PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
1. Key Definitions
“Plunjr”, “we”, “us” and/or “our” refers to Plunjr, a California corporation (“Plunjr”), and any of our aﬃliates.
“Services” refers to, individually and collectively, our video call, and related services, support, and websites (including www.plunjr.com).
“Documentation” refers to: this Agreement; any written communication between us, including, without limitation, any letters, invoices or other correspondence; any electronic form of communication between us, including, without limitation, any emails, videos (whether hosted on YouTube or other services), any information or payment transmitted via our app, or calendar invitations; and any other written, recorded or livestream communication between us and you, even if the communication includes others.
“You” and “your” refer to individuals using or otherwise interacting with our Services.
3. Fees, Payments, and Taxes
Fees and Payment. Customer agrees to pay the applicable fees as quoted by Plunjr (the “Fees”). All Fees are non-cancelable and non-refundable except as expressly stated herein. Plunjr reserves the right to change the Fees or applicable charges and/or to institute new charges and Fees at the end of the initial term or the then current renewal term upon thirty (30) days’ prior notice (which may be sent by email). If you believe that Plunjr has billed you incorrectly, you must contact Plunjr no later than sixty (60) days after the date on which the believed error or problem appeared.
Credit Card Payment. You authorize Plunjr to charge the Fees and any other charges you may incur in connection with the Service to your card in advance on a periodic basis in accordance with the terms of this Agreement. You are responsible to keep your card and all associated information (such as the expiration date of a credit card) current at all times. If a payment is not successfully received, (a) Plunjr reserves the right to suspend the Service until such time as payment is successfully received, including any past due payments and (b) you authorize Plunjr to continue charging your card, as it may be updated. Plunjr is not responsible for any transaction or other fees you may incur by using a credit card.
Taxes. The Fees payable hereunder are exclusive of any sales, use, excise, value added, import, or other applicable deductions, withholdings, taxes, tariﬀs or duties (“Taxes”) unless otherwise set forth. You are solely responsible for payment of all Taxes except for any taxes based solely on Plunjrs’ net income. If you are required to pay any Taxes, you shall pay such Taxes with no reduction or oﬀset in the Fees payable to Plunjr. If Plunjr has the legal obligation to pay or collect Taxes for which you are responsible, you agree to pay such Taxes and agree that Plunjr will charge your card for those Taxes.
4. Term and Termination
The term (“Term”) of this Agreement shall commence on your acceptance of this Agreement as evidenced by your downloading or use of the Services. You may terminate this Agreement by uninstalling the application and terminating your use of the Services. Plunjr may at any time and without advance notice modify or restrict your use of the Services if Plunjr determines, in its sole discretion, that your use of the Services: (a) violates this Agreement; (b) violates any laws, regulations, court orders, or other governmental order; (c) violates any intellectual property rights of Plunjr or a third party; (d) is disruptive or causes a malfunction of the Services; or (e) may expose Plunjr to potential legal liability. If you do not correct the violation within ten (10) days thereafter, Plunjr may terminate this Agreement. Plunjr may suspend or terminate the Services, in its sole discretion, if you fail to timely pay any amounts required under this Agreement. Upon termination of this Agreement, all rights to the Services terminate immediately. If this Agreement is terminated due to your violation, you remain liable for the full charge for the Term during which your use of the Services is restricted. If this Agreement is terminated by Plunjr, you agree not to re-register for or otherwise access the Services without Plunjr’s prior written approval. Plunjr may delete any data files associated with your use of the Services upon termination of this Agreement.
5. Refund Policy
Due to the nature of the Services, including the pay-for-use feature, no refunds are given. If you are unable to use the Services due to a problem you think is the fault of Plunjr, you must notify Plunjr within 48 hours.
