Terms of Service

updated 5/31/2021

General Terms

This Terms of Service Agreement applies to all desktop and mobile applications released by Plooh LLC, also referred to as “Plooh”or “Plooh application”

Plooh uses the Dial Network to exchange data between parties. The Dial Network is a set of public, unsupervised computers that interact with one another with the purpose of enabling peer to peer, privacy enhanced digital interaction among users. Any computer on the internet can join the Dial Network without permission.

By installing or using Plooh, you confirm that you are in agreement with and bound by the terms of use contained in the Terms & Conditions outlined below.

Under no circumstances shall Plooh LLC be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use Plooh or the Dial Network - even if Plooh LLC or an authorized representative has been advised of the possibility of such damages. If your use of Plooh results in the need of servicing, repair or correction of equipment or data, you assume any costs thereof, and Plooh LLC will not be responsible for any outcome that may occur during the course of usage of that Plooh.

We reserve the right to change and revise these terms at any moment.



License

Plooh LLC grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use Plooh strictly in accordance with the terms of this agreement. These Terms & Conditions are a contract between you and Plooh LLC (referred to in these Terms & Conditions as "Plooh LLC", "us", "we" or "our"), the provider of Plooh. You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use any Plooh application.

In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to


Restrictions

You agree not to, and you will not permit others to:

● Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of Plooh.

● Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Plooh LLC or its affiliates, partners, suppliers or the licensors of Plooh.



Your suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively "Suggestions") provided by you to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

Our Terms & Conditions provide you with complete transparency into what data is collected when you use Plooh. By using Plooh you hereby consent to our Terms & Conditions.

Changes To Our Terms and Conditions

You acknowledge and agree that we may stop (permanently or temporarily) providing Plooh (or any features within Plooh) at our sole discretion, without prior notice to you. You may stop using Plooh at any time. You are not obligated to inform us when you stop using Plooh. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date above.

We reserve the right, at its sole discretion, to modify or replace this agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to install or use Plooh after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use any Plooh.

We may modify Plooh and change our policies, and we may need to make changes to these Terms so that they accurately reflect new versions of Plooh and corresponding policies. Unless otherwise required by law, we will notify you (for example, through Plooh) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use Plooh, you will be bound bythe updated Terms. If you do not want to agree to these or any updated Terms, you can delete or uninstall Plooh.

Updates of Plooh

We may from time to time provide enhancements or improvements to the features/functionality of Plooh, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of Plooh. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of Plooh to you. You further agree that all updates of Plooh will be (i) deemed to constitute an integral part of that Plooh, and (ii) subject to the terms and conditions of this agreement.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This agreement shall remain in effect until terminated by you or us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this agreement with or without prior notice. This agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this agreement. You may also terminate this agreement by deleting all Plooh and all copies thereof from your computer. Upon termination of this agreement, you shall cease all use of any Plooh and delete all copies of Plooh from your computer. Termination of this agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this agreement) of any of your obligations under the present agreement.

Copyright

If you are a copyright owner or such owner's agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.



Indemnification

You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of Plooh; (b) violation of this agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

Plooh are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to Plooh, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may ariseout of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that Plooh will meet your requirements, achieve any intendedresults, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of Plooh, or the information, content, and materials or products included thereon; (ii) that Plooh will be error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Plooh; or (iv) that Plooh, or messages sent from or on behalf of Plooh are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the use of any Plooh application. To the maximum extent permitted by applicable law, in no event shallwe or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use Plooh, third-party software and/or third-party hardware used with Plooh, or otherwise in connection with any provision of this agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continuein full force and effect. This agreement, in coalition with the Privacy Policy and any otherlegal notices published by Plooh LLC, shall constitute the entire agreement between you and us concerning the use of Plooh. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right orprovision under this agreement shall not constitute a waiver of such right or provision.

STATUTE OF LIMITATIONS: YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Plooh MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of anobligation under this agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this agreement and any applicable purchase or other terms, the terms of this agreement shall govern.

Entire Agreement

The agreement constitutes the entire agreement between you and us regarding your use of Plooh and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.



Intellectual Property

Plooh and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Plooh LLC's INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and us concerning Plooh or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send anyNotice of Dispute via email. We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address if we have it. You and us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or us may commence arbitration.

Binding Arbitration

If you and us don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submisions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts forany purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

We may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through Plooh, which terms and conditions are made a part of this agreement by this reference.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged forthe purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Plooh are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to install Plooh from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this agreement are for convenience only and will not be given any legal import.

Disclaimer

We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. Plooh and their contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, our exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible viPlooh. Without limiting the foregoing, we specifically disclaim all warranties and representations in any content transmitted on or in connection with Plooh or on sites that may appear as links in Plooh, or in the products provided as a part of, or otherwise in connection with Plooh, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. No oral advice or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice.

Contact us

Don't hesitate to contact us if you have any questions.
Via Email: support@plooh.com