Terms of Use | Plum - The Online Project Management

These Terms of Use constitute the terms and conditions of use of the Service provided by Plum:

Plum SaaS
11, Chemin de la Batterie
13008 Marseille
France
SIRET 530 252 790 00023

Last updated Wednesday, October 19, 2011.

General
By accessing or using the Plum service developed, operated, maintained and hosted by Plum SaaS, including all the websites available and configured for use within the Internet domain called "plum.pro", you agree to be bound by this Agreement.
BY CLICKING ON THE BOX "I ACCEPT THE TERMS OF USE", YOU GIVE YOUR CONSENT AND YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE LATEST THAT GOVERN YOUR USE OF THE SERVICE PLUM.
IF YOU JOIN THIS AGREEMENT ON BEHALF OF A CORPORATION OR PHYSICAL, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON TO THESE TERMS.
The Plum SaaS company, Plum holder and publisher of the tool Plum, reserves the right to update and / or modify these Terms without notice.
All new features that raise or improve the current Service, including the introduction of new tools and new resources will be subject to these terms of use.
The mere use of Plum mark your consent to such changes. An updated version of these conditions is always available at: http://www.plum.pro/en/terminos-de-uso.
A breach of any term of these terms of use will result in termination of your account.

Definitions
- "The Account" means the person or entity who registers and activates the services provided by Plum SaaS and is responsible for payments for these services.
- "The User" means the person (that is to say the employee's account or a third party) which, following an invitation from the account gets access to the Services.
- "Service(s)" means Internet services Plum SaaS, the software online partner, and other services.
- "Subscription" means an account for access to features governed by specific conditions of use as defined in the service, against payment of a fee for a defined period.
- "Content" means any data, information or visual materials, written or audio, including without limitation the following: documents, spreadsheets, text messages, registration forms, wiki pages, digital media files and other similar documents that are uploaded to the server, transfer, publicly edited, processed or entered in the Account or the Services by Users.
- "Contract" means the conditions set forth in this document and available on the Plum service, that all accounts and users accept by completing the registration form.
- "Privacy Policy" means the privacy policy of Plum SaaS defining security policy and accessibility of the service, available on the Website, and that all accounts and users consent by accepting the Agreement.
- "Security Policy" means the security policy that defines SaaS Plum terms of information gathering and dissemination practices for the purpose of service, available on the Plum service, and that all accounts and users agree in accepting the contract.
- "Third Party" means the natural or legal persons who are not the Account or the User and that have not access to the Services.
- "You" means you as a user and / or an Account as defined above.

Your Account and Your Users
- You must be aged 13 or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not allowed.
- You agree to notify to Plum SaaS any alleged breach of this Agreement.
- You are entitled to provide users access to the Service. You know and agree to be responsible for users who you allow access to the Service.
- You warrant that all information relating to details, billing data and the Account information relating to his bank card, if any, is correct and you agree to update them regularly.
- The log on your account Plum must be performed by a single person - the login shared by multiple people is not allowed. You can create as many users as you like within your account.
- You are responsible for the security of accessing your account and the confidentiality of your password. Plum SaaS can not be held responsible for loss or theft of your password.
- You are responsible for all Content that you post, upload, post or transmit through any means or through the Service. You agree to indemnify Plum SaaS for any damage or expense of whatsoever kind for any action by a third party related to the Content disseminated, downloaded or transmitted by you.
- Plum SaaS does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of the Content as such. You understand that by using the Service, you may be dealing with the Content offensive, indecent or objectionable. You agree to evaluate and bear all risks associated with the use of any Content, including confidence in the accuracy, completeness or usefulness of such Content.
- A person or legal entity cannot use more than one account with a subscription Plum Free.
- If you use a subscription Plum Free, you are not allowed to block advertisements.
- The use of Plum shall be in compliance with the law. The use of Plum must be in compliance with the laws in your jurisdiction (including, but not limited to, the laws on respect for copyright).
- You must comply with the Plum Security and Privacy Policy available on the Plum Service.

