owing in connection with your use of the Services, as set forth in the applicable Order Form or otherwise used or ordered by or for you through the Services, including set up fees, one-time fees, non-recurring fees, overages, per-use charges, subscription fees, recurring fees, and any other fees and charges associated with the Services or your account (“Charges”). As provided in Section 13, unless otherwise expressly specified an Order Form, all Charges are exclusive of Taxes and Fees. You agree to promptly update your Payment Method to allow for timely payment. Changes made to your Payment Method will not affect Charges that Plugr submits to your chosen Payment Method before Plugr could reasonably act on your changes. Additionally, you agree to permit Plugr to use any updated Payment Method information provided by your issuing bank or the applicable payment network and to charge your current primary Payment Method by using the details of such Payment Method saved in our system, even if such Payment Method is declined. Plugr further reserves the right to use your backup Payment Method to the extent one is provided. By adding a backup Payment Method, you authorize Plugr to process any applicable Charges on your backup Payment Method if your primary Payment Method is declined.

12.2 Non-Cancelable and Non-Refundable Charges

You agree that all payments are non-cancelable for the Initial Subscription Term or the then-current Renewal Term, as applicable, and are final and non-refundable, unless otherwise agreed to by Plugr, required by Law, or set forth in your Order Form.

12.3 Changes to Pricing

Plugr may change prices for the Services at any time, in its sole discretion. For changes to your Charges, Plugr will provide you with not less than (i) thirty (30) calendar days prior notice, or (ii) the time period prescribed by applicable Law (each, (i) and (ii), a “Rate Change Notice”). Unless prohibited by the terms of your Order Form, any changes to your Charges will be effective upon the commencement of your next Renewal Term or other date calculated in accordance with applicable Law. If you seek to terminate or modify the Services affected by a Rate Change Notice, then you must terminate or modify your affected Services within the applicable Rate Change Notice time period. If you do not terminate or modify the affected Services within the applicable Rate Change Notice time period, then you shall be deemed to have automatically accepted the change to your Charges, unless your affirmative, express consent to such change is required under applicable Law. If required by applicable Law, we will remind you of your termination and modification right, any applicable time-period, and the consequences of not terminating.

12.4 Promotional Rates and Discounts

Prices specified in an Order Form may include a promotional rate, discount, sale, or special offer, which may be temporary and may expire (i) per the terms of the offer, or (ii) upon the commencement of a Renewal Term. The expiration of the discount or promotional pricing may expire without additional notice to you, unless specified in an Order Form or as required by applicable Law. Plugr reserves the right to discontinue or modify any promotion, discount, sale, or special offer in its sole discretion.

12.5 Collection of Charges

You agree that if Plugr is unable to collect the Charges for the Services through your Payment Method, Plugr may, to the extent not prohibited by applicable Law, take any other steps it deems necessary to collect such Charges from you and that you will be responsible for all costs and expenses incurred by Plugr in connection with such collection activity, including collection fees, court costs, and attorneys’ fees. You further agree that, to the extent not prohibited by applicable Law, Plugr may collect interest at the lesser of 1.5% per month or the highest amount permitted by Law on any Charges not paid when due.

12.6 Support Services and Updates. 

Plugr will provide, at no additional costs, (i) standard support as set forth in our then-current Documentation (see Help Center), and (ii) standard updates to the Services and Software that are made generally available by Plugr to similarly situated customers in the same geographic region during the Initial Subscription Term or any applicable Renewal Term. In accordance with applicable Law and the terms of this Agreement, Plugr reserves the right to (a) modify its standard support and charge you for standard support and (b) charge you for any updates to the Services or for any premium features or functionality.

12.7 Termination or Suspension for Nonpayment

Without limiting our rights in any other section of this Agreement, including 14.3, if any failure to pay Charges continues for five (5) calendar days following the due date, Plugr may terminate, suspend, or disconnect your Services immediately and without prior notice.

12.8 Billing Communications

You agree that Plugr may contact you via email or otherwise at any time with information relevant to your use of the Services, including billing communications, regardless of whether you have opted out of receiving marketing communications or notices.

12.9 Withdrawal; Cooling-Off Period

If under applicable Law you have a time period to terminate your Services based on a right of withdrawal, or a cooling-off period, you may request to terminate the affected Services in accordance with applicable Law and, if applicable, receive a pro rata refund of any prepaid and unused Charges. If the Services begin before any withdrawal or cooling-off period, or you fail to terminate your Services during the right of withdrawal or cooling-off period, then you acknowledge that you lose any termination rights under this Section 12.9. Nothing in this Section 12.9 is intended to limit or exclude any of your rights that cannot be limited or excluded under applicable Law.

13. TAXES

13.1 Taxes and Fees

Unless otherwise expressly specified by Plugr as required by applicable Law, all prices shown by Plugr and Charges for the Services on your account are exclusive of Taxes and Fees. Where applicable, Taxes and Fees will be charged on the invoices issued by Plugr in accordance with applicable Laws. Plugr, in its sole discretion, will (i) calculate the amount of Taxes and Fees due, and (ii) change such amounts without notice to you.

13.2 VAT Invoices

If required by Law, Plugr will issue a VAT invoice, or a document that the relevant taxing authority will treat as a VAT invoice, to you. You agree that this invoice may be issued electronically. VAT meaning: A Value-Added Tax (VAT) invoice is a document issued by an accountable person. A VAT invoice sets out the details of a taxable supply and all related information as prescribed by VAT law. A VAT invoice must issue within 15 days of the end of the month in which goods or services are supplied.

13.3 Tax exemptions

If you are exempt from any Taxes and Fees, you will provide Plugr with all appropriate tax exemption certificates, and/or other documentation satisfactory to the applicable taxing authorities, to substantiate such exemption status. Plugr reserves the right to review and validate tax exemption documentation. If the tax exemption documentation is not provided or not valid, Plugr reserves the right to charge applicable Taxes and Fees to you.

13.4 Payment of Taxes and Withholding 

You will pay Plugr, and you are solely responsible for, any applicable Taxes and Fees. All payments made by you to us under this Agreement will be made free and clear of any deduction or withholding Taxes and Fees, as may be required by applicable Law. If any such deduction or withholding Taxes and Fees (including domestic or cross-border withholding taxes) are required on any payment, you will pay such additional amounts as necessary, such that the net amount received by us is equal to the amount then due and payable under this Agreement. We will provide you with such tax forms as reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Agreement. You also agree to provide Plugr with withholding tax certificates, upon Plugr’s request, to the extent a withholding certificate is required to be sent to Plugr under applicable Law, and you agree that Plugr may provide your withholding tax certificate to the appropriate taxing authority without further notice to you.

13.5 Value-Added Tax – Customer Obligations

If Taxes and Fees are due towards the taxing authorities by you instead of Plugr, through the reverse charge or other similar mechanism, you will provide Plugr with all appropriate evidence for Plugr to demonstrate your business nature, such as a valid VAT registration number (or similar information required under the relevant VAT Laws). Plugr reserves the right to review and validate your VAT registration number. If the VAT registration number is not valid, Plugr reserves the right to nevertheless charge the applicable VAT to you. For the avoidance of doubt, if VAT is due by you to a taxing authority, through the reverse charge or other similar mechanism, you are solely responsible for paying those amounts to the relevant taxing authority, such that Plugr receives the full amount of payment required.

