Plume Labs Terms of Use

Please read these Terms of Use (the “Terms”) carefully because they govern the purchase of any products (“Products”) you buy from Plume Labs SAS (“Plume Labs,” “us” or “we”) and services (the “Services”) you receive from us, unless you have signed a separate written agreement with us that supersedes these Terms. Any software installed in our Products or offered with our Products is licensed to you, not sold. You may only use this software for its normal, intended use with our Products and in accordance with the Software License section below. When we say “sell” and “purchase” in these Terms, we mean “sell” and “purchase” only with respect to the non-software elements of the Product. These Terms apply whether or not they are included with the Products sold hereunder.

Ordering Products

If you want to purchase Products from us, simply click on the Pre-Order button and follow the directions on-screen. Once you place your order, we’ll email you with an order confirmation (“Order Confirmation”) that indicates that we have accepted your order. We’re not bound to sell you any Product until we have accepted and processed your payment. With your Order Confirmation, we’ll confirm the quantity of Products you purchased and their price. Our acceptance of your order is expressly conditioned on your unconditional acceptance of these Terms, even if you communicate with us otherwise. We do not accept any changes to or rejections of these Terms that you may communicate to us in any form and all such terms and conditions will be null and of no effect. The terms of our Return Policy apply to any purchase and are incorporated herein by reference.

Pre-Orders

Plume Labs is conducting pre-order sales for our Products whereby Plume Labs takes orders and payment for our Products to be shipped at a future date (“Pre-Orders”). To secure a Pre-Order you will be required to pay for the Product in full when you place the order. At the time you place a Pre-Order, Plume Labs will be able to provide an estimated timeframe for the shipment of the Product or service, but such estimates are not guaranteed and may be revised, extended or modified by Plume Labs. You will be contacted prior to shipment to supply a correct shipping address for the Product. Should you decide to cancel a Pre-Order prior to shipment of the Product and receive a refund, you must contact Plume Labs by contacting our Customer Support Team by email (support@plumelabs.com) or by clicking on the contact us link at flow.plumelabs.com (or its local versions: eu.plumelabs.com and uk.plumelabs.com).

Order Cancellation

You may cancel your order any time before your purchased Product ships and, if your payment has already been processed, receive a full refund. Details of our Return Policy can be found on flow.plumelabs.com (or its local versions: eu.plumelabs.com and uk.plumelabs.com).

Shipment and Delivery

We may provide a single shipping method and carrier, or multiple methods and carriers, for Product delivery, at our sole discretion. You will be responsible for all freight, packing, insurance and other shipping-related costs and expenses, and these will be noted on your order screen before you make your purchase. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product’s loss passes to you.

You understand that all scheduled shipment dates and estimated shipment dates are estimates only. We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If you purchase multiple Products, we may send you your Products in installments and charge you separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we’re not able to charge your payment method or you fail to pay for your purchase, we have the right to delay or suspend shipment of the Products.

Prices and Taxes

The prices for the Products will be as specified during checkout and in your Order Confirmation.

For Pre-Orders in the United States, our fees only include New York State Sales Tax where such New York State Sales Tax is applicable. If the Products are subject to Sales Tax in any jurisdiction other than New York State and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. You agree to indemnify us for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to customers in the United States that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Eligibility

YOU MUST BE AT LEAST 18 YEARS OF AGE TO PURCHASE OUR PRODUCTS. By purchasing or ordering the Product, you represent and warrant that: (i) you are 18 years of age or older; (ii) any Order information you submit to Plume Labs is truthful and accurate; (iii) you will maintain the accuracy of such information; and (iv) your use of the Product or our Services does not violate any applicable law or regulation. Plume Labs may refuse a sale of a Product or access to its Services to anyone at any time, in its sole discretion for any or no reason.

Indemnity

You agree to defend, indemnify, and hold Plume Labs, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to your violation of these Terms and your participation in Disclaimed Activities, or for liabilities, interest, penalties or fees assessed against us arising from any failure by you to pay any required taxes.

Limitations of Liability

SUBJECT TO OUR RETURN POLICY, THE PRODUCT AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT AND SERVICES IS AT YOUR OWN RISK, AND IN NO EVENT WILL PLUME LABS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT PLUME LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND PLUME LABS HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL PLUME LABS’ LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO PLUME LABS BY YOU FOR THE PRODUCT AND SERVICES THAT GIVES RISE TO THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Software License

Subject to your compliance with these Terms, Plume Labs grants you a limited non-exclusive, non-transferable, non-sublicenseable license to use the software in the Product (the “Software”), as part of your use of the Product for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality of the Software available to multiple users through any means. Plume Labs reserves all rights in and to the Software not expressly granted to you under these Terms. All Software is protected by U.S. copyright law and international treaties.

Privacy Policy

You understand that any information provided by you or collected by us in connection with your use of our website, the Products and our Services will be used in the manner described in these Terms of Use and in our Privacy Policy, such privacy policy (the “Privacy Policy”) being incorporated into and made a part of these Terms by this reference. If you do not agree to the Privacy Policy you may not use the Services.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Plume Labs and you regarding the purchase of the Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Plume Labs and you regarding such a purchase. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Plume Labs’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Plume Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Plume Labs under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to flow.plumelabs.com (or its local versions: eu.plumelabs.com and uk.plumelabs.com). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Plume Labs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Plume Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, please contact Plume Labs by sending an email to support@plumelabs.com.