Payments, Refunds, changing subscription
- A valid credit card or a valid Paypal account is required to make payment of a subscription Plum Premium. Plum Free subscription is not required to provide a means of payment.
- An update of an Account with a subscription to a subscription Free Plum Plum Premium subscription will end the Plum Free. You'll be charged for your first month immediately following the update of your Account
- Plum Premium subscription is adjusted so that the monthly anniversary date of this account and on the same card used when subscribing to Plum Premium subscription.
- A subscription Plum Business Partner must be set before the 15 months to the end. After this date, the account will be deactivated without warning or notification.
- The Service is billed in advance on a monthly basis and is non refundable. No refunds or credit will be given one month to partially used or unused for months. The payment of a subscription Plum Premium is the credit card or a Paypal account and a subscription Plum Business Partner this can be by check, credit card, bank transfer and / or Paypal.
- All prices are expressed in the VAT Service.
- Demotion to a lower level subscription can cause data loss and the reduction in the capacity of your Account. Plum SaaS can not be held liable for any such loss.
- If a payment can't be made for any reason, the subscription account will return to Plum Free. Plum SaaS can't not be held responsible for the total or partial loss of your data.

Termination
- In accordance with French legislation on distance selling, you are informed that you have a period of seven (7) calendar days from the date of registration, to exercise your right of cancellation without penalty and without reason. However, the right to cancel will no longer be exercised once you have accessed the service.
- You are solely responsible for the termination of your subscription. A request by phone or email will not be considered a cancellation request. You can end your subscription at any time since the tab "My Information" on your account by following the intructions depending on your subscription.
- Upon termination, all of your content will be automatically deleted from our servers. Your data cannot be recovered after termination of your account.
- The media can not provide any backup data from one account both during the subscription to a subscription after cancellation. Data recovery is the responsibility of users of the account by the means available function available in the Services (API, backup function, ect ...). export
- A request to cancel a subscription Premium Plum takes effect immediately after performing the procedure from the Service.
- A request to cancel a subscription Plum Business Partner must be made by post before 15 months of the end of the month (the postmark as proof). All cancellations sent after the 15th take effect at the end of next month.

Changes of the Service and Prices
- Plum SaaS reserves the right to make changes in design, method of operation, technical specifications, systems and other functions of the Services, and at any time without notice.
- Plum SaaS reserves the right to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services are subject to change prior notice of 30 days. Changing the price of services will be announced on the site http://www.plum.pro, or e-mail or directly into the Plum service as ads.
- Plum SaaS can not be held responsible for any damage incurred during a change in service, a price change, suspension or termination of the Service.

Copyright and Content Propriety
- Plum SaaS doesn't claim any intellectual property rights to the content you add to your Plum Account. Your profile and all content remains your property and your responsibility.
- Access to Services is licensed, not sold. Plum SaaS holds all securities and intellectual property rights and technical solutions, or has an exclusive right to use them. These intellectual property rights and technical solutions may only be used by the account as established by this Agreement. Under no circumstances the Account or a Third Party may acquire intellectual property rights in relation to the Services, software or technical solutions used by the Services, nor on any trademark, name belonging to or used by Plum SaaS.