13.6 Tax Determination

Tax determination is principally based on the location where you have established your business based on your Customer Data, or if you are an individual, where you permanently reside. This location will be defined by Plugr as your ‘Sold To’ address. Plugr reserves the right to cross reference this location against other available evidence to validate whether your location is accurate. If your location is inaccurate, Plugr reserves the right to charge you any outstanding Taxes and Fees.

13.7 Use and Enjoyment

If you subscribe to any Services, and those Services are used and enjoyed by a subsidiary of you in a country that is different from your location as determined pursuant to Section 13.6, you confirm that, where required, you will treat this as a supply to your subsidiary. If you subscribe to the Services and those Services are used and enjoyed by a branch or individual in a country that is different to your location as determined pursuant to Section 13.6, you acknowledge that you will inform Plugr of the Services that have been allocated, and you acknowledge that Plugr reserves the right to charge Taxes and Fees based on the use and enjoyment of those Services.

13.8 Disclosures to Taxing Authorities

In accordance with applicable tax Law, and notwithstanding any of Plugr’s notice obligations that may arise under this Agreement, including but not limited to, Section 17.4 or pursuant to our Government Request Guide, we may disclose Customer information, including Customer Confidential Information, to a tax authority without notice to you before or after the disclosure.

More information on our GOVERNMENT REQUEST GUIDE below:

Plugr supports the free and open exchange of thoughts and ideas. We are proud to facilitate meaningful conversations and professional collaboration around the world. Because of our commitments to user privacy, security, and safety, Plugr subjects all government requests to a careful review, and we will not respond to government requests that fail that review.

Plugr Watch, LLC. (“Plugr”) provides these guidelines to law enforcement and government agencies seeking nonpublic information about Plugr’s customers. These guidelines do not apply to requests for customer data issued by anyone other than law enforcement or government agencies, including civil litigants and criminal defendants.

How to submit a request:

Law enforcement and government agencies must submit all inquiries and requests for information or preservation (and extensions) via our Law Enforcement Response System (LERS) here:

As part of Plugr’s mission to make communications frictionless and secure, our Law Enforcement Response Team accepts and processes requests for information through the Plugr Law Enforcement Request System (LERS).

Verified law enforcement agents or government officials can use LERS to securely submit legal process for user data, preservation requests, emergency requests, or withhold access requests.
They can also use Plugr LERS to check the status of a request, track multiple requests and download the response to a request.

You may submit your request through the Plugr LERS system if you are a sworn law enforcement agent or another government official authorized to issue legal process connected with an official investigation.
 
Requirements for all jurisdictions

14. TERM; TERMINATION AND SUSPENSION

14.1 Term; Automatic Renewal

Each Order Form will specify your Initial Subscription Term and any applicable Renewal Term for the Services. Unless your Order Form expressly states otherwise or applicable Law prohibits automatic renewal, each Renewal Term for the Services will begin automatically at the end of the then-current Initial Subscription Term or Renewal Term, as the case may be, unless either party provides written notice of termination or modification of the Services provided under such Order Form (i) at least thirty (30) calendar days prior to the commencement of the next Renewal Term, or (ii) within the notice period required by applicable Law (collectively, (i) and (ii), the “Renewal Notice Period”). In order to terminate or modify the affected Services, you must provide notice to Plugr, via the billing portal (if available for your account) or in an email to renewals@plugr.life, in accordance with the Renewal Notice Period. Any statutory rights you may have under the applicable Laws to terminate your Services at an earlier time during the Initial Subscription Term or any given Renewal Term remains unaffected by this clause, and, if required by applicable Law, we will send you a reminder notice prior to the commencement date of the Renewal Term (and in accordance with the notice periods specified in this Agreement or other such deadline set by applicable Law that may apply to you) reminding you of your right to terminate the affected Services and how to do so.

14.2 Customer Termination

If you have subscribed to one or more Services for a specific term, such termination will be effective as to each such Service on the last day of the then-current term for each applicable Service, provided that you provide proper and timely notice pursuant to Section 14.1. You may terminate this Agreement by providing written notice of termination if Plugr has materially breached this Agreement and has not cured such material breach within thirty (30) business days of Plugr’s receipt of your written notice of such breach. Your notice shall state the specific provision in this Agreement that you contend Plugr has breached and set forth in reasonable detail the facts and circumstances you allege provide the basis for such breach.

14.3 Plugr Termination Rights and Suspension

Notwithstanding anything to the contrary herein, if you fail to comply with any provision of this Agreement or any referenced policies, guides, notices, or statements, Plugr may (i) immediately suspend your access to the Services, or (ii) terminate this Agreement, effective immediately. If Plugr chooses to suspend your Services and the failure to comply continues, Plugr may exercise any or all of its termination rights in this Section 14.3. Additionally, Plugr may terminate this Agreement, for any reason or no reason, upon thirty (30) business days’ advance notice.

14.4 Effect of Termination or Suspension

Upon any termination of this Agreement, you must cease any further use of the Services and Software, except for any access rights granted in Section 14.5. No expiration or termination of this Agreement will affect your obligation to pay all Charges that may have become due before such expiration or termination, including that Plugr may retain any Charges previously paid by you if this Agreement is terminated, unless prohibited by applicable Law. If your Services are suspended for your failure to comply with this Agreement, you will be liable for all Charges due and owing during the period of suspension.

14.5 Deletion and Access to Customer Content After Termination

For thirty (30) calendar days following expiration or termination of this Agreement, Plugr will provide you access to retrieve your Customer Content, after which time your Customer Content will be deleted according to applicable Law, this Agreement, and our regularly scheduled deletion protocols, policies, and procedures. All access during the period set forth in this Section 14.5 is provided to you subject to and governed by this Agreement.

15. MODIFICATIONS TO THIS AGREEMENT

15.1 General Changes

Plugr may make modifications, deletions, and additions to this Agreement (“Changes”) from time to time in accordance with this Section 15.1. When Changes are made, Plugr will indicate the effective date of the Changes at the top of the Terms of Service or in our Service Description. Changes to this Agreement do not create a renewed opportunity to opt out of arbitration (if applicable). If you continue to use the Services after the effective date of the Changes, then you agree to the revised terms and conditions. In some instances, Plugr may notify you of a Change and also may request express confirmation of your consent to a Change. If a Change requires a specific notice pursuant to applicable Law, Plugr will provide you with such notice in the manner prescribed by applicable Law, together with any required notification of your rights.

15.2 Other Changes

You agree that Plugr may modify, delete, and make additions to its guides, statements, policies, and notices, with or without notice to you, and for similar guides, statements, policies, and notices applicable to your use of the Services by posting an updated version on the applicable webpage. In most instances, you may subscribe to these webpages using an authorized email in order to receive certain updates to policies and notices.