6. Modification, limitation and discontinuance of Service
Plunjr reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and Plunjr shall not be liable to You for any such modiﬁcation, suspension or discontinuance of the Service. You agree that Plunjr will not be liable to you or to any third party for any such limitation, modiﬁcation, change, suspension or discontinuance of the Service. You agree that Plunjr may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. You agree that Plunjr has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that Plunjr has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7. Proprietary Rights and Feedback
Ownership. Customer acknowledges and agrees that (a) the Service, the Plunjr application and associated hosting services “(Software”) and the Documentation are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (b) Plunjr owns and retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Service, the Software, the Documentation, any other deliverables, any and all related and underlying technology and any derivative works or modiﬁcations of any of the foregoing, (c) there are no implied licenses to Customer under this Agreement and any rights not expressly set forth in this Agreement are hereby expressly reserved by Plunjr, (d) the Software and access to the Service are licensed, not sold and Customer acquires no ownership or other interest (other than the license rights expressly stated herein) in or to the Service, the Software and the Documentation and (e) the Service is oﬀered as an on-line, hosted solution, and Customer has no right to obtain a copy of the Service itself.
Feedback. From time to time, customer may provide Plunjr with suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the service or software (“Feedback”). Feedback shall not be deemed to constitute conﬁdential Information or to impose any conﬁdentiality obligations on Plunjr. Customer agrees that Plunjr is free to use, disclose, reproduce, license or otherwise distribute and exploit any Feedback as it sees ﬁt, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
8. Limited Warranty and Disclaimer
Limited Warranty. Plunjr warrants that the Services will be provided in material compliance with the Documentation and to maintain the Services in a manner that minimizes errors and interruptions in the service. However, the Services may be temporarily unavailable for scheduled or emergency maintenance, either by Plunjr or by third-party providers, or because of other causes beyond Plunjrs’ reasonable control. Plunjr will use reasonable eﬀorts to provide customer with advance notice of any scheduled maintenance.
DISCLAIMER. THE ABOVE WARRANTY IS YOUR EXCLUSIVE WARRANTY AND PLUNJR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND FURTHER ACKNOWLEDGE THAT PLUNJR DOES NOT WARRANT THAT (A) THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (B) THE SERVICE IS NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE OR (C) THE FEATURES OR FUNCTIONALITIES OF THE SERVICE WILL BE AVAILABLE AT ANY TIME IN THE FUTURE. YOU ARE RESPONSIBLE AND PLUNJR SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR PROPOSED USE OF THE SERVICE COMPLIES WITH APPLICABLE LAWS.
IF THE SERVICE PROVIDED IS A NO-CHARGE EVALUATION OR BETA RELEASE: NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE SERVICE IS PROVIDED BY PLUNJR IN AN “AS IS” CONDITION AS TO PERFORMANCE, ACCURACY, AND/OR COMPLETENESS WITH NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Plunjr is not responsible for any delays, failures or other damage resulting from such problems.
10. Limitation of Liability
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL PLUNJR BE LIABLE WITH RESPECT TO ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, FOR (A) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) DAMAGES BASED ON LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR BREACHES IN SYSTEM SECURITY OR (C) ANY DAMAGES THAT EXCEED THE TOTAL FEES PAID AND/OR OWED BY CUSTOMER FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT PLUNJR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Conﬁdentiality and Non-Use. You understand that, in connection with this Agreement, Plunjr may disclose business or technical information relating to Plunjr’s business. Such information shall be considered the “Conﬁdential Information” of Plunjr. Plunjr’s Conﬁdential Information includes, without any marking or further designation, (a) any trade secrets, know-how, inventions (whether or not patentable), techniques, ideas, or processes related to the Services, (b) the Software, (c) the design and architecture of the Services, (d) the computer code, internal documentation, and design and functional speciﬁcations of the Services (e) any problem reports, analysis and performance information related to the services and (f) reports, analyses and/or other information relating to Plunjr’s security and security practices (“Security Information”).
Exceptions. The foregoing obligations shall not apply with respect to any information that (a) is or becomes generally available to the public through no fault of the recipient, (b) was rightfully in its possession or known by it prior to receipt from Plunjr, (c) is rightfully disclosed to you without restriction by a third party that is not in violation of any obligation of conﬁdentiality or (d) was independently developed without use of any Conﬁdential Information of Plunjr (except for patentable subject matter, which shall not be subject to this exception). Notwithstanding the foregoing, subsections (b)-(d) will not apply with respect to Security Information.
You may disclose Conﬁdential Information to the minimal extent required to be disclosed by law; provided that you will give Plunjr prompt notice to allow Plunjr a reasonable opportunity to obtain a protective order and such Conﬁdential Information disclosed to the extent required by law shall otherwise remain conﬁdential and subject to the protections and obligations of this Agreement.