Terms of Use
- Plum service is provided as it is, without any warranties.
- You understand that Plum SaaS uses providers and external suppliers (domain name server, bandwidth, storage, ...) to ensure the smooth running of Plum and therefore you accept their terms.
- You agree not to reproduce, copy, sell, resell or exploit any portion of the Service, without the written permission of Plum SaaS.
- Plum SaaS reserves the right to delete any illegal, abusive, threatening, defamatory, pornographic, pedophile, obscene, which could undermine the privacy of third and integrity, focusing on hate, racism, crime or offense, or that may violate intellectual property without prior notice.
- Technical support is provided only to holders of subscription and Plum Plum Premium Business Partner by telephone or email.
- You understand that the technical operation of Plum, your information, including your Content, may be transferred in encrypted or not and involve transmissions (a) on different networks, and (b) be modified to adapt to technical requirements of networks.
- You must not transmit worms, viruses or code of a destructive nature through Plum.
- You should not share your account or provide access to your main account to a person or entity.
- You may not post, host, or transmit unsolicited email, SMS, or messages such as spam through Plum.
- Plum SaaS can not be held liable for a loss of data caused by an error to use the Services and features.
- You are responsible for the management and protection of all of your data. Plum SaaS will therefore not responsible for loss or corruption of your data, or any costs or expenses associated with the preservation or restoration of all or part of your data.
- You expressly understand and agree that Plum SaaS can not be held liable for any direct, indirect, incidental, special, important or exemplary, including, but not limited to, damages for lost profits or other losses intangible, from: (a) the inability to use the service, (b) the cost of obtaining substitute goods and services from any goods, data, information or services purchased or obtained or messages received or transactions entered by the service or (c) the use of your data without authorization or alteration of your data by an unauthorized person.
- Plum SaaS does not guarantee that (a) the service will meet your specific needs, (b) the service will be continuous, timely, secure, or error free, (c) the results that may be obtained from using the service will be accurate or reliable, (d) the quality of any goods, services, information, meet your expectations, and (e) that all errors of Service will be corrected.
- Any questions about these Terms of Use should be sent to contact@plum.pro.

Perfomances Services
- When using a subscription Free Plum and Plum Premium, you share the physical resources of the servers public SaaS Plum. Therefore you agree to suffer the possible alterations, judgments, afaiblissements and limitations defined by Plum SaaS or not.
- When using a subscription Plum Business Partner, you use all the physical resources of the private servers Alouis to you according to your needs. Therefore you agree to suffer the physical limits.
- When using a subscription Plum Free, if your bandwidth usage exceeds 1 GB / month, or significantly exceeds the average bandwidth usage (as determined solely by Plum SaaS) other accounts Plum, Plum SaaS reserves the right to deactivate your account or restrict your bandwidth until you can reduce your consumption.
- When using a subscription Free Plum and Plum Premium, if the number of activities (all activities on the Services) exceeds 5 000/day, or significantly exceeds the average number of activities per account (determined solely by Plum SaaS), SaaS Plum reserves the right to deactivate your account and offer you to go to Plum Business Partner. - When using a subscription Free Plum and Plum Premium, if the number of simultaneous users of your account exceeds 10 users, or significantly exceeds the average number of simultaneous users per account (determined solely by Plum SaaS), SaaS Plum reserves the right to deactivate your account and offer you to go to Plum Business Partner.

SLA supports and
- When using a subscription Plum Premium support and technical answers in 48 hours and Plum Business Partner subscriptions within 24hrs. A response is an understanding of your problem through our support but not necessarily of its resolution.
- The functional and technical support is available by email: support@plum.pro and by phone at 06 17 72 49 72 or 06 42 20 15 46.
- The commercial support is available by email: contact@plum.pro and by phone at 06 42 20 15 46.
- The supports are available from 10am to 20pm Monday to Saturday.

Installation and Availability
- The features of a Premium subscription Plum are available instantly after activation of the subscription (either through the payment of the subscription, or through the activation of the exceptional support).
- Functionality and architecture of a server subscription Plum Business Partner differ depending on the complexity of the solution to achieve but vary from 2 days to 3 weeks from the date of signing the quote. The delivery is always set on the estimate. The subscription begins at the date of delivery of Services.
- If a problem is detected on the functional Services as a bug, Plum SaaS will correct the problem by 1 month.
- If a hardware problem is detected, Plum is committed to addressing SaaS in partnership with the company responsible for hosting services and depends on the SLA of the host and their actions.
- Hardware and network quality is guaranteed by the company responsible for hosting services. Plum SaaS can not be held responsible for that quality.

Applicable law and jurisdiction clause
- The validity, performance and interpretation of these terms and conditions are governed by French law, by not including the rules of private international law. Any dispute concerning the validity, performance and interpretation of these terms and conditions are subject to the exclusive jurisdiction of French courts.
- Users must respect these conditions. If conditions are not met, Plum SaaS reserves the right to disable or delete the User Account and all that that implies with or without notice.
- If any provision of these Terms of Use shall be unlawful, the remainder of the contract will not be affected.