15.3 Change Notifications

It is your responsibility to keep your email address up to date for any notices that Plugr may send to you from time to time and to regularly review this Agreement by reviewing these Terms of Service and the Services Description.

16. PLUGR PROPRIETARY RIGHTS; FEEDBACK

16.1 Feedback

If you or any of your employees, contractors, agents, or End Users send, transmit, or otherwise provide any feedback, comments, suggestions, questions, or the like, regarding the Services or Software, including any ideas, know-how, concepts, enhancements, recommendations, or other information relating to the Services or Software, including suggesting or recommending changes to the Services or Software such as new features or functionality relating thereto (collectively, “Feedback”), you acknowledge that (i) Plugr owns, and Plugr shall retain ownership of, all right, title, and interest in and to such Feedback, including any Proprietary Rights therein, and (ii) Plugr may, but is not required to use, the Feedback, including any Proprietary Rights therein, for any purpose whatsoever without any attribution, financial compensation, or reimbursement of any kind to you or any third party. You hereby unconditionally and irrevocably assign and agree to assign to Plugr on your behalf, and you shall cause your employees, contractors, agents, and End Users to unconditionally and irrevocably assign and agree to assign, all right, title, and interest in and to the Feedback, including all Proprietary Rights relating thereto. All Feedback is and will be treated as Plugr Confidential Information until Plugr, in its sole discretion, chooses to make any specific Feedback non-confidential.

16.2 Ownership of Plugr Property

Plugr, its affiliates, its licensors, and suppliers (as applicable) own and shall retain ownership of (i) all Service Generated Data (as provided in Section 10.5), (ii) all Feedback (as provided in Section 16.1), (iii) the Services and Software, and any underlying or other technology and intellectual property embodied or contained in, used to provide or support, or otherwise associated or provided in connection with, the Services or Software, including all Proprietary Rights related thereto, and (iv) all trade names, trademarks, service marks, trade dress, logos, icons, insignia, symbols, interface and other designs, domain names and corporate names, and the like (whether registered or unregistered) (“Plugr Marks”) associated or displayed with the Services or Software, together with the goodwill associated with any of the foregoing Plugr Marks (all of the foregoing, collectively “Plugr Property”). You may not frame or utilize framing techniques to enclose any Plugr Marks, or other proprietary materials or information (including images, text, page layout, or form) of Plugr without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing Plugr Marks without our express prior written consent. No rights to use the Plugr Marks are provided to you herein.

16.3 Reservation of Rights

Plugr reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any Proprietary Rights or other right, title, or interest in or to any Plugr Property or other intellectual property provided in connection with this Agreement or the Services or Software.

17. CONFIDENTIALITY

17.1 Definition “Confidential Information” means: (i) with respect to Plugr, any information disclosed by, for, or on behalf of Plugr, directly or indirectly, to you or any End User in connection with this Agreement, the Services or Software, or learned or accessed by you or any End User in connection with the Services or Software, including business information, development plans, product roadmap details, systems, strategic plans, source code, services, products, pricing, methods, processes, financial data, programs, trade secrets, know-how, and marketing plans, however it is conveyed in any form or medium, together with all information derived from the foregoing, and any other information that is designated as being confidential (whether or not it is marked as “confidential”) or which is known by you or the End User or reasonably should be understood by you or the End User to be confidential (“Plugr Confidential Information”); and (ii) with respect to you, any information disclosed by you to Plugr that (a) must be kept confidential pursuant to applicable Law or (b) is sensitive security and technical information that is clearly and conspicuously marked as “confidential” by you (“Customer Confidential Information”). Customer Content is not Customer Confidential Information; however, Customer Content will be protected in accordance with Section 10.3.

17.2 Exclusions

Confidential Information does not include information that: (i) is already rightfully known to the receiving party at the time it is received, free from any obligation to keep such information confidential; (ii) becomes publicly known or available through no act or omission of the receiving party or any third party; (iii) is rightfully received from a third party without restriction and without breach of this Agreement; or (iv) is independently developed by the receiving party without the use of the disclosing party’s Confidential Information.

17.3 Obligation of Confidentiality

You and Plugr shall take reasonable steps to maintain the confidentiality of each other’s Confidential Information using measures that are at least as protective as those taken to protect its own information of a similar sensitivity, but in no event using less than a reasonable standard of care. Neither you nor Plugr will disclose the other party’s Confidential Information to any person or entity except to its employees, advisors, and attorneys who have a strict need to know the information in connection with this Agreement and who are bound by confidentiality obligations at least as protective as the provisions herein. In addition to the foregoing permitted disclosures, Plugr also may disclose Customer Confidential Information to its consultants, contractors, service providers, sub processors, and other third parties who are bound by confidentiality obligations at least as protective as the confidentiality provisions herein.

17.4 Permitted and Compelled Disclosures

Notwithstanding the restrictions in this Section 17 and without limiting any other rights of Plugr, including our disclosure rights without notice in Section 13.8, we may disclose Customer Confidential Information received in connection with this Agreement, the Services, or Software to the extent authorized in our Government Request Guide or as required by applicable Law; provided, however, that Plugr will first notify you, unless providing such notice or timely notice is: (i) prohibited by applicable Law; or (ii) determined by Plugr in its sole discretion to be (a) a risk or potential risk of harm to a person or to the health of a person, (b) a risk or potential risk of damage to property, (c) an emergency, or (d) a threat to the Services, Software, or Plugr’s rights or property.

18. THIRD PARTY PROPRIETARY RIGHTS

You agree to not, and to not permit any End User to, post, modify, distribute, or reproduce in any way in connection with your or your End Users’ use of the Services or Software any copyrighted material, trademarks, or other proprietary material that may infringe, misappropriate, or otherwise violate another’s Proprietary Rights without obtaining the prior written consent of the owner of the Proprietary Rights. You represent and warrant that you are either the author of all Customer Content to be provided under this Agreement or have obtained and hold all rights necessary to provide such Customer Content and receive all Customer Content in the form provided by Plugr, in connection with your or your End Users’ use of the Services or Software. Plugr may deny access to the Services to any End User who is alleged to infringe another person’s Proprietary Rights and may remove any stored Customer Content upon Plugr’s receipt of notice by the Proprietary Rights owner (e.g., a takedown request).

19. APPLE iOS TERMS OF USE

By accessing or downloading a Plugr application from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement (“Apple Terms”). This Agreement governs if there is a conflict with the Apple Terms.

20. MEDICAL DEVICE

You agree that Plugr Services and any Software provided under this Agreement, even if also subject to a separate business associate agreement, does not include, constitute, or otherwise consist of any medical device, product, or service cleared or approved by the U.S. Food and Drug Administration and are not intended for use in the diagnosis of, cure of, mitigation of, treatment of, or prevention of, any diseases, ailments, or conditions.

21. THIRD-PARTY INTEGRATIONS AND OFFERINGS

The Services or Software may interoperate, integrate, or be used in connection with third party offerings and services (“Third-Party Offerings”). Plugr is not responsible for, and Plugr hereby disclaims any liability for, any act or omission of any provider of Third-Party Offerings or the operation of any Third-Party Offerings, including access to, modification of, or deletion of data, regardless of whether Plugr or a Service endorses, approves, or supports any such Third-Party Offerings. Plugr does not guarantee the interoperation, integration, or support of any Third-Party Offerings. may, at any time, in its sole discretion, modify the Services or Software, which may result in the failed interoperation, integration, or support of Third-Party Offerings. You have sole discretion whether to purchase or connect to any Third-Party Offerings, and your use of any Third-Party Offering is governed solely by the terms of such Third-Party Offerings.

22. EXPORT RESTRICTIONS

You acknowledge that the Services and Software, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774 of the United States, and may be subject to other applicable country export control and trade sanctions Laws, including the Export Administration Regulations, 15 C.F.R. Parts 730-774 of the United States, and programs maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) (collectively, “Export Control and Sanctions Laws”). Plugr will provide the U.S. export classification(s) applicable to its Services and Software upon request. You and your End Users may not access, use, export, re-export, divert, transfer, or disclose any portion of the Services or Software or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. You represent and warrant that: (i) you and your End Users (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions of Ukraine) and that you and your End Users will not access or use the Services or Software, or export, re-export, divert, or transfer the Services or Software, in or to such countries or territories; (b) are not persons, or owned or controlled by 50% or more, individually or in the aggregate, by persons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists or any similar applicable list maintained by a country’s regulatory authority; and (c) are not persons on, affiliates of persons on, the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) you and your End Users located in Belarus, Myanmar (Burma), Cambodia, China, Russia, or Venezuela are not Military End Users and will not put Plugr Services or Software to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) no Customer Content created or submitted by you or your End Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and Sanctions Laws; and (iv) you and your End Users will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by the U.S. Department of Commerce or the U.S. Department of the Treasury. Any list of countries specifically included in this clause will be deemed to be updated to the extent that any country or territory is added or removed under the Export Control and Sanctions Laws. You are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications.

23. NO HIGH RISK USE AND SAFE USE

THE SERVICES AND SOFTWARE ARE NOT DESIGNED FOR USE IN HAZARDOUS OR HIGH-RISK ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, COMBAT OPERATIONS, OR WEAPONS SYSTEMS. YOU SHALL NOT USE THE SERVICES AND SOFTWARE FOR OR IN CONNECTION WITH ANY HIGH-RISK ENVIRONMENT. YOU FURTHER AGREE NOT TO USE THE SERVICES OR SOFTWARE IN AN UNSAFE MANNER, INCLUDING WHILE DRIVING, WALKING, OR OTHERWISE WITHOUT YOUR FULL ATTENTION WHERE RISK TO YOU, YOUR END USERS, OR OTHERS MAY ARISE OR RESULT.

24. NO WARRANTIES

YOU AGREE THAT THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND PLUGR, ITS AFFILIATES, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLUGR, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO GUARANTEE, PROMISE, WARRANTY, OR REPRESENTATION (i) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE, (ii) REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR SOFTWARE, OR (iii) THAT THE SERVICES OR SOFTWARE WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES OR SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR THE PERFORMANCE OF THE SERVICES OR SOFTWARE REMAINS WITH YOU. PLUGR DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY DATA, INCLUDING CUSTOMER CONTENT AND CUSTOMER DATA, USER INFORMATION, OR COMMUNICATIONS BETWEEN USERS. USE OF THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK.

25. INDEMNIFICATION

To the extent not prohibited by applicable Law, you agree to indemnify, defend, and hold Plugr and its affiliates and each of our licensors and suppliers (“Indemnified Parties”) harmless, including any officers, directors, employees, shareholders, members, consultants, and agents of the Indemnified Parties, from any third party allegation, claim, proceeding, liability, damage, or cost (including reasonable attorneys’ fees) arising out of or related to (i) your or your End User’s use of the Services or Software, (ii) your or your End User’s breach of this Agreement or violation of applicable Law, (iii) your or your End User’s infringement or violation of any Proprietary Rights or other right of any person or entity, (iv) your relationship with your End User or any dispute between you and your End User, or (v) a personal injury or property damage to a third party relating to your or your End User’s acts or omissions.

26. LIMITATION ON LIABILITY

READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.

PLUGR AND ITS AFFILIATES AND EACH OF THEIR LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY:
  • SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
  • ​LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY;
  • ​UNAUTHORIZED ACCESS TO, LOSS OF, DELETION OF, OR ALTERATION OF SYSTEM DATA, CUSTOMER CONTENT, OR CUSTOMER DATA;
  • ​COSTS RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
  • ​TERMINATION, SUSPENSION, DISCONTINUANCE, OR DISCONNECTION OF THE SERVICES;
  • ​A FAILURE OF YOUR INTERNET SERVICES, DOWNTIME, OR MAINTENANCE;
  • ​OUR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES; OR
  • ​DAMAGES, IN THE AGGREGATE FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEEDING THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.
THESE EXCLUSION OF DAMAGES AND LIMITATIONS ON AVAILABLE DAMAGES APPLY TO ALL CLAIMS, OBLIGATIONS, AND LIABILITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), STATUTE, CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF PLUGR, ITS AFFILIATES, OR OUR LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY BE INCURRED BY YOU AND EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF DAMAGES OR LIMITATIONS ON LIABILITY, THE ABOVE LIMITATION ONLY APPLIES TO YOU TO THE EXTENT THAT THE EXCLUSIONS OF DAMAGES OR LIMITATIONS ON LIABILITY ARE NOT PROHIBITED UNDER APPLICABLE LAW.

27. DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER

You agree to resolve certain disputes with Plugr through binding arbitration (“Arbitration Agreement”). Arbitration means that an arbitrator, and not a judge or a jury, will decide the dispute. The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. This Arbitration Agreement supersedes all prior versions.

27.1 Covered Disputes

You and Plugr agree that any dispute or claim between you and Plugr arising out of or relating to this Agreement or the Services (a “Dispute”), including any related software, hardware, integrations, advertising or marketing communications, your account, or any aspects of your relationship or transactions with Plugr, will be resolved by binding arbitration, rather than in court. For purposes of this Arbitration Agreement, a Dispute will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement. LAWSUITS AND ARBITRATIONS HAVE BEEN FILED, OR MAY BE FILED IN THE FUTURE, WHICH COULD AFFECT YOU. YOUR AGREEMENT TO THIS ARBITRATION AGREEMENT COULD AFFECT YOUR PARTICIPATION IN THOSE ACTIONS.

27.2 Exceptions to Arbitration

This Arbitration Agreement shall not require arbitration of the following types of claims brought by either you or Plugr: (i) small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.

27.3 Informal Dispute Resolution First

We want to address any Disputes without needing arbitration. If you have a Dispute with Plugr, prior to initiating arbitration, you agree to mail an individualized request (“Pre-Arbitration Demand”) to ATTN: Litigation Department, Plugr, LLC., 1309 Coffeen Avenue Suite #15424 Sheridan, WY 82801so that we can work together to resolve the Dispute. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature. Likewise, if Plugr has a Dispute with you, Plugr will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Plugr account. If the Dispute is not resolved within sixty (60) calendar days of when either you or Plugr submitted a Pre-Arbitration Demand, an arbitration can be brought. If you or Plugr have a Dispute involving claims under the exception to arbitration in Section 27.2(2), then this Section 27.3 does not apply to such Dispute. You agree that compliance with this Section 27.3 is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.

27.4 Arbitration Procedure

If, after completing the informal dispute resolution process set out in Section 27.3, either you or Plugr wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you shall be sent to the Plugr Litigation Department address in Section 27.3. Plugr will send any arbitration demand to the email address associated with your Plugr account or to your counsel, if any. You and Plugr agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Agreement. If the FAA cannot apply for whatever reason, then the state laws governing arbitration procedures where you reside apply.

The applicable arbitration provider depends on where you live. If you are a California resident, the arbitration shall be administered by ADR Services, Inc. (“ADR Services”) under its Arbitration Rules, available at https://www.adrservices.com/services-2/arbitration-rules. If you are not a California resident, the arbitration shall be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. This Agreement will govern to the extent it conflicts with the arbitration provider’s rules. If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator shall be appointed to resolve that dispute.

Arbitration hearings will take place through videoconferencing by default, unless you and Plugr agree upon another location in writing. A single arbitrator will be appointed. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. An arbitration award shall have no preclusive effect in another arbitration or court proceeding involving Plugr and a different individual. The arbitrator shall have the exclusive authority to resolve all threshold arbitrability issues, including whether this Agreement is applicable, unconscionable, or enforceable, as well as any defense to arbitration. However, a court has exclusive authority to rule on the Mass Action Waiver in Section 27.6, including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.

If a request to proceed in small claims court (see Section 27.2(1)), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. If you or Plugr challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Arbitration Agreement as to your Dispute. However, such court determination shall have no preclusive effect in another arbitration or court proceeding involving Plugr and a different individual.

27.5 Jury Trial Waiver You and Plugr hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. 

You and Plugr are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 27.2 above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.

27.6 Mass Action Waiver. 

You and Plugr agree that, except as specified in Section 27.7 below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis, and the parties hereby waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.

Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section 27.6 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Plugr agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and shall be pursued in the state or federal courts located in Sheridan, Wyoming. This subsection does not prevent you or Plugr from participating in a class-wide settlement of claims.

27.7 Bellwether Arbitrations

To increase the efficiency of administration and resolution of arbitrations, you and Plugr agree that if there are fifty (50) or more individual arbitration demands of a substantially similar nature brought against either party by or with the assistance of the same law firm, group of law firms, or organizations within a one hundred and eighty (180) day period (“Mass Filing”), the parties shall select sixteen (16) individual arbitration demands (eight (8) per side) for arbitration to proceed (“Bellwether Arbitrations”). Only those sixteen (16) arbitration demands shall be filed with the arbitration provider, and the parties shall hold in abeyance, and not file, the non-Bellwether Arbitrations. Plugr will pay the arbitration provider’s costs for the sixteen (16) Bellwether Arbitrations. The statutes of limitation, including the requirement to file within one (1) year in Section 27.10 below, shall remain tolled when non-Bellwether arbitration demands are held in abeyance. While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance.

All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (i) whether the Bellwether Arbitration process is applicable or enforceable, (ii) whether particular demand(s) are part of a Mass Filing, and (iii) whether demands within a Mass Filing were filed in accordance with this Agreement, including Section 27.3. In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s costs shall be paid by Zoom.

The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.

Following resolution of the Bellwether Arbitrations, the parties agree to engage in a global mediation of all remaining arbitration demands comprising the Mass Filing (“Global Mediation”). The Global Mediation shall be administered by the arbitration provider administering the Bellwether Arbitrations. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within thirty (30) calendar days following the mediation, the remaining demands for arbitration comprising the Mass Filing shall be filed and administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules, unless the parties mutually agree otherwise in writing. Any party may request that the arbitration provider appoint an Administrative Arbitrator to determine threshold questions regarding the newly filed demands.

The parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration process, including the payment of filing and administrative costs for the Bellwether Arbitrations, deferring any filing costs associated with the non-Bellwether Arbitration Mass Filings until the Bellwether Arbitrations and subsequent Global Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Bellwether Arbitration provision shall in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. The statutes of limitation applicable to each arbitration demand within a Mass Filing, including the requirement to file within one (1) year in Section 27.10 below, shall remain tolled from the time a party makes a Pre-Arbitration Demand to the time when that party files the arbitration demand with the arbitration provider.

27.8 Settlement Offers and Offers of Judgment. 

At least ten (10) calendar days before the date set for the arbitration hearing, you or Plugr may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer (which, solely for purposes of offers of judgment, may include reasonable attorneys’ fees to the extent they are recoverable by statute, in an amount not to exceed the damages awarded).

The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual settlement offer(s) or offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

27.9 Arbitration Costs

Except as provided for in a Mass Filing (see Section 27.7), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you may be entitled to a waiver of certain arbitration costs.

27.10 Requirement to File Within One Year

To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Agreement (with the exception of disputes under Section 27.2(2)) must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines shall be tolled while the parties engage in the informal dispute resolution process required by Section 27.3 above.

27.11 Opt-Out

You may reject this Arbitration Agreement and opt out of arbitration by sending an email to opt-out@plugr.life within (i) thirty (30) calendar days of April 1, 2025 if you are an existing user, or (ii) thirty (30) calendar days of the date you created your account if you are a new user. Your opt-out notice must be individualized and must be sent from the email address associated with your individual Plugr account. An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties. No individual (or their agent or representative) may effectuate an opt out on behalf of other individuals. Your notice to opt-out must include your first and last name, address, the email address associated with your Plugr account, and an unequivocal statement that you decline this Arbitration Agreement. If you do decide to opt out, that opt out will apply to this Arbitration Agreement and all previous versions thereof, and neither party will have the right to compel the other to arbitrate any Dispute. However, all other parts of this Arbitration Agreement will continue to apply to you, and opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may enter into in the future with us.

27.12 Severability

Except as provided in Section 27.6 above, if any provision of this Arbitration Agreement is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

28. ANONYMIZED AND AGGREGATED DATA

You agree that Plugr may obtain and aggregate technical and other data about your and your End Users use of the Services and Software on a de-identified or anonymized basis (“Aggregated Anonymous Data”), and Plugr may use the Aggregated Anonymous Data in accordance with applicable Law, including to analyze, develop, improve, support, and operate the Services and Software provided to you or other unrelated customers, during and after the term of this Agreement, including to generate industry benchmarks or best practices guidance, recommendations, or similar reports.

29. US STATE LAW PRIVACY ADDENDUM

Where we process your personal data, personal information, or personally identifiable information in the provision of Services to you, you acknowledge that Plugr is acting on your behalf and you determine the means and purposes of the processing.

If you are (i) a “business” and we process “personal information” (as those terms are defined by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020) on your behalf, (ii) a “controller” and we process “personal data” (as those terms are defined by other applicable US state data privacy Laws) on your behalf, or (iii) you meet both criteria set out in (i) and (ii), then our US State Law Privacy Addendum is incorporated herein by reference and applies to our “processing” of your “personal information” and “personal data” (as those terms are defined under the aforementioned Laws).

30. S. FEDERAL GOVERNMENT AND OTHER GOVERNMENT USERS

This Section 30 applies if you are a governmental or public entity, including the U.S. federal government or any agency or instrument of any federal, state, or local governmental entity. The Software is “commercial computer software” and the Services are “commercial services,” as defined at 48 C.F.R. § 2.101, and constitute “commercial computer software,” as defined in 48 C.F.R. § 252.227-7014(a)(1) and as used in 48 C.F.R. §§ 12.212 and 227.7202. This commercial computer software and related Documentation is provided to you and your End Users for use, by you and on your behalf, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. This Agreement, including (by way of example only) Sections 12.3 Changes to Pricing; 12.7 Termination or Suspension for Nonpayment; 14 Term, Termination and Suspension; 15 Modifications to this Agreement; 25 Indemnification; 27 Dispute Resolution, Arbitration Agreement, and Class Action Waiver; 33.3 Governing Law; Jurisdiction and Venue, apply to you except to the limited extent you are prohibited by applicable Laws of your jurisdiction from accepting such terms. If and to the extent any provision of this Agreement is so prohibited, such provision will be deemed modified only to the extent reasonably necessary to conform to applicable Law, but to give maximum effect to this Agreement and the applicable terms as written.

31. POLICIES; DATA PROCESSING ADDENDUM

31.1 Privacy Statement

You consent to and agree to our Privacy Statement, and you are on notice of and acknowledge that our collection, sharing, and processing (which may include organizing, structuring, storing, using, or disclosing) of your personal data will be subject to our Privacy Statement and, if applicable, our Global Data Processing Addendum and US State Law Privacy Addendum.

31.2 Guides, Notices, and Other Policies

You consent to and agree to our applicable guides, statements, notices including our Plugr Phone Acceptable Use Policy, Plugr Phone Numbering Policy, Acceptable Use Guidelines, 911 U.S. Notice, 911 Canada Notice, EU Emergency Calling Notice, and Government Requests Guide, and you are on notice of and acknowledge that use of the Services by you or your End Users is subject to these guides, notices, and policies.

31.3 Data Processing Addendum

If you are a business, enterprise, or education account owner and your use of the Services requires Zoom to process an End User’s personal data under a data processing agreement, Plugr will process such personal data subject to Plugr’s Global Data Processing Addendum.

32. MARKETING

You grant Plugr permission and the right to (i) identify you as a customer and to use your logo across Plugr marketing materials (e.g., the Plugr Website, emails, presentations, brochures), and (ii) develop content around your experience as a Plugr customer (e.g., a written case study or video case study). Any content created under the foregoing clause (ii) of this Section 32 will be created in cooperation with you and used only upon your written approval. Plugr will use any trademarks provided by you pursuant to clause (i) of this Section 32 in accordance with any reasonable brand guidelines that you provide to us in writing prior to our use.

33. MISCELLANEOUS

33.1 Assignment; Successors and Assigns.

You may not assign your rights or transfer any of your obligations under this Agreement without our prior express written consent. Any purported assignment or transfer in violation of this section is null and void. We may assign our rights or transfer any or all of our obligations under this Agreement at any time, without prior notice to you, (i) in the event of a merger, acquisition, or sale of all or substantially all of our assets, or (ii) to our affiliate. This Agreement is binding upon, and inures to the benefit of, the parties and their respective permitted successors and assigns.

33.2 Governing Law; Jurisdiction; and Venue. 

The laws of the State of Wyoming, U.S.A., regardless of conflict of laws principles, govern all matters arising out of or relating to this Agreement, including its interpretation, construction, performance, and enforcement, except that the Federal Arbitration Act governs provisions relating to arbitration. Notwithstanding the above, you and Plugr agree that this paragraph does not preclude either you or us from initiating any proceedings (including nullity proceedings) before the United States Patent Trial and Appeal Board (PTAB), United States Trademark Trial and Appeal Boards (TTAB), the United States Patent and Trademark Office (PTO), the United States Copyright Office, or any foreign patent, trademark, or copyright office, as long as any such proceeding relates to the validity, enforceability, or unenforceability of any copyright, patent, trademark, or other intellectual property right owned or assigned to either you or Plugr. If you are acting as a consumer under this Agreement and are domiciled in a Member State of the European Union or the European Economic Area, or in the United Kingdom, the foregoing choice of governing law will not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the Laws applicable to you where you habitually reside.

33.3 Language and Translations. 

All notices and communications under this Agreement must be provided in the English language. If we provide a translation of the English-language version of this Agreement, then the English-language version of this Agreement controls in the event of conflict or inconsistency.

33.4 Merger; Integration. 

This Agreement constitutes and embodies the final agreement between you and Plugr and contains the complete and exclusive expression of your and our agreement pertaining to its subject matter. All prior or contemporaneous writings, negotiations, and discussions between you and Plugr regarding the subject matter hereof are expressly merged into and superseded by this Agreement. We expressly object to and do not agree to any terms and conditions presented by you that are in addition to or different from those contained in this Agreement or an Order Form. You acknowledge that no terms and conditions presented by you that purport to add to, modify, or vary the terms and conditions of this Agreement or an Order Form will be binding on us, including (i) text or information set forth on any purchase order, email correspondence, invoice or invoice process, or preprinted form, or (ii) terms and conditions of any request for proposal, request for bid, request for information, or questionnaire. In entering into this Agreement, neither you nor Plugr has relied upon any statement, representation, warranty, or agreement of the other party except to the extent expressly contained in this Agreement.

33.5 No Agency Relationship. 

Plugr and you are independent contractors and do not intend to create an express or implied agency relationship by entering into this Agreement, whether arising under federal or state common law of agency.

33.6 No Third-Party Rights or Remedies. 

This Agreement does not and is not intended to confer any enforceable rights or remedies upon any person other than Plugr and you.

33.7 Notice. 

We may give notice to you by (i) electronic mail to your email address on record in your account information, (ii) written communication sent by letter delivered by a nationally recognized overnight delivery service, or (iii) first-class postage prepaid mail to your address on record in your account information. You are responsible for ensuring that your email address and property address on record are current. You agree that any notice sent to the then-current email or property address in our systems is adequate and binding notice upon you. You will provide notice to us (such notice is deemed given when received by Plugr) by letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail to Plugr at “Attention Legal Dept., Plugr, LLC., 1309 Coffeen Avenue Suite #15424, Sheridan, WY 82801, USA.”