12. User Data, Content, and Recording
User Data. In order to set up accounts and use the Services, you may provide information, such as IP address, username, password, and personally identiﬁable information (e.g., name, phone number, email address, etc.) (“User Data”). You grant Plunjr and its subcontractors the right to store, process and retrieve User Data in connection with providing and supporting the Services. If applicable, you warrant that you have obtained required consent from your users to transfer User Data to Plunjr and to process the User Data as contemplated by the Services, and agree that Plunjr may transfer to, store and process User Data where Plunjr uses facilities in connection with the Services in order to provide the Services and support the Services. If Plunjr cannot comply with this section, your sole and exclusive remedy shall be to terminate this Agreement and cease using the Services.
Data Use. By the nature of providing the Service, Plunjr collects certain data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (such as Meeting start/end times, number of Meetings conducted, meeting duration, underlying network quality in terms of latency, jitter, packet loss, etc. (“Data”). Plunjr shall have the right to collect and analyze such Data, and you grant Plunjr the right to use and disclose such Data (during and after the Term) solely in an aggregate or other de-identiﬁed form to improve and enhance the Services, for other development, diagnostic and corrective purposes in connection with the Services and other oﬀerings, or otherwise in connection with Plunjr’s business.
Customer’s conﬁdential information includes, without marking or further designation, (g) the content, including content (deﬁned below), of video conferences that customer creates and stores via the services and (h) the usernames and passwords of customer’s Users.
Content. You may display, upload and store ﬁles, recordings, sound, music, graphics and images in connection with your use of the Service (“Content”). You represent and warrant that you own, or have the necessary permissions to use and authorize the use of such Content. You grant Plunjr and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to host, cache, copy, store and display such Content for the purpose of and in conjunction with providing and supporting the Service. You acknowledge and agree that, except as expressly set forth herein, (a) Plunjr is not responsible in any manner for your Content, (b) you assume all risk associated with your Content and the transmission of your Content and (c) you have sole responsibility for the accuracy, quality, legality, and appropriateness of your Content.
Recording. The Service may provide a function that allows you to record individual Meetings. You have the option to enable or disable the recording function. You are solely responsible for complying with all laws in any relevant jurisdiction when using this feature. Plunjr has implemented technical and organizational measures designed to secure any video calls that you record and store from accidental loss and from unauthorized access, use, alteration or disclosure. However, Plunjr cannot guarantee that unauthorized third parties will not be able to defeat those measures. You acknowledge that you are storing such information at your own risk.
You agree to indemnify, defend and hold harmless Plunjr, its oﬃcers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) your use of the Services; (b) any violation of this Agreement by you; (c) the inaccurate or untruthful Content or other information provided by you to Plunjr or that you submit, transmit or otherwise make available through the Service; or (d) any intentional or willful violation of any rights of another or harm you may have caused to another. Plunjr will have sole control of the defense of any such damage or claim.
14. Entire Agreement
This Agreement governs your use of the Service and constitutes the entire agreement between you and Plunjr. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Plunjr regarding the subject matter contained in this Agreement. Your rights and obligations under this Agreement cannot be assigned or transferred without written consent of Plunjr.
15. Governing Law and Jurisdiction
This Agreement, and any legal claim, suit, action or proceeding arising out of this Agreement, whether sounding in contract, tort or otherwise, shall be governed by and construed in accordance with the internal laws of the State of California without giving eﬀect to any choice or conﬂict of law provisions or rules in any jurisdiction. Each party irrevocably submits to the exclusive jurisdiction of the federal courts of the United States or the courts of the State of California, in each case located in San Mateo County for the hearing of any such suit, action or proceeding to, and waives any objection based on improper venue or forum non conveniens. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in force.
16. Modification of Terms and Conditions
Plunjr reserves the right to modify and/or update the Service and/or any components thereof, the Documentation, its support policies, its security and privacy policies and any other information and/or policies at Plunjrs’ sole discretion and without notice; provided that such changes shall not materially decrease the functionality of the Service that Customer has subscribed to during the then current term. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES. BY USING THE SERVICES, YOU ACCEPT THESE TERMS AND CONDITIONS.