Terms of Service

Last updated September 14, 2023

This Terms of Use Agreement is a legal agreement between you (“Subscriber” or “you”) and Plentive (“Company” or “we”). Company makes its online subscription service (the “Subscription Service”), including the underlying software (“Software”) available to subscribers as part of the Subscription Service, available on Company’s website, subject to the following terms and conditions. Any rights not expressly granted herein are reserved by Company.

In consideration of Company’s provision of the Subscription Service and related services to you, you agree with Company as follows:

OWNERSHIP AND DATA USAGE RIGHTS. Any account information you upload to the Software remains your exclusive property and cannot be shared by the Company in any form with any other person or entity, except as required by law.

PRIVACY POLICY. Please refer to Plentive.com for Plentive’s Privacy Policy. Our Privacy Policy is subject to change at any time. You will be notified by email of any changes.

USE OF SOFTWARE. The Software and accompanying files and documentation available on Plentive.com and any related domains are the copyrighted works of Company and may be used only for the purposes described in this Agreement. You may not copy, download, reverse engineer, modify or distribute the Software in any way without Company’s express prior written permission.

WARRANTIES AND DISCLAIMERS: You understand that the Software can be used for transmission of your content, and that during processing, your content may be transferred unencrypted over the internet. You understand that the Company uses third party vendors and hosting partners to provide necessary hardware, software, networking, storage and related technology to run the Software. We make no warranties regarding (i) your ability to use the Software, (ii) your satisfaction with the Software, (iii) that the Software will be available at all times, uninterrupted, and error-free, (iv) the accuracy of mathematical calculations performed by the Software, and (v) that bugs or errors in the Software will be corrected. The Company, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Software. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR INTERRUPTIONS OF BUSINESS. Your sole remedy for dissatisfaction with the Software is to stop using the Software.

TERMS OF SERVICE

This End User Subscription License Agreement is a legal agreement between you (“Subscriber” or “you”) and Plentive (“Company” or “we”). Company makes its online subscription service (the “Subscription Service”), including the underlying software (“Software”) available to subscribers as part of the Subscription Service, available on Company’s website, subject to the following terms and conditions. Any rights not expressly granted herein are reserved by Company.

In consideration of Company’s provision of the Subscription Service and related services to you, you agree with Company as follows:

  1. ACCESS TO SOFTWARE. You acknowledge and agree that the Subscription Service, Website, Software and other materials that may be made available as part of the Subscription Service may be modified and updated from time to time, in Company’s sole discretion.
  2. SUBSCRIBER’S PAYMENT OBLIGATIONS.  You agree to subscribe and pay for an annual subscription. Subscriber’s credit card will be charged in advance.
    1. ANNUAL SUBSCRIPTION. Subscriber’s credit card will be billed every 365 days, in advance of Subscriber’s usage of the Software.
    2. REFUNDS. A full refund may be requested within 90 days of your subscription purchase, provided that you meet the following criteria:
      1. The refund request must be made in writing.
      2. The request must be submitted within 90 days from the date of your subscription purchase.
    3. SUBSCRIPTION CANCELATION. You can cancel the Subscription Service any time prior to your next billing cycle and you won’t be charged again. You are however solely responsible for the charges already incurred. The Company reserves the right to discontinue the Subscription Service if in the opinion of the Company the Software is being used in an unacceptable or inappropriate manner.
    4. PRICING UPDATES. The Company reserves the right to change the pricing of the Software from time to time. We agree that no change in pricing can occur without a prior written 30-day notice.
  1. SUBSCRIPTION PLAN AND PRICING.
    1. SUBSCRIBER TEAM MEMBERS. Subscriber Team Members are any of the Subscriber’s Employees (full-time, part-time, permanent, temporary, etc.) as well as any sub-contractors that the Subscriber inputs into the Subscription Service.
    2. USERS. A User is any of the Subscriber Team Members that have access to view their incentives and potential incentives in the Subscription Service.
  1. STATE AND LOCAL TAXES. The Company will not collect state or local taxes from the Subscriber. Subscriber is solely responsible to pay any related state and/or local taxes.
  2. OWNERSHIP AND DATA USAGE RIGHTS. Any account information you upload to the Software remains your exclusive property and cannot be shared by the Company in any form with any other person or entity, except as required by law.
  3. SERVICE LEVEL AGREEMENTS AND PRIVACY POLICY. Please refer to Plentive.com for Plentive’s SLA and Privacy Policy. Our SLA and Privacy Policy are subject to change at any time. You will be notified by email of any changes.
  4. JURISDICTION. This Agreement shall be governed by the laws of the State of Utah, excluding conflicts of laws rules. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to this Agreement.
  5. USE OF SOFTWARE. The Software and accompanying files and documentation available on Plentive.com and any related domains are the copyrighted works of Company and may be used only for the purposes described in this Agreement. You may not copy, download, reverse engineer, modify or distribute the Software in any way without Company’s express prior written permission.
  6. INDEMNIFICATION. You agree to indemnify and hold Company harmless from and against any and all actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including attorneys’ fees) that Company may incur or suffer in connection with your Subscription and/or any Subscriber Materials or by reason of the breach or alleged breach of any of your obligations under this Agreement.
  7. MISCELLANEOUS. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Company with respect to the Subscription Service. Except for the Privacy Policy and any binding contract between you and Company, this Agreement supersedes all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and Company with respect to the Subscription Service. If any term of this Agreement is found void or unenforceable, all other terms shall remain in full force and effect. The failure to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.

I agree to the above details and agree to purchase the Subscription Service from the Company. I am 18 years or older.