33.8 Severability. 

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement are not affected or impaired in any way. You and Plugr intend that any invalid, illegal, or unenforceable portions of this Agreement will be interpreted to provide the greatest effect and intent of the original. If a construction of the invalid, illegal, or unenforceable portion is not possible, the invalid, illegal, or unenforceable portion will be severed from this Agreement and the rest of this Agreement will remain in full force and effect.
33.9 Survival. All sections of this Agreement which, by their nature should survive termination or expiration, will survive, including sections pertaining to confidential information, Plugr’s Proprietary Rights, license rights granted by you to Plugr, payment obligations, warranty disclaimers, indemnification, arbitration, and the limitation on liability.

33.10 Waiver. 

Plugr’s failure to exercise any right or enforce any condition or provision under this Agreement does not operate as a current or future waiver. For any waiver to be effective against us, the waiver must be in a writing signed by Plugr’s duly authorized representative.

33.11 Interpretation. 

Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural and vice versa, where appropriate and unless otherwise specified. Any use of the term “e.g.” or “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.”

34. DEFINITIONS.

The following definitions apply to this Agreement. Service-specific definitions are located in the Plugr Services Description.

“Customer Data” means information provided to Plugr so that Plugr can fulfill the terms of this Agreement and provide access to the Services (e.g., company name, billing address, taxpayer ID number, VAT registration number, contact name and information).

“End User” means a Host or Participant who uses the Services.

“Host” has the meaning given in the Plugr Services Description.

“Initial Subscription Term” means the initial subscription term for a Service as specified in an Order Form.

“Law” means all U.S. or non-U.S. national, regional, state, provincial or local law, statute, rule, regulation, ordinance, administrative ruling, judgment, decree, order, directive, or policy applicable to Plugr’s provision of and your use of the Services or Software.

“Meeting” has the meaning in the Plugr Services Description.

“Participant” has the meaning in the Plugr Services Description.

“Phone Host” has the meaning in the Plugr Service Description.

“Proprietary Rights” means any copyright, patent, trade secret, know-how, trademark, servicemark, trade name, rights of publicity, or other intellectual property or proprietary rights.

“Renewal Term” means the renewal subscription term for a Service commencing after the Initial Subscription Term or another Renewal Term as specified in an Order Form.

“Services” means (i) any services described in the Services Description and made available to you as set forth in an Order Form that references this Agreement, (ii) any free services provided by Plugr to you, in its sole discretion, in connection with this Agreement and whether or not described in the Services Description, (iii) any support services provided by Plugr to you in accordance with our then-current Documentation, an Order Form that references this Agreement, or both, and (iv) the Plugr Website, including any access to or use of the Plugr Web-based Application.

“Taxes and Fees” means all applicable sales, use, environmental or regulatory taxes (including VAT), fees, tariffs, duties (including customs duties), or other charges, surcharges or assessments of similar nature (including any penalty or interest payable in connection with any failure to pay or any delay in paying any of the foregoing) levied on or otherwise associated with the provision of the Services to you or your use thereof (exclusive of any income tax imposed on Plugr).

“VAT” means any value added tax, and any other tax of a similar nature, whether imposed in a Member State of the European Union in substitution for, or levied in addition to, such tax, or imposed elsewhere, any Goods and Services Tax, PIS/COFINS, any similar indirect Tax or any Tax analogous thereto imposed in connection with, or otherwise relating to, the Services rendered by Plugr to you.

“Plugr Web-based Application” means Plugr’s web client available through the Plugr Website that allows you and End Users to join a Meeting in a web browser without downloading any plugins or software.

“Plugr Website” means Plugr’s website located at https://plugr.life/ or such other website as Plugr may maintain from time to time.

Terms of Service Update Notes:

Updates to Section 10 to clarify Plugr’s data usage practices, narrow the scope of Plugr’s licenses and clarify that Plugr does not use audio, video or chat Customer Content to train its artificial intelligence models.
 
PLUGR Acceptable Use Guidelines

Plugr's Trust and Safety Principles

Plugr is dedicated to delivering happiness to our users.

We bring together a diverse community of people to collaborate with each other.
We view it as a great privilege to support the variety of users who entrust us with their communications, from our roots in business to families and friends, to hospitals, legislatures, schools and universities.

We take seriously our duty to safeguard the free and open exchange of thoughts and ideas on Plugr.
We care deeply for our users and the virtual and physical communities in which they live, work, and play.

We are committed to providing our users with a welcoming, respectful and safe place to work, learn, play and share their voices.

Abuse

You may not engage in the targeted harassment of someone or encourage others to do so. We consider abusive behavior as an attempt to harass, intimidate, or silence someone else’s voice. Accounts that do so may be permanently suspended.

Hateful conduct

You may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We reserve the right to consider and add additional categories. You may not use your username, display name or profile information to abuse or threaten anyone. Accounts that do so may be permanently suspended. Moreover, there is no place on Plugr for organizations that promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.

Hateful Conduct Policy

There is no place for hateful conduct on Plugr. If you engage in hateful conduct, including, for example, posting or sending hateful imagery, making violent threats, targeting others with hateful or abusive speech, including profanity, or encourage anyone else to do those things, you will be blocked from Plugr.

We believe that hateful conduct is conduct that promotes violence against or directly attacks or threatens other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We will not allow access to Plugr to those who have used or intend to use it for the purpose of inciting harm towards others on the basis of these categories.

We believe that hateful imagery includes logos, symbols, or images whose purpose is to promote hostility and malice against others based on their race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. Some examples of hateful imagery include:

symbols historically associated with hate groups (e.g., the Nazi swastika);

images depicting others as less than human, or altered to include hateful symbols (e.g., altering images of individuals to include animalistic features);

images altered to include hateful symbols or references to a mass murder that targeted a protected category (e.g., manipulating images of individuals to include yellow Star of David badges, in reference to the Holocaust).

We believe violent threats include declarative statements of intent to inflict injuries that would result in death or serious and lasting bodily harm. We also believe that hateful or abusive speech, including the use of profanity to harass or abuse, has no place on Plugr. Please see our Violent Threats Policy for more information.

If you are found to have violated this policy, you will be permanently suspended from Plugr. If you believe our finding is wrong, you can submit an appeal.

Glorification of violence

You may not use Plugr to threaten or call for violence, serious physical harm, death, or disease to an individual or group of people. We also prohibit the celebration of any violent act that may inspire others to replicate it or that targets people because of their membership in a protected group. Repeated violations will result in permanent suspension.

There is no place for violent threats or the glorification of violence on Plugr.

We believe that violent threats include statements of an intent to kill or inflict serious physical harm on a specific person or group of people. We define stating an intent includes statements like “I will”, “I’m going to”, or “I plan to”, as well as conditional statements like “If you do X, I will.” Some examples of violent threats include:

threatening to kill someone;

threatening to sexually assault someone;

threatening to seriously hurt someone and/or commit a violent act that could lead to someone’s death or serious physical injury;

asking for or offering a financial reward in exchange for inflicting violence on a specific person or group of people.

Illegal or certain regulated goods or services

You may not use Plugr to promote, trade, or engage in the following:
Counterfeit goods and services;

Drugs and controlled substances;

Human smuggling or trafficking;

Products made from endangered or protected species;

Sexual services;

Gambling, betting or wagering activities;

Unauthorized multi-level marketing businesses;

Stolen goods; or

Content related to weapons - including firearms, ammunition, and explosives - that takes place outside of a safe and controlled environment. You may not use Plugr for content related to homemade weapons, including bombs, 3D printed guns, etc. You also may not use Plugr to engage with weapons in a way that violates other Acceptable Use Guidelines or Plugr’s Terms of Service.

Sensitive content

Sensitive content is prohibited on Plugr. We define sensitive content as content that depicts or promotes graphic violence, adult content, gratuitous gore, hateful imagery, and child exploitation material. We consider graphic violence to be any form of gory media related to death, serious injury, violence, or surgical procedures. We consider adult content to include pornography and other content intended to cause sexual arousal, and most nudity. We consider child exploitation material to be any content that depicts or promotes sexual abuse or activity involving children. This type of content will not be tolerated on Plugr. Accounts that violate the Sensitive Content Policy may be permanently suspended.

Sensitive Content Policy

There is no place on Plugr for certain sensitive content, including graphic violence, adult content, gratuitous gore, hateful imagery, and child sexual exploitation material.

We believe graphic violence is media that depicts death, violence, or serious physical injury in graphic detail. Some examples include:

violent crimes or accidents;

physical fights;

physical child abuse;

bodily fluids including blood, feces, semen, etc.;

serious physical harm, including visible wounds; and

severely injured or mutilated animals.

We believe adult content is any media that is pornographic or intended to be sexually gratifying, whether photo or video, cartoon or animated. In the case of nudity, we restrict it by default to prevent people from sharing non-consensual or underage content, and out of consideration for those in our communities who may be sensitive to it. We understand that nudity can be shared for a variety of reasons, including for educational or medical reasons. Where such intent is clear, we may make allowances.

We believe gratuitous gore is any media that depicts excessively graphic or gruesome content related to death, violence or severe physical harm, or violent content that is shared for sadistic purposes. Some examples include:

dismembered or mutilated humans;

charred or burned human remains;

exposed internal organs or bones;

animal torture or killing (exceptions are made for food preparation or processing, and hunting).
We believe child sexual exploitation material is any content that depicts or promotes sexual abuse or activity with children. Some examples include:

visual depictions of a child engaging in sexually explicit or sexually suggestive acts;

illustrated, computer-generated or other forms of realistic depictions of a human child in a sexually explicit context, or engaging in sexually explicit acts;

sexualized commentaries about or directed at a known or unknown minor;

links to third-party sites that host child sexual exploitation material;

sharing fantasies about or promoting engagement in child sexual exploitation;

expressing a desire to obtain materials that feature child sexual exploitation;

recruiting, advertising or expressing an interest in a commercial sex act involving a child, or in harboring and/or transporting a child for sexual purposes;

sending sexually explicit media to a child;

engaging or trying to engage a child in a sexually explicit conversation;

trying to obtain sexually explicit media from a child or trying to engage a child in sexual activity through blackmail or other incentives; and

identifying alleged victims of childhood sexual exploitation by name or image.

If you are found to have violated the Sensitive Content policy, you will be blocked from the Plugr platform. If you believe our finding is wrong, you can submit an appeal.

If the violation is related to child sexual exploitation material Plugr will make a report to the National Center for Missing and Exploited Children or other entities as required by law. Where warranted, we may make a report to law enforcement.

Suicide or self-harm

You may not promote or encourage suicide or self-harm. When we receive reports that a person is threatening suicide or self-harm, we may take a number of steps to assist them, such as reaching out to that person and providing resources such as contact information for mental health professionals. If you see any information on Plugr indicating that someone might harm themselves, please let us know as soon as possible by filing this report.

Violent extremist groups

We prohibit accounts that affiliate with organizations that use or promote violence against civilians to further their causes, either on or off the platform.

Terrorism and Violent Extremism Policy

There is no place for terrorist or violent extremist groups on Plugr, or for those who affiliate with them or promote their activities.

We believe terrorist organizations are those groups subject to national and international terrorism designations.

We believe violent extremist groups are those groups that:

identify through their stated purpose, publications, or actions as an extremist group; have engaged in, or currently engage in, violence and/or the promotion of violence as a means to further their cause; and

target civilians in their acts and/or promotion of violence.

We will examine a group’s activities both on and off Plugr to determine whether they engage in and/or promote violence against civilians to advance a political, religious and/or social cause.

Some specific examples of prohibited conduct under this policy:

engaging in or promoting acts on behalf of a terrorist organization or violent extremist group;
recruiting for a terrorist organization or violent extremist group;

providing or distributing services (e.g., financial, media/propaganda) to further a terrorist organization’s or violent extremist group’s stated goals;

using the insignia or symbols of terrorist organizations or violent extremist groups to promote them.
If you are found to have violated this policy, you will be blocked from the Plugr platform. If you believe our finding is wrong, you can submit an appeal.

Private information

You may not post other people's private information without their express permission, or threaten to do so, or try to get others to do so. In other words, no doxxing. Accounts that do so may be permanently suspended. Private information can include home address or physical location information, including street addresses, GPS coordinates or other identifying information related to locations that are considered private; identity documents, including government-issued IDs and social security or other national identity numbers; photo images of them; contact information, including non-public personal phone numbers or email addresses; financial account information, including bank account and credit card details; and other private information, including biometric data or medical records.

Spam

You may not use Plugr to spam anyone. Accounts that do so may be permanently suspended. Spam is generally defined as mass unsolicited or aggressive activity that attempts to manipulate or disrupt Plugr or the experience of Plugr users to drive traffic or attention to unrelated accounts, products, services, or initiatives.

Copyright, trademark, defamation, right of publicity, and impersonation

You may not upload or distribute content on Plugr that you do not have a right to transmit under any law, including trademark and copyright law, or under contractual or fiduciary relationships. You also may not use Plugr to defame others, impersonate anyone, or use another’s name or image without their permission. Accounts that do so may be permanently suspended.

Copyright is a form of legal protection for original works, like books, movies, photos and music. Copyright law prevents others from copying or displaying another’s work without permission subject to a few exceptions, most commonly fair use. “Fair use” is typically a use for criticism, comment, news reporting, teaching, scholarship, or research.

A trademark is a word, logo, phrase, or design that distinguishes a trademark owner’s good or service in the marketplace. Trademark law prevents someone from using a trademark to confuse others about whether a product or service is authentic, or to suggest that there is a relationship with the trademark owner when there is not.

Defamation (slander/libel) is to make false statements about someone that damage that person’s reputation.

The “right of publicity” is using someone else’s name, persona, or image for marketing or advertising purposes without their permission.

Impersonation is pretending to be someone you are not.

Updates

Plugr's policies may require modifications in order to comply with applicable laws and regulatory requirements. Any such changes to Plugr's policies will be posted here. If you would like to receive notification of updates to our policies, please provide your email address in the box below.

We appreciate your effort in reading these Terms. It is the understanding of these Terms and agreement to abide by them that will improve the experience for all users. We want you to have the best possible user experience, so please email us at legal@plugr.life with any questions or concerns regarding our Terms